VIRGINIA'S PILOT PUBLIC DEFENDER PROGRAM - REPORT OF THE VIRGINIA PUBLIC DEFENDER COMMISSION TO THE GOVERNOR AND THE GENERAL ASSEMBLY OF VIRGINIA, NOVEMBER 1974

• NCJ Number: 48411
• Author(s): ANON
• Date Published: 1974
• Length: 36 pages
• Corporate Author: Virginia Dept of Purchases and Supply
• Sale Source: National Institute of Justice/
• Publication Type: Program Description (Model)
• Language: English
• Country: United States of America

Annotation

THIS REPORT OF THE FIRST 2 YEARS OF WORK OF A SPECIAL COMMISSION GIVES THE HISTORY OF INDIGENT DEFENSE IN THE STATE OF VIRGINIA, CIRCUMSTANCES WHICH MAKE A PUBLIC DEFENDER FEASIBLE, AND DETAILS OF A PILOT PROJECT.

Abstract

FOLLOWING AN OVERVIEW OF PUBLIC DEFENDER PROGRAMS IN OTHER STATES, THE FINANCIAL AND SOCIAL REASONS BEHIND THE PUBLIC DEFENDER MOVEMENT IN VIRGINIA ARE EXAMINED. BASICALLY, THE COSTS OF COURT-APPOINTED ATTORNEYS ROSE RAPIDLY DURING THE 1960'S. PRIOR TO THIS THERE HAD BEEN DISSATISFACTION WITH THE QUALITY OF LEGAL SERVICE PROVIDED BY SOME COURT-APPOINTED DEFENDERS. ENABLING LEGISLATION FOR A PUBLIC DEFENDER WAS PASSED IN 1972, AND THIS COMMISSION WAS ESTABLISHED TO SUPERVISE THREE PILOT PROJECTS. THE REPORT GIVES THE HISTORY OF A PROJECT SET UP IN THE FOURTH REGIONAL JUVENILE COURT AREA (A THREE-COUNTY RURAL AREA) AND IN VIRGINIA BEACH. FUNDING WAS OBTAINED THROUGH THE VIRGINIA DIVISION OF JUSTICE AND CRIME PREVENTION UNDER A LEAA GRANT. A THIRD PROJECT WAS PROPOSED FOR AN URBAN AREA, BUT AT THE TIME OF THE REPORT, SUCH A PROJECT HAD NOT YET BEEN ESTABLISHED. AN EVALUATION OF THE TWO FUNDED PROJECTS FINDS THAT PUBLIC DEFENDERS ARE PROVIDING MORE CONSISTENT REPRESENTATION AND THAT THE COURTS ARE RESPONDING FAVORABLY TO THE PROGRAM. NO FINANCIAL SAVINGS HAVE BEEN REPORTED. THE GREATEST GAIN HAS BEEN IN IMPROVED COUNSEL FOR INDIGENTS AND IN THE USE OF SPECIALISTS IN CRIMINAL LAW FOR DEFENSE, AS OPPOSED TO CIVIL LAWYERS WITH MORE LIMITED EXPERIENCE IN CRIMINAL MATTERS. IT IS RECOMMENDED THAT IF THE PUBLIC DEFENDER PROGRAM IS TO APPLY TO THE ENTIRE STATE, IT SHOULD FIRST BE TESTED IN A MAJOR METROPOLITAN AREA. IF, HOWEVER, IT IS TO BE USED OPTIONALLY, IT STILL NEEDS MORE TESTING BUT ON A MORE LIMITED SCALE. LEGISLATIVE CHANGES TO ENHANCE THE PROGRAM ARE RECOMMENDED. BUDGET AND SALARY DATA ARE APPENDED, AS ARE SAMPLE SURVEY QUESTIONNAIRES, A COPY OF THE PUBLIC DEFENDER ENABLING LEGISLATION, A COPY OF THE FINANCIAL QUESTIONNAIRE USED TO DETERMINE INDIGENCY, AND A COPY OF PROPOSED LEGISLATION. (GLR)