In the News
60 Minutes Segment: New Orleans' chief public defender, Derwyn Bunton, tells Anderson Cooper that until he can ensure every client gets the defense they deserve, he'll continue to turn cases away.
Resources from National Organizations
Department of Justice Resources
- DOJ Indigent Defense Publications
- BJA National Training and Technical Assistance
- 50 Years Later: The Legacy of Gideon v. Wainwright
- Attorney General Eric Holder Addresses the Department of Justice National Symposium on Indigent Defense: Looking Back, Looking Forward, 2000-2010
- DOJ's Access to Justice Initiative
National Standards
- ABA - NEW! Indigency Guidelines (2012) - A collection of indigency guidelines and statutes utilized by state courts and state public defender offices to determine client eligibility.
- ABA Ten Principles of a Public Defense Delivery System (2002)
- ABA Criminal Justice Section Standards - Defense Function (1991)
- NCSC Indigent Defense Resource Guide
-
NLADA Ethical Obligations of Indigent Defense Attorneys to Their Clients
Excessive Workload
- ABA Securing Reasonable Caseloads: Ethics and Law in Public Defense (2012)
- ABA Eight Guidelines on Public Defense Workloads (2009)
-
ABA Ethics Opinion 06-441 (2006)
Contracting for Public Defense
Assigned Counsel Systems
- NLADA Standards for the Administration of Assigned Counsel Systems (1989)
- NLADA Standards and Evaluation Design for Appellate Defender Offices
Public Defense Reform Efforts
Legislation
- Gideon's Promise Act
-
- To ensure the effective administration of criminal justice
- National Center for the Right to Counsel Act
-
- To establish the National Center for the Right to Counsel
Court Decisions
- State of Iowa v. Archaletta Latrice Young
-
- Under the Right to Counsel provision of Article I, Section 10 of the Iowa State Constitution, a misdemeanor defendant has a right to the assistance of counsel when the defendant faces the possibility of imprisonment.
Resources from the Field
Written Eligibility Guidelines/Rules
- Alabama: "Determination of Indigency and Provision of Defense Counsel Generally"
- Colorado: "The Colorado Bail Book: A Defense Practitioner's Guide to Adult Pretrial Release"
- Florida: "Determination of Indigent Status"
- Georgia: "Standards for Determining Indigence"
- Hawaii: State of Hawaii Office of the Public Defender: "What are the Guidelines for Determining Eligibility"
- Michigan: "Chapter 6: Criminal Procedure: Michigan Court Rules of 1985"
- Minnesota: "611.17 Financial Inquiry;Statements;Co-Payment;Standards for District Public Defense Eligibility" The office does not screen for eligibility.Guidelines are found in statutes.
- Missouri: "Rules of Public Defender Commission: Division 10-Office of State Public
Defender: Chapter 3-Guidelines for the Determination of Indigence" - Texas: Harris County District Courts: "Standards and Procedures: Appointment of Counsel for Indigent
Defendants" - Vermont: "Title 13: Crimes and Criminal Procedure, Chapter 163: Public Defenders"
- Washington: "Update on Criteria and Standards for Determining and Verifying Indigency"
- West Virginia: State of West Virginia: "Financial Guidelines for Determining Eligibility for Legal Representation by Appointed Counsel or Public Defender Counsel"
- Wisconsin: "Chapter PD 3: Indigency Criteria"
Forms for Assessing/Determining Eligibility for Public Defense Services
- Minnesota: Minnesota Judicial Branch: "Court Forms"
- New Hampshire: The State of New Hampshire Judicial Branch: "Financial Affidavit & Application for Court Appointed Counsel"
- South Dakota: South Dakota: "Application for Court-Appointed Attorney"
- Texas: Texas Indigence Defense Commission: "Effective Indigence Screening"
Applications for Public Defense Services
Including applications in multiple languages.
- Colorado: Office of the Colorado State Public Defender: "Public Defender Forms"
- Kentucky: Kentucky Court of Justice: "Financial Statement, Affidavit of Indigency, Request for Counsel and Order (Criminal Cases)"
- Massachusetts: Massachusetts Judicial Branch: "Affidavit of Indigency" and "Supplement to Affidavit of Indigency"
- Minnesota: Minnesota Judicial Branch: "Court Forms"
- Missouri: Missouri State Public Defender: "How to Apply for Services"
- New Hampshire: The State of New Hampshire Judicial Branch: "Financial Affidavit & Application for Court Appointed Counsel"
- Ohio: Office of the Ohio Public Defender: "Financial Disclosure/Affidavit of Indigency"
- Vermont: "Application for Public Defender Services"
- Washington: "Court Forms: Indigent Defense"
- West Virginia: West Virginia Public Defense Services: "Affidavit: Eligibility for Appointed or Public Defender Counsel"
Caseload/Workload Information
- Nebraska: Lancaster County, Nebraska: "Lancaster County Public Defender Workload Assessment, July 2008"
- Virginia: "Virginia Indigent Defense Commission Attorney and Support Staff Workload Assessment"
- Washington: Supreme Court of Washington: "Standards of Indigent Defense"
Practice Standards
- State Indigent Defense Systems
- Sixth Amendment Center overview of how states fund and administer indigent defense systems.
- Connecticut: Connecticut Public Defender Services Commission: "Guidelines on Indigent Defense: Guidelines Relating to the Representation of Indigent Defendants Accused of a Criminal Offense"
- Georgia: Gwinnett Judicial Circuit, GA: "Indigent Defense Program"
- Louisiana: Louisiana Public Defender Board: "LPDB Trial Court Performance Standards"
- Montana: State of Montana: "Standards for Counsel Representing Individuals Pursuant to the Montana Public Defender Act"
- New York:
-
- New York Indigent Defense Organization Oversight Committee: "General Requirements For All Organized Providers of Defense Services to Indigent Defendants"
-
- New York Office of Indigent Legal Services: "Standards and Criteria for the Provision of Mandated Representation in Cases Involving a Conflict of Interest"
- Nevada: "Nevada Indigent Defense Standards of Performance"
- Oregon: State of Oregon Office of Public Defense Services: "Components of a Successful Office-Best Practices"
- South Carolina:
-
- South Carolina Commission on Indigent Defense: "Performance Standards for Public Defenders and Assigned Counsel (Non-Capital)"
- South Carolina Commission on Indigent Defense: "Policies, Guidelines, Regulations & Orders"
- Texas: Harris County District Courts: "Standards and Procedures: Appointment of Counsel for Indigent Defendants"
- Washington:
-
- Washington State Office of Public Defense: "Standards for Indigent Defense"
- Washington Supreme Court: "Standards for Indigent Defense"
Client Focused Information
General information regarding legal rights, including FAQs on legal processes, information on rights when interacting with police, how to apply for a lawyer, checking the status of a case, etc.
- California: San Francisco Public Defender: "Legal Rights"
- Florida:
-
- 9th Judicial Circuit Public Defender: "My Case Information"
-
- 18th Judicial Circuit Public Defender: "Client Information"
- Hawaii: Office of the Public Defender: "Clients" Note: All links are on the right hand side
- New York: The Bronx Defenders, "Need Legal Help?"
- District of Columbia: The Public Defender Service, "PDS DC: The DC Justice System"
- Maryland: The Office of the Public Defender: "How to Apply for a Lawyer"
- New Mexico: Law Offices of the Public Defender State of New Mexico
- Tennessee: Public Defender, Metropolitan Nashville and Davidson County: "Find My Court Dates"
- Texas: Federal Public Defender, Southern District of Texas: "Basic Information"
- Wisconsin: The Wisconsin State Public Defender's Office: "Information for Clients or Prospective Clients"
Additional Sample Materials in Multiple Languages
- District of Columbia: The Public Defender Service, "Servicio De Defensoria Publica Para El Distrito De Columbia"
- Georgia: Georgia Public Defender Standards Council. Note: Can be found on the right hand side, can be downloaded as a Microsoft Word File.