NCJ Number
63128
Journal
Judges' Journal Volume: 17 Issue: 1 Dated: (WINTER 1978) Pages: 34-37,53-54
Date Published
1978
Length
6 pages
Annotation
ASSIGNING COURT-APPOINTED LAWYERS FOR INDIGENT DEFENDANTS IS A JUDICIAL PRACTICE WHICH PRECLUDES FAIR AND EFFECTIVE LEGAL REPRESENTATION BECAUSE OF DELAYED ENTRY OF THE APPOINTED COUNSEL.
Abstract
THE ATTORNEY FOR A NONPAYING, CRIMINALLY ACCUSED PERSON USUALLY ENTERS THE CASE ONLY AT THE INITIAL COURT APPEARANCE OF THE DEFENDANT. IN CONTRAST, THE AFFLUENT DEFENDANT'S COUNSEL HAS BEGUN REPRESENTATION WELL IN ADVANCE. THE ADVANTAGES OF POLICE STATION REPRESENTATION ARE LOST FOR THE NONPAYING DEFENDANT, WHO MUST FACE POLICE INTERROGATION ALONE. BY ENTERING A CASE BEFORE THE INITIAL COURT APPEARANCE, THE DEFENSE ATTORNEY CAN PLAY A PART IN THE CHARGING PROCESS, POINTING OUT WEAKNESSES IN THE STATE'S EVIDENCE, PRODUCING EVIDENCE ON THE CLIENT'S BEHALF, OR INITIATING PLEA-BARGAINING BEFORE THE CHARGE IS FILED. WHILE A PAID COUNSEL IS PURSUING THESE OPTIONS, POOR DEFENDANTS AWAIT THEIR COURT APPEARANCES IN JAIL. ALTERNATIVES TO MONEY BOND ARE URGENTLY NEEDED IN THIS SYSTEM, AS WELL AS NEW TECHNIQUES FOR BRINGING NONPAYING CLIENTS AND ATTORNEYS TOGETHER BEFORE TRIAL. SOME RECOMMENDED STEPS ARE BETTER PUBLICITY FOR THE DEFENSE SERVICE, DAILY REVIEW OF INMATES AWAITING COURT APPEARANCE, AN ON-CALL DEFENDER STAFF AT THE JAIL, AND AN IMMEDIATE NOTIFICATION SYSTEM BETWEEN CUSTODIAL AUTHORITIES AND THE COUNSEL SERVICE. THE JUDICIARY SHOULD RELINQUISH ITS POWER TO APPOINT COUNSEL IN CRIMINAL CASES AND PERMIT ATTORNEYS TO REPRESENT THE INDIGENT DEFENDANT BEFORE A COURT APPEARANCE. FOOTNOTES ARE APPENDED. (MRK)