Over the years, the mission of the agency has changed. Hours. It is unclear the extent to which other counties (and by extension the state) could face similar allegations in the future. This case was not fully litigated and ultimately settled in January 2020. For example, efficiency metrics should be used in combination with quality (or effectiveness) metrics. ACTIVITIES AND EXPENDITURES REPORT July 1, 2018 - June 30, 2019 The Office of State Public Defender (OSPD) was created by the Legislature in 2011 through the consolidation of the Office of Capital Defense Counsel and the Office of Indigent Appeals. 17 0 obj However, our understanding is that more jurisdictions and organizations are beginning to put greater focus on identifying appropriate effectiveness metrics and overcoming the challenges associated with them. Telephone: 1-800-323-6234. Turn off unnecessary lights and appliances. As shown in the figure below, such quality guidelines and standards tend to be broader and more conceptual in nature. The metrics listed above can be used to ensure these guidelines or standards or met, or used to inform the setting of the standard. 2007) and Training (est. 9 0 obj As such, these metrics are frequently used to manage an indigent defense office or to help justify budget requests. A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right. Workload metrics are generally easy to collect as they frequently only involve tracking events. This makes it difficult to fully and fairly evaluate the effectiveness of indigent service levels currently being provided across the state. Potential Justifications for Spending, Caseload, and Staffing Differences. Defining such metrics and data collection needs at the statewide level can also ensure that data is collected consistently, which would allow for accurate and fair comparisons across the state. Differences in Total Staffing Levels. In both of the investigator and clerical staff ratios, public defender offices generally had greater ratios than district attorney officesmeaning public defenders were assisted by fewer support staff. The identified differences are notable enough that they raise questions about the effective provision of indigent defense in California. (As we note later in this report, various potential justifications have been offered by stakeholders for differences in resource levels between district attorney offices and indigent defense.) Find reusable templates specific to your state in the largest online forms catalog, with 24/7 access to your purchased samples. 3599 (b), at least one of the attorneys appointed must have been admitted to practice in the court in which the case will be prosecuted for not less than five years, and must have had not less than three years' experience in the actual trial of felony prosecutions in that court. In the absence of consistent statewide data and metrics more directly measuring the effectiveness or quality of indigent defense, we compare limited available data related to the resources available to indigent defense providers as well as the district attorneys who prosecute cases. Additionally, some spending on indigent defense providers is used to support noncriminal and/or certain juvenilerelated workload (such as mental health civil commitments). For example, the Alameda, Kern, and San Mateo County Bar Associations review applications of private attorneys, determine which cases match their experience and ability levels, and review compensation requests to ensure attorneys are engaging in activities that are considered to be essential in providing effective defense counsel. The California Constitution contains nearly identical provisions. Counties can contract with private law firms or attorneys in lieu of, or in addition to, their public defender offices. Since indigent defense workload is driven by local actions, there can also be major differences between counties in the levels of resources needed by the system. GENERAL SUMMARY: Positions in this class perform advanced administrative support to the State Public Defender, First Assistant, Chief Deputies and other State Office staff. It is unclear how much is spent on such prosecutorial purposes. % Having clearly defined metrics would dictate the specific data that needs to be collected in order to evaluate existing indigent defense service levels. Recent Developments Impacting IndigentDefense in California, State Lacks Information to Assess Indigent Defense Service Levels. This means that the type of indigent defense data collected, how it is collected, and how it is used varies by county. GovernmentFunded Representation of Defendants Unable to Afford Private Attorneys. State law requires that public defenders defend individuals who are (1)charged with a criminal offense that can be tried in the trial courts and (2)financially unable to pay for attorney representation. These metrics are not mutually exclusive and can be used concurrently with one another. Additionally, the number of arrests per attorney varied across counties. The availability of investigators, clerks, paralegals, social workers, and other staff to support attorneys can reduce the level of work that must be completed by attorneys as well as increase the level of service that is provided. Require Counties Collect and Report Data. As such, a common measurement of effective assistance of counsel often cited by stakeholders is the number of attorneys supported by each of the various classifications of support staff. This would provide the state with comprehensive data that can be compared across counties. (Please see the box below for a discussion of limitations of the data used for this assessment.) In California, indigent defense systems provide representation in one, or a combination, of three ways: (1)public defender offices operated by the government, (2)private law firms or attorneys that contract with the government to provide representation in a certain number of cases and/or over a certain amount of time, or (3)individual private attorneys who are willing to take on indigent criminal cases and are appointed by the court to specific cases with compensation ordered by the court. v Approved, SCAO STATE OF MICHIGAN CASE NO. Third,we note that some individuals may choose to pay directly for private attorneys for representation instead of making use of the indigent defense system. In other words, spending on district attorney offices was 82percent higher than on indigent defense. Learn more at flexalert.org, Urgent Energy Conservation Needed: Raise your AC to 78 at 4 p.m. (In the box below, we discuss the various metrics and standards currently used across the nation to measure the effective provision of indigent defense representation.). Counties Primarily Responsible for Indigent Defense. It also asserted that the state abdicated its responsibility to ensure that effective assistance of counsel for indigent defendants was being provided by the county. OSPD - Office of State Public Defender 1 2 3 4 5 6 Welcome The California Legislature created the Office of the State Public Defender in 1976 to represent indigent criminal defendants on appeal. GOVERNANCE Mission and Strategic Plan Under 18 U.S.C. Second, the staffing data is reported on June 30 of every year and may not fully reflect the number of positions each office is budgeted for. Measuring efficiency can be relatively difficult because it typically involves the comparison of data (such as data collected by various stakeholders who use different definitions) or requires the collection of more detailed data (such as when or how cases are resolved). Additionally, the state also expanded OSPDs mission to include providing assistance and training to indigent defense attorneys as well as other efforts to improve the quality of indigent defense representation. (Please see the box below for additional information on racial disparities in the criminal justice system.) Although, some available data, which we present below, raise questions about the adequacy of current service levels and whether the state and counties are providing effective indigent defenseassistance. Coun.R. Effective June 1, 2021 Jennifer Morgan joined our staff as the first Parent Defense Program Manager. One method of comparing caseload is to examine the number of arrests to the number of attorneys for both district attorney offices and indigent defense. Differences in Spending Levels. Additionally, certain efficiency metrics can be impacted by factors outside of the control of indigent defense providers. This is known as indigent defense. In this report, we: (1)provide background information on the provision of indigent defense in California; (2)discuss existing indigent defense service levels and the lack of information to assess indigent defense levels; and (3)make recommendations to improve the states oversight of indigent defense by defining appropriate metrics to more directly measure the quality of indigent defense, requiring the collection and reporting of data, and using such data to inform future legislative actions. Collectively, this means that lowerincome individuals and certain racial groups are at greater risk of experiencing these serious consequences. This revised edition of the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases is the product of a two-year long drafting effort. As shown in Figure3, over the past decade, spending on district attorney offices has been consistently higherand growing at a faster ratethan spending on indigent defense. In contrast, spending on indigent defense was about $27 per person in 201819an increase of about $4 per person (or 20percent) from 200910. Currently, only the Chief Public Defender of San Francisco County is elected. endstream These specifications apply to all OSPD reports regardless of contractor type. However, as we discuss below, the lack of consistent data and metrics makes it difficult to fully evaluate existing service levels at this time. (Doc. However, analysis of limited data raises questions about existing indigent defense service levels. AsshowninFigure7, nearly $1,900 was spent on district attorney offices per arrest in 201819, an increase of nearly $842 per arrest (or 82percent) from 200910. Now, the Office of the State Public Defender focuses its resources on post-conviction appellate representation in death penalty cases. 2008) under one umbrella and to develop proposals for a statewide public defense system. 2001), Appeals (est. 989-739-3211 Ext. Additionally, effective assistance can result in the identification of mitigating circumstances or relevant defenses that can lead to better plea deals, lesser charges, or dismissal of casesall of which can help mitigate the major life consequences that could be experienced by individuals. Thegoal of such standards is to help ensure minimum quality service levels. Additionally, Figure13 shows the distribution of the ratio of attorneys to clerical staff. In 2016 parent defense in youth court protection matters was added to our responsibilities. However, the court and prosecutors can be responsible for continuanceswhich means that this metric may not accurately measure the efficiency of indigent defense providers. endobj A total of $4million from the General Fund was provided in 202021 ($3.5million ongoing) for these purposes. In contrast, in 29 of the district attorney offices, there were between 1.1 and 3 attorneys per clerical staff. ",#(7),01444'9=82. The final priority is to individual private attorneys appointed by the court. Recommend Three Key Steps for Legislative Action. 2007) and Training (est. stream 5 0 obj (We note, however, that what specifically constitutes effective assistance is generally undefined. [ 15 0 R] Efficiency Metrics. <>/Font<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Stakeholders argue that the right of due process is important in criminal proceedings because prosecutors have significant flexibility to determine whether and how to charge individuals (such as for a misdemeanor versus a felony), how a defendants case will proceed through the courts, and how cases will be resolved. <> Importance of Effective Indigent Defense. For example, effective assistance can result in an individual being released from jail pending criminal proceedings that can take months or years to conclude. The Office of State Public Defender (OSPD) was established in 2011 to continue the work of Capital Defense (est. <> Notably, the court ruled that the state could not say it was not responsible for meeting its constitutional responsibilities just because the services are primarily provided by counties. On the other hand, some assert that the indigent defense system needs similar or more resources than district attorney offices because the system does not have the benefit of significant support from other governmental entitiessuch as law enforcement agencies that investigate and present cases to district attorney offices or forensic laboratories that test potential evidence. State Lacks Information to Assess Indigent Defense Service Levels. Additionally, the 202122 budget included $50million annually for three years for indigent defense providers to address certain postconviction proceedings. The specific approach selected generally reflects how counties plan on using the information. Kristi Mullen who joined OSPD as office manager during the merger continues in that role. Given the challenges associated with this type of data, it appears that only a few jurisdictions actually collect and use such data on an ongoing basis. The U.S. Supreme Court further noted that even an intelligent and educated person would be in danger of conviction due to a lack of skill and knowledge for adequately preparing a defense to establish innocence. Why Is Effective IndigentDefenseImportant? While there appears to be consensus on the overarching goals of providing effective defense representation, there seems to be a lack of consensus in California (and the nation generally) on what metrics should be used to directly measure the effectiveness of indigent defense representationfurther contributing to the variation in data and metrics collected across counties. Years for indigent defense service levels 29 of the agency has changed is spent such... Is to individual private attorneys appointed by the court, that what specifically constitutes effective assistance generally., how it is unclear how much is spent on such prosecutorial purposes in California, 2021 Jennifer Morgan our. 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