NCJ Number
57203
Date Published
1978
Length
60 pages
Annotation
PRELIMINARY FINDINGS ARE REPORTED FROM AN ASSESSMENT OF THE KANSAS DEFENSE SYSTEM FOR INDIGENT DEFENDANTS FOR THE PURPOSE OF IMPROVING THE DELIVERY OF DEFENSE SERVICES.
Abstract
THE TECHNICAL ASSISTANCE PROJECT, WHOSE PRELIMINARY FINDINGS ARE REPORTED HERE, IS DESIGNED TO FULFILL THE FOLLOWING OBJECTIVES: (1) DETERMINE WHETHER THERE IS A NEED TO IMPROVE PRESENT MECHANISMS FOR PROVIDING COUNSEL TO INDIGENTS ACCUSED OF FELONIES, (2) DESIGN ONE OR MORE SYSTEMS TO IMPROVE REPRESENTATION, AND (3) ANALYZE CURRENT AND PROJECTED COSTS. SIX QUESTIONNAIRES WERE DEVELOPED TO SURVEY KEY PERSONS IN THE KANSAS CRIMINAL JUSTICE SYSTEM, INCLUDING JUDGES, ASSIGNED COUNSEL ADMINISTRATORS, CLERKS OF COURT, COUNTY OR DISTRICT ATTORNEYS, COUNTY AUDITORS, AND PUBLIC DEFENDERS. QUESTIONNAIRES WERE DISTRIBUTED IN 1977. OVER 50 INTERVIEWS ALSO WERE CONDUCTED IN 9 JURISDICTIONS. SURVEY RESULTS INDICATE THAT (1) THERE IS A NEED FOR AN ORGANIZED DEFENSE SYSTEM IN KANSAS; (2) THE QUALITY AND EFFECTIVENESS OF THE EXISTING MECHANISMS FOR ASSIGNING DEFENSE COUNSEL ARE UNEVEN AMONG THE 29 JUDICIAL DISTRICTS; (3) VARIATIONS IN RATES OF INDIGENCY INDICATE LACK OF STATEWIDE CRITERIA TO DETERMINE INDIGENCY; (4) WITH THE EXCEPTION OF ONE COUNTY, DEFENSE COUNSEL IS NOT ASSIGNED SUFFICIENTLY EARLY TO MEET MINIMUM STANDARDS; AND (5) DEFENSE COUNSEL DOES NOT ROUTINELY CONFER WITH CLIENTS IN JAIL. FURTHER FINDINGS ARE PRESENTED. THE REPORT ALSO DETERMINED THAT SEVERAL ALTERNATIVES EXIST FOR IMPROVING INDIGENT REPRESENTATION AT THE TRIAL LEVEL. THESE ALTERNATIVES ARE UNDER REVIEW. THE APPENDIXES PROVIDE TABULAR DATA, MATERIALS USED IN THE SURVEY, AND INTERVIEWS. (RCB)