Public Defense An Issue Area Primer for the National Foundation for Women Legislators “If you cannot afford a lawyer one will be provided for you…”

Table of Contents Public Defense in America Facts and Figures Slide #3 Facts and Figures Slide #5 Model Policies and Practices Slide #6 References Slide #8 *Note: hyperlinks to reports and data can be opened by right clicking and selecting "open hyperlink"*

Public Defense in America Each state has a constitutional obligation to provide access to counsel under the 6th Amendment Between 60 and 90 percent of defendants charged with a crime cannot afford an attorney Budget issues and competing criminal justice priorities have left many states with critically under- funded public defense systems

Public Defense contd. An effective system of public defense can Keep innocent citizens out of jail and prison Speed up court proceedings Reduce the chance of later appeals and extended litigation Some states and jurisdictions (UT, New Orleans, NY and others) are being or have been sued because of years of under-funding and shortcomings in their public defense systems

Facts and Figures State governments spent more than $85 billion in 2012 on police, corrections, and legal costs (link)—and only a tiny fraction went to access to counsel services People are frequently encouraged to waive their right to an attorney to resolve cases more quickly, often by pleading guilty or no contest— as much as 30% of defendants in one observational study (link, link to study)

Model Policies and Practices A True Right to Counsel Counsel should be provided at the first court appearance and to anyone unable to afford a lawyer. Accused persons should not be encouraged to waive their rights to counsel unless the action is wholly voluntary and cognizant Minor Offense Reclassification Reclassification and decriminalization could alleviate overburdened public defender systems and save a billion dollars yearly by way of fewer cases (link)

Model Policies and Practices Pre Trial Reforms States should work to develop evidence-based risk assessment tools to aid judges in making appropriate conditions of pretrial release, ensuring appearance at court proceedings and protecting the community while safeguarding individual liberty and the presumption of innocence Compliance with the American Bar Association’s 10 principles for Public Defense Delivery (link)

References Testimony of Robert C. Boruchowitz before the Senate Judiciary Committee, May 13, 2015, on Misdemeanor Public Defense, available at http://www.judiciary.senate.gov/imo/media/do c/05-13-15%20Boruchowitz%20Testimony.pdf. System costs: Tracey Kyckelhahn, Ph.D., Justice Expenditure And Employment Extracts, 2012 – Preliminary, Table 9 (Feb. 26, 2015), available at http://www.bjs.gov/index.cfm?ty=pbdetail&iid= 5239 Here are some resources to find out how your state handles public defense services: http://www.bjs.gov/index.cfm?ty=tp&tid=28