NEW MEXICO - COMPREHENSIVE PLAN FOR PROVISION OF DEFENSE COUNSEL FOR INDIGENT ACCUSED IN THE STATE - CRIMINAL COURTS TECHNICAL ASSISTANCE PROJECT

• NCJ Number: 39825
• Author(s): A BOWMAN; R A GREEN; P J HUGHES
• Date Published: Unknown
• Length: 30 pages
• Contract Number(s): J-LEAA-043-72
• Sponsoring Agency: US Dept of Justice
• Corporate Author: American University
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

ANALYSIS OF THE ADEQUACY OF COUNSEL PROVIDED BY A PILOT PUBLIC DEFENDER PROGRAM, THE ADVANTAGES AND DISADVANTAGES OF ASSIGNED COUNSEL AND CONTRACT COUNSEL, AND THE NEED FOR A STATEWIDE PUBLIC DEFENDER PROGRAM.

Abstract

ON-SITE VISITS TO THE PILOT PROGRAM LED TO THE CONCLUSION THAT BOTH CONTRACT DEFENDERS WERE PROVIDING EFFECTIVE DEFENSE SERVICES. HOWEVER, THE PART-TIME NATURE OF THEIR EMPLOYMENT AND THE FACT THAT DEFENDERS DO NOT ENTER A CASE UNTIL AFTER FORMAL APPOINTMENT WERE CITED AS PROBLEMS. A REVIEW OF EXISTING PRACTICES INDICATED THAT THE QUALITY OF APPOINTED COUNSEL REPRESENTATION WAS BEING JEOPARDIZED BY INADEQUATE COMPENSATION RATES. OTHER ADVANTAGES OF A PUBLIC DEFENDER SYSTEM DISCUSSED ARE THE PROVISION OF EFFECTIVE LEGAL REPRESENTATION AT ALL LEVELS OF THE JUDICIAL PROCESS, WIDESPREAD GEOGRAPHIC AVAILABILITY OF INDIGENT DEFENSE COUNSEL, AND THE POTENTIAL FOR TRAINING AND CLOSE SUPERVISION OF YOUNG LAWYERS. A COMPREHENSIVE STATEWIDE PUBLIC DEFENDER SYSTEM IS RECOMMENDED TO PROVIDE INDIGENT DEFENSE SERVICES CONSISTENT WITH THE SIXTH AMENDMENT. THE STATE DEFENDER WOULD BE SELECTED BY A COMMISSION OF LAWYERS, JUDGES, AND JUDICIAL OFFICERS. HE WOULD BE A FULL-TIME EMPLOYEE AND HIS STAFF WOULD BE SUPPORTED THIRTEEN REGIONAL PUBLIC DEFENDER OFFICES. STAFFING STRUCTURES AND POSITIONS ARE OUTLINED....ELW