NCJ Number
91078
Date Published
1983
Length
24 pages
Annotation
This description of the Danish public defender system covers the appointment of a public defender, the rights of the defender, costs, and the quality of public defender services.
Abstract
Normally, the appointed defender comes from the circle of assigned counsel, which is elected by the Ministry of Justice upon application by the attorneys themselves. Mandatory appointment of a defender is required in all cases where the accused is indicted by the district attorney (i.e., normally cases where the maximum statutory penalty includes imprisonment). When a defender appointment is not mandatory, the court may use its discretion to appoint a defender should circumstances warrant it. Defenders have the rights to (1) full discovery and access to any knowledge and material relating to the case, (2) unrestricted communication with the client, (3) request that police pursue certain matters in an investigation, (4) comment and cross examination during the trial, and (5) participation in any plea bargaining. The appointed defender is entitled to remuneration from the treasury, with the size of the remuneration being fixed by the appointing court as part of the judgment or as a separate order. In a traditional criminal case, the defender is paid about $50-$55 per hour, including time spent in preparing the case. While a high quality of defender services is not guaranteed under the existing system, the screening associated with the appointing of defenders and various procedures for monitoring their performance makes it probable that representation will be competent.