NCJ Number
59194
Date Published
1979
Length
84 pages
Annotation
IN DALLAS, TEX., JUDGES APPOINT THE DEFENSE COUNSEL AND FAVOR ATTORNEYS WHO CAN 'MOVE THE CASES ALONG;' WHILE NO COST-PER-HOUR RECORDS EXIST. A COORDINATED ASSIGNED COUNSEL SYSTEM COULD CONTROL COSTS, IMPROVE ASSIGNMENTS.
Abstract
ALTHOUGH THERE ARE APPROXIMATELY 500 CRIMINAL DEFENSE LAWYERS IN DALLAS COUNTY, A SURVEY UNDERTAKEN BY A BAR GROUP FOUND THAT 21 ATTORNEYS RECEIVED 60 PERCENT OF THE TOTAL AMOUNT SPENT FOR INDIGENT REPRESENTATION IN 1978. THERE ARE NO ATTORNEYS REGULARLY ASSIGNED TO DEFENDANTS AT THE MUNICIPAL COURT LEVEL, EVEN THOUGH MOST CASES START AT THE DALLAS CITY JAIL AND ARE THEN PROCESSED OVER TO THE COUNTY COURT LEVEL WHERE APPROPRIATE. OFTEN THIS PROCESS TAKES A FEW DAYS DURING WHICH TIME NO COUNSEL IS AVAILABLE. A COORDINATED ASSIGNED COUNSEL SYSTEM, RUN BY AN ADMINISTRATOR WITHIN THE COURT SYSTEM, COULD ADDRESS THESE PROBLEMS. BY PREPARING A PANEL OF QUALIFIED ATTORNEYS AND ASSIGNING CASES EQUALLY AMONG THEM, THE OCCURRENCE OF FAVORITISM COULD BE ELIMINATED. THIS SYSTEM COULD ALSO PROCESS INDIGENT APPEALS AND ASSIGN COUNSEL QUICKLY, PREFERABLY NO LATER THAN A FIRST APPEARANCE BEFORE A JUDGE. STATE LAW REGARDING COMPENSATION NEEDS TO BE CHANGED. ATTORNEYS ARE PAID ONLY FOR TIME IN COURT, NOT FOR RESEARCH TIME, AND THE LAWYER WHO NEGOTIATES AN OUT-OF-COURT SETTLEMENT IS PENALIZED. ITEMIZED PER-HOUR BILLS SHOULD BE SUBMITTED AND THE CURRENT AWARDING OF LUMP SUM PAYMENTS SHOULD BE DISCOURAGED. THE PROS AND CONS OF A PUBLIC DEFENDER SYSTEM ARE DEBATED; THIS MAY BE THE MOST COST-EFFECTIVE SYSTEM IN THE LONG RUN, BUT IT MUST BE COMPLETELY FREE OF POLITICS TO BE EFFECTIVE. COST ESTIMATES, STUDY DATA, AND A BIBLIOGRAPHY ARE APPENDED. (GLR)