NCJ Number
17920
Date Published
1970
Length
32 pages
Annotation
THIS OFFICE PROVIDES REPRESENTATION IN BOTH FELONY AND MISDEMEANOR CASES, IN HEARINGS ON THE COMMITMENT OF THE MENTALLY ILL, AND IN JUVENILE COURT.
Abstract
THIS PROGRAM EVALUATION WAS BASED ON THE OBSERVATIONS OF TWO SEPARATE STUDY TEAMS, INTERVIEWS WITH JUDGES, PUBLIC DEFENDER ATTORNEYS, PRIVATE LAWYERS, CLIENTS, AND ON-THE-SCENE EVALUATIONS OF OFFICE AND COURTROOM PROCEDURES. EVALUATORS DISCOVERED THAT THE PROGRAM HAD A HISTORY OF MEDIOCRE LEADERSHIP IN THE TOP POSITION OF PUBLIC DEFENDER AND WAS HELD IN LOW ESTEEM BY THE MINORITY GROUPS THAT FURNISH MOST OF ITS CLIENTS. IT WAS CONCLUDED THAT THESE PROBLEMS WERE CAUSED BY A COMBINATION OF INCREASED ARRESTS, NEW COURT DECISIONS ON THE RIGHTS OF THE ACCUSED, AND DIFFICULTY IN OBTAINING MONEY FOR ADEQUATE STAFFING. REASONS CITED FOR DISCONTENT WITH THE PUBLIC DEFENDER OFFICE - THE BELIEF THAT IT PLEADS MOST OF ITS CLIENTS GUILTY AS A RESULT OF PLEA BARGAINING; INSENSITIVITY OF THE INCUMBENT PUBLIC DEFENDER TO THE DUTIES, PURPOSES, AND PROPRIETIES OF HIS OFFICE, SMALL MINORITY REPRESENTATION ON THE PUBLIC DEFENDER STAFF; AND FAILURE OF THE OFFICE TO BE CLOSER TO THE LOCALITIES FROM WHICH ITS CLIENTS COME - ARE INVESTIGATED AND ANALYZED. RECOMMENDATIONS FOR IMPROVEMENTS OF THESE CONDITIONS ARE MADE. ALTHOUGH EVALUATORS FOUND NO EVIDENCE TO SUPPORT THE CLAIM THAT, IN HANDLING FELONY CASES, THE OFFICE OVER PLEADED ITS CLIENTS GUILTY OR FAILED TO REPRESENT THEM PROPERLY. ASLO EXAMINED ARE THE PROBLEMS FACED BY THE PUBLIC DEFENDER'S OFFICE IN REPRESENTING ITS CLIENTS. TWENTY SEPARATE RECOMMENDATIONS ARE MADE INCLUDING THE FOLLOWING: CHANGING THE OFFICE OF PUBLIC DEFENDER FROM ELECTED TO APPOINTED, PROVIDING FOR AN INCREASED NUMBER OF STAFF ATTORNEYS AND SECRETARIAL HELP, RECRUITMENT OF MINORITY LAWYERS AND INVESTIGATORS, AND MAKING IT POSSIBLE FOR MISDEMEANOR DEFENDANTS TO HAVE SUFFICIENT TIME BEFORE THEIR COURT APPEARANCE TO HAVE PERSONAL INTERVIEWS WITH THEIR ATTORNEYS.