NCJ Number
59189
Date Published
1978
Length
73 pages
Annotation
CONSULTANTS' ANALYSIS AND FIELD OBSERVATIONS OF THE JACKSON COUNTY, OREGON, INDIGENT DEFENSE SERVICES, AS ASSESSED IN MAY, 1978, ARE PRESENTED; RECOMMENDATIONS FOR PROGRAM IMPROVEMENT ARE STRESSED.
Abstract
IT WAS CONCLUDED THAT THE PRESENT ASSIGNED COUNSEL SYSTEM IN GENERAL PROVIDES ADEQUATE REPRESENTATION TO INDIGENTS ACCUSED OF CRIMES AND MISDEMEANORS. THE SYSTEM CAN BE CONTINUED, BUT ONLY WITH THE ADOPTION OF SPECIFIED RECOMMENDATIONS. FIRST, THE BAR ASSOCIATION OF JACKSON COUNTY SHOULD TAKE RESPONSIBILITY FOR THE EFFECTIVE COORDINATION AND TRAINING OF THE ASSIGNED COUNSEL PANEL. SECOND, THE COUNTY SHOULD DEVELOP A MECHANISM FOR THE EARLY ENTRY OF ASSIGNED COUNSEL. THE BAR OR COURT STAFF SHOULD REVIEW A DAILY LOG OF THE JAIL TO ASCERTAIN WHETHER INCARCERATED INDIGENTS NEED OR ARE REQUESTING ASSIGNED COUNSEL. THIRD, CLEAR STANDARDS OF INDIGENCY SHOULD BE DEVELOPED AND PROMULGATED. FOURTH, REPAYMENT OF ATTORNEY FEES AS A CONDITION OF PROBATION VIOLATES NATIONAL STANDARDS, AND THE PRACTICE SHOULD BE DISCONTINUED EXCEPT IN THOSE INSTANCES IN WHICH FRAUD IN OBTAINING ELIGIBILITY IS SHOWN. FIFTH, PARTICIPATING ATTORNEYS SHOULD BE INSTRUCTED IN THE USE AND VALUE OF INVESTIGATING SERVICES, PRELIMINARY HEARINGS, THE ROLE OF COUNSEL AT SENTENCING, AND OTHER FACETS OF CRIMINAL DEFENSE; EMPHASIS ON COUNSEL'S ROLE IN JUVENILE AND MENTAL ILLNESS HEARINGS SHOULD BE STRESSED. SIXTH, ASSIGNED COUNSEL SHOULD MAKE GREATER USE OF PRELIMINARY HEARINGS. SEVENTH, THE FEE SCHEDULE SHOULD BE EXPANDED TO ALLOW REASONABLE COMPENSATION FOR PREPARATION OF SENTENCE HEARINGS AND AT ALL CRITICAL STAGES IN THE PROSECUTION OF A CASE. COMPENSATION SHOULD BE BASED ON THE NUMBER OF HOURS DEVOTED TO EACH CASE. FOOTNOTES AND APPENDIXES ARE INCLUDED IN THE EVALUATION. (LWM)