NCJ Number
59193
Date Published
1978
Length
90 pages
Annotation
ONSITE VISITS PLUS QUESTIONNAIRE RESULTS SHOW THE ADA COUNTY (BOISE, IDAHO) INDIGENT CRIMINAL DEFENSE SYSTEM TO BE BELOW NATIONAL STANDARDS. THE PRIVATE LAW OFFICE SHOULD BE REPLACED BY A PUBLIC DEFENDER.
Abstract
THE CURRENT SYSTEM GREW SLOWLY AND MANY OF THE DEFICIENCIES ARE DUE TO HISTORICAL ACCIDENT. AT PRESENT, INDIGENT DEFENSE IS APPOINTED ROUTINELY ONLY IN JUVENILE CASES. THE COUNTY CONTRACTS WITH A PRIVATE LAW FIRM FOR INDIGENT DEFENSE AND OFTEN AN ATTORNEY IS NOT ASSIGNED TO A CASE IMMEDIATELY BECAUSE THE QUALIFYING PROCESS TO PROVE THAT THE DEFENDANT IS INDIGENT IS LONG. IT IS OFTEN IMPOSSIBLE TO IDENTIFY CONFLICTS OF INTEREST UNTIL NEAR THE DATE OF TRIAL AND MULTIPLE REPRESENTATIONS OF CODEFENDANTS BY THE SAME ATTORNEY IS THE RULE RATHER THAN THE EXCEPTION. WHEN ONE DEFENDANT ANNOUNCES AN INTENTION TO IMPLICATE OR TESTIFY AGAINST ANOTHER, THE LAW OFFICE ASSIGNS DIFFERENT ATTORNEYS. DEFENSE ATTORNEYS DO LITTLE INVESTIGATION; AN OFFICE PARALEGAL PERSON HANDLES MOST OF THIS. THERE WAS A LOW RATE OF PRETRIAL MOTIONS AND OFTEN NO WRITTEN ATTEMPT WAS MADE TO REDUCE BAIL. THE PRESENT SYSTEM SHOULD BE REPLACED BY A PUBLIC DEFENDER'S OFFICE INTEGRATED INTO ADA COUNTY CRIMINAL JUSTICE SYSTEM. THE COUNTY SHOULD ALSO PURSUE SOME METHOD OF ENSURING THAT THE SAME ATTORNEY FOLLOWS A DEFENDANT THROUGH THE APPEALS PROCESS. A PROPOSED PUBLIC DEFENDER BUDGET IS WORKED OUT. APPENDIXES CONTAIN A PROPOSED FINANCIAL AFFIDAVIT FOR DEFENDANTS, THE CURRENT AFFIDAVIT, AND A COPY OF THE CURRENT PUBLIC DEFENDER CONTRACT BETWEEN ADA COUNTY AND A LOCAL LAW FIRM. (GLR)