CALIFORNIA - EVALUATION OF STATE PUBLIC DEFENDER FINAL REPORT

• NCJ Number: 59195
• Author(s): H B EISENBERG; J R NEUHARD; T A GOTTFRIED
• Date Published: 1979
• Length: 137 pages
• Grant Number(s): 77-DF-99-0054
• Sponsoring Agency: US Dept of Justice
• Corporate Author: National Legal Aid and Defender Assoc
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE CALIFORNIA PUBLIC DEFENDER REPRESENTS INDIGENT FELONS DURING THE APPEALS PROCESS. FOUR OFFICES HAVE DEVELOPED INDEPENDENTLY, AND NEED TO COORDINATE PROCEDURES AND DEVELOP A SYSTEM TO EQUALIZE WORKFLOW.

Abstract

THIS EVALUATION OF FOUR OFFICES OF CALIFORNIA PUBLIC DEFENDERS FINDS THAT THE QUALITY OF REPRESENTATION IS EXCELLENT BUT THAT THE WORKLOAD AND STAFFING DIFFERENTIALS HAVE CREATED MORALE PROBLEMS. TO REMEDY THE PROBLEM, COMMISSION OR PANEL SHOULD SELECT THE STATE PUBLIC DEFENDER, REMOVING THE OFFICE FROM POLITICAL APPOINTMENT. THE FOUR OFFICES SHOULD ADOPT UNIFORM STATISTICAL AND CASE DOCKETING PROCEDURES AND WORK OUT METHODS OF EQUALIZING WORKFLOWS. TEAM LEADERS SHOULD ADOPT AN AUTOMATIC ROTATING SYSTEM TO ASSIGN CASES EXCEPT FOR DEATH PENALTY CASES AND OTHER TIME-CONSUMING APPEALS. A PANEL OF OUTSIDE ATTORNEYS QUALIFIED TO HELP IN THE PUBLIC DEFENSE OF INDIGENT PERSONS SEEKING APPEALS SHOULD BE DEVELOPED AND THE COMPENSATION TO SUCH ATTORNEYS INCREASED TO REFLECT THE TIME-CONSUMING NATURE OF APPEALS WORK. THE COURT OF APPEALS SHOULD CHANGE SEVERAL OF ITS RULES TO MAKE MORE MATERIALS AVAILABLE WITHOUT EXPENSIVE COURT APPEARANCES. NUMEROUS CLERICAL CHANGES ARE ALSO RECOMMENDED. THIS STUDY CONTAINS RESULTS OF INTERVIEWS WITH JUDGES AND MEMBERS OF THE PUBLIC DEFENDER'S STAFF, NOTES, AND RELEVANT COURT RULES, MEMORANDA, AND BUDGET INFORMATION. (GLR)