1. 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…”

2. 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"*

3. 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

4. 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

5. 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)

6. 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)

7. 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)

8. References
Testimony of Robert C. Boruchowitz before the Senate Judiciary Committee, May 13, 2015, on Misdemeanor Public Defense, available at c/ %20Boruchowitz%20Testimony.pdf.
System costs: Tracey Kyckelhahn, Ph.D., Justice Expenditure And Employment Extracts, 2012 – Preliminary, Table 9 (Feb. 26, 2015), available at
Here are some resources to find out how your state handles public defense services: