NCJ Number
66927
Date Published
1980
Length
65 pages
Annotation
THE CRIMINAL DEFENSE TECHNICAL ASSISTANCE PROJECT'S ASSESSMENT OF THE COST OF CRIMINAL DEFENSE SERVICES TO WEST VIRGINIA INDIGENTS AND RECOMMENDATIONS RELATING TO PROPOSED DEFENSE SERVICES LEGISLATION ARE PRESENTED.
Abstract
THE ASSESSMENT, REQUESTED BY THE WEST VIRGINIA STATE BAR, IS BASED ON CASELOAD AND COST DATA ANALYSIS AND ON INFORMATION GATHERED FROM OFFICIAL IN WEST VIRGINIA. THE DEVELOPMENT OF A STATEWIDE PUBLIC DEFENDER SYSTEM HAS BEEN UNDER CONSIDERATION FOR 7 YEARS. NOW THAT THE COSTS OF THE AD HOC ASSIGNED COUNSEL APPROACH HAVE INCREASED DRAMATICALLY, SUPPORT HAS BEEN RENEWED FOR THE CENTRALIZED PUBLIC DEFENDER SYSTEM PROPOSED IN THE CURRENT LEGISLATION. THE CURRENT SYSTEM SUFFERS FROM FAILURE TO SECURE ASSIGNED COUNSEL, SLOW REIMBURSEMENT FOR ATTORNEY FEES, LITTLE ATTEMPT TO TEST FOR CLIENT ELIGIBILITY OR ABILITY TO MAKE PARTIAL PAYMENT, AND A HIGH RATE OF WAIVERS OF COUNSEL BY INDIGENT DEFENDANTS. THE COST OF THE CURRENT ASSIGNED COUNSEL SYSTEM IS APPROXIMATELY $2 MILLION. THE PROPOSED LEGISLATION PROVIDES FOR A FULL-TIME PUBLIC DEFENDER AND STAFF TO ADMINISTER AND PROVIDE THE STATEWIDE DELIVERY OF LEGAL REPRESENTATION TO INDIGENT DEFENDANTS. THE BILL ENVISIONS A MIXED SYSTEM INVOLVING THE PRIVATE BAR AND FULL-TIME AND PART-TIME PUBLIC DEFENDERS. ANTICIPATED BENEFITS OF THE PROPOSED SYSTEM INCLUDE CENTRALIZED ADMINISTRATION, CONTROLLED COSTS, IMPROVED SERVICES, AND INCREASED INDEPENDENCE FROM THE JUDICIARY. THE PROJECTED COSTS FOR THE PROPOSED SYSTEM IS $2,394,650, WHICH INCLUDES $110,000 FOR INITIAL EQUIPMENT COSTS. THE PROPOSED SYSTEM SHOULD BE PHASED IN DURING A 12-MONTH PERIOD. THE COST FOR THIS PERIOD WILL EQUAL THE COST OF A FULLY OPERATIONAL SYSTEM. FOOTNOTES, TABLES, AND AN APPENDIX PRESENTING PROPOSED LEGISLATION ARE PROVIDED. (LWM)