NCJ Number
63222
Date Published
1979
Length
55 pages
Annotation
INFORMATION ON THE ACTIVITIES AND ORGANIZATION OF THE MARYLAND PUBLIC DEFENDER'S OFFICE AND ITS 12 DISTRICTS DURING FISCAL 1979 ARE PRESENTED.
Abstract
ESTABLISHED IN 1971, THE PUBLIC DEFENDER SYSTEM IS RESPONSIBLE FOR REPRESENTING THE INDIGENT ACCUSED IN STATE CRIMINAL AND JUVENILE PROCEEDINGS. THE PUBLIC DEFENDER MAY REPRESENT AN ELIGIBLE INDIGENT IN A FEDERAL COURT UNDER CERTAIN CIRCUMSTANCES, BUT THE EXPENSES MUST BE ASSUMED BY THE FEDERAL GOVERNMENT. BEGINNING IN FISCAL 1980, THE OFFICE'S OPERATIONS HAVE BEEN DIVIDED INTO FOUR PROGRAMS IN ORDER TO UPGRADE SERVICES AND IMPROVE FISCAL CONTROLS: (1) GENERAL ADMINISTRATION, (2) DISTRICT OFFICES, (3) APPELLATE AND INMATE SERVICES, AND (4) INVOLUNTARY INSTITUTIONALIZATION SERVICES FOR INDIGENTS IN MENTAL INSTITUTIONS. PUBLIC DEFENDERS ARE REQUIRED TO COLLECT PAYMENT FROM DEFENDANTS WHO HAVE SOME FINANCIAL MEANS, BUT RECENT COURT DECISION INDICATE THAT ELIGIBILITY FOR REPRESENTATION SHOULD BE BASED ON CLIENTS' FINANCIAL STATUS AT THE TIME OF ARREST AND/OR PLACING OF CHARGES, REGARDLESS OF EARNING CAPACITY. THE APPELLATE DIVISION, WHICH PUBLISHES THE PUBLIC DEFENDER LAW LETTER, HAD A SIGNIFICANTLY INCREASED CASELOAD IN 1979 BECAUSE OF THE GROWING NUMBER OF CRIMINAL CASES AND THE CHANGES IN APPEAL CRITERIA ON INSANITY PLEAS. THE INMATE SERVICES DIVISION REPRESENTS INDIGENT INMATES IN ALL TYPES OF HEARINGS AND HANDLES MISCELLANEOUS MATTERS SUCH AS EXTRADITION. IT HAS BEEN SUCCESSFUL IN WINNING NEW TRIALS FOR MANY CONVICTED DEFENDANTS BASED ON CONSTITUTIONAL RIGHTS THAT ARE NOT RECOGNIZED AT THE ORIGINAL TRIAL. SINCE 1975, THE MENTAL HEALTH DIVISION HAS REPRESENTED INDIGENT CLIENTS INVOLUNTARILY CONFINED TO A STATE MENTAL HEALTH FACILITY IN CIVIL AND CRIMINAL CASES. STATISTICS ON STAFF AND CASELOADS ARE PROVIDED FOR THE APPELLATE, INMATE, AND MENTAL HEALTH SERVICES, AS WELL AS THE 12 INDIVIDUAL DISTRICTS. THE BUDGET FOR THE OFFICE OF THE PUBLIC DEFENDER, A SUMMARY OF PERSONNEL ALLOCATIONS, AND WORKLOAD DISTRIBUTION ARE APPENDED. CHARTS CONTAIN DATA ON CHARGES, CASE DISPOSITIONS, AND DEFENDANT CHARACTERISTICS FOR THE DISTRICT, CIRCUIT, AND JUVENILE COURTS. (MJM)