Return
to the Table of Contents
|
|
Volume 21, No. 4, July 1999
|
| Colorado |
|
No. of Counties: 63
|
The state-funded Colorado State Public Defender provides representation
to indigent defendants in Colorado from its regional trial offices and
central appellate office. Conflict of interest cases are handled by appointed
counsel who qualify for inclusion on the list of eligible attorneys maintained
by the state-funded Alternate Defense Counsel, which is a separate organization
that pays private court appointed counsel in these cases. All funds for
indigent defense in Colorado are state funds.
| Connecticut |
|
No. of Counties: 8
|
The state-funded Connecticut State Public Defender and Special Public Defenders (SPDs) - private attorneys who contract with the public defender to handle conflict and overload cases - provide virtually all indigent defense representation in Connecticut. The Public Defender has regional offices throughout the state.
There is a capital trial level division and an appellate division. All
funds for indigent defense in Connecticut come from the state.
| Delaware |
|
No. of Counties: 3
|
The Delaware State Public Defender represents all indigent defendants
in trial and appellate cases. The Public Defender has regional offices
throughout the state, and the state pays all expenditures for indigent
defense. Conflict cases are primarily handled by a pool of six private
attorneys who contract with the state to handle conflict cases. The annual,
flat-fee contracts are for $41,000 (per attorney), not including work on
capital and non-capital murder cases, which usually adds another $20,000
per year. The contract program is administered by a circuit court judge,
who selects the contract attorneys.
| Florida |
|
No. of Counties: 67
|
Florida has 20 publicly elected circuit public defenders serving the state's twenty judicial districts. Additionally, there are five appellate defender programs that represent indigent clients in Florida's five courts of appeal. In Florida, public defender salaries are funded by the state while the counties are responsible for funding public defender overhead expenses (office space, utilities, telephone, etc.) and the cost of court-appointed counsel in conflict cases. Although each public defender must develop an individual budget for his or her office, the twenty circuit defenders have formed the Florida Public Defender Association (FPDA), an organization that allows the public defenders to work together to seek state appropriations for indigent defense services statewide.
The state also funds the Capital Collateral Representative (CCR), a statewide entity that represents indigent inmates in capital post-conviction proceedings in state and federal court. Originally one program located in Tallahassee, in October of 1997, the CCR was split into three independent entities covering Florida's northern, central and southern regions.
In addition to state and county funds, Florida began collecting a public
defender application fee from indigent defendants beginning in January
of 1997. Any accused person or legal guardian of an accused minor who files
an affidavit declaring indigency and requesting representation by a public
defender must pay a $40 fee at the time the affidavit is filed. Fees collected
are deposited into the Indigent Criminal Defense Trust Fund and are to
be used to supplement the state appropriation for public defenders.
| Indiana |
|
No. of Counties: 92
|
Prior to 1992, the only state funding for indigent defense in Indiana supported the Public Defender of Indiana, a state-wide entity that represents indigent defendants in direct appeals and state post-conviction proceedings. In 1992, the state appropriated funding for the Indiana Public Defender Commission (IPDC) to help defray the cost of providing indigent defense services in capital cases among those counties which meet the Indiana Supreme Court's standards in Criminal Rule 24. In 1995, the IPDC received additional state funds and issued standards for non-capital cases. Counties that enforce commission standards are reimbursed by the IPDC for 40% of the cost of representing indigent defendants in non-capital felony cases and 50% of the cost of attorney’s fees, as well as expert, investigative and support services, in capital cases.
State funds also support the Indiana Public Defender Council, a state
agency that produces training manuals, publications, a monthly newsletter
and provides information in an electronic format to indigent defense practitioners.
They also handle all state post-conviction capital and non-capital and
direct appeals if requested by the counties.
| Iowa |
|
No. of Counties: 99
|
In Iowa, since 1989, the state has assumed the entire cost of providing
indigent defense services, replacing counties as the primary providers.
The move coincided with the creation of a state-funded, unified court system.
The state public defender oversees all indigent defense payments, including
those for staff offices (there are 17 trial-level offices throughout the
state), attorneys working under contract with the public defender and attorneys
who accept court-appointed cases. There is also a separate appellate division
within the statewide organization. Iowa does not have the death penalty.
| Kansas |
|
No. of Counties: 15
|
The state-funded Kansas Board of Indigents Defense Services (BIDS) is responsible for all indigent defendant felony and appeal cases, while the state’s counties retain responsibility for funding and providing counsel for misdemeanor and juvenile cases. BIDS maintains regional offices throughout the state, while misdemeanor and juvenile representation is provided by county contract defenders and assigned counsel.
The Kansas Board of Indigent Defense Services was allocated $13,798,232
for its FY 1999 budget. This is a $131,436 reduction from its FY 1998 budget
($13,949,668). The Board hopes to secure a supplemental appropriation during
the next legislative session.
| Massachusetts |
|
No. of Counties: 14
|
Massachusetts’ state-funded Committee for Public Counsel Services (CPCS) oversees the statewide indigent defense system. The public defender division handles serious felony trial and direct appeal cases, and has offices in each of the state’s counties. All misdemeanor cases and most juvenile delinquency cases are handled through CPCS-administered contracts with county bar advocate programs which utilize private assigned counsel.
Massachusetts has a $100 administrative fee, which is administered by
local probation departments. The money collected , along with that produced
by recoupment, reverts back to the General Fund.
| Minnesota |
|
No. of Counties: 87
|
All indigent defense services in Minnesota are state funded and under
the supervision of the Board of Public Defense, established statewide a
number of years ago. Each judicial district in Minnesota has a regional
state office and the District Defender is appointed by the Board as is
the State Public Defender. The state agency also maintains an appellate
division. There is no death penalty in Minnesota.
| Missouri |
|
No. of Counties: 114
|
The state-funded Missouri State Public Defender system provides representation
to indigent defendants in all criminal cases. The State Public Defender
has three divisions that provide representation to indigent defendants
at trial, appeals and in capital proceedings. The Public Defender maintains
35 regional offices to handle trial cases throughout the state and three
appellate offices. There is also a statewide capital trial unit within
the system.
| New Jersey |
|
No. of Counties: 21
|
The state-funded New Jersey State Public Defender is a statewide program which is responsible for all indictable felony offenses and juvenile delinquency cases in New Jersey's thirteen county-based superior courts, along with direct appeals from these cases. The Public Defender maintains regional offices covering each of New Jersey’s 21 counties, and uses the revenue collected by a $50 up-front fee to offset the cost of providing indigent defense services.
Until recently, the state’s counties were responsible for providing
counsel to indigent defendants at the municipal level in misdemeanor cases.
Despite a state supreme court decision in which the court held that attorneys
representing indigent defendants in municipal court are not entitled to
compensation, Madden v. Delran Twp., 126 N.J. 591 (1992), in 1997,
legislation established a funding mechanism for those municipal courts
which did not employ a municipal public defender. The legislation authorizes
the collection of a waivable application fee of up to $200, payable over
a four-month period, for individuals seeking the services of a municipal
public defender. Funds collected through the application fee are deposited
in a dedicated fund to be used exclusively to meet all costs incurred in
providing indigent defense services at the municipal court level, including
the cost of expert investigation and testimony.
| New Mexico |
|
No. of Counties: 33
|
New Mexico's state-funded Public Defender Department provides primary
representation in trial and appellate cases throughout the state. Approximately
half of the state's counties (the more populous ones) are served by one
of the State Public Defender Department's regional trial offices; private
attorneys who contract with the Department represent indigent defendants
in the remaining counties. There is a separate appeals division in the
Public Defender Department.
| North Carolina |
|
No. of Counties: 100
|
In North Carolina, the state pays for all indigent defense expenditures.
Trial level representation is provided at the local level; each county
has the responsibility of organizing its system. A handful of the state’s
100 counties employ the public defender model while the rest use assigned
counsel or contract defenders. Appellate representation is provided by
the State Appellate Defender.
| Ohio |
|
No. of Counties: 88
|
The Ohio Public Defender Commission provides direct representation in most direct appeal and state post-conviction cases. The Commission also oversees the delivery of non-capital trial level services throughout the state. Ohio’s counties may select their own delivery model (public defender, assigned counsel or contract), and those counties which comply with the Commission’s standards are eligible for partial reimbursement for expenditures in connection with these services.
Ohio's indigent defense system is funded through a combination of county
and state monies. As mentioned above, the state-funded Public Defender
Commission reimburses counties up to 50% of their expenditure, but the
rate of reimbursement fluctuates each year, depending on the Commission's
budget. Generally, it is between 40% and 50% of the amount paid by the
county. This program is supported in large measure by an $11 assessment
on all criminal convictions other than minor traffic offenses; the assessment
is added to the bail premium of all defendants who post bond or at the
disposition of the case if no bail is posted. Capital cases are handled
by county public defenders or appointed counsel at trial and the Commission
handles capital cases at the direct appeal and post-conviction level.
| Oklahoma |
|
No. of Counties: 7
|
In Oklahoma's two largest counties, Tulsa and Oklahoma (Oklahoma City), the counties fund indigent defense services at the trial and direct appeal levels. Both counties have full-time public defender offices.
In 1991, the Oklahoma legislature created and funded a new state agency for providing indigent defense services, the Oklahoma Indigent Defense System (OIDS). OIDS, with its five-member Board of Directors, is responsible for providing indigent defense services in 74 of Oklahoma’s 77 counties. OIDS has separate, staffed capital trial, capital direct appeal, non-capital direct appeal and capital state post-conviction divisions. The majority of non-capital trial cases are handled by attorneys working under contract with OIDS.
Following the 1997 legislative session, OIDS opened three non-capital
trial satellite offices, and, in the 1998 legislative session, received
funds to expand one of the three offices.
| Tennessee |
|
No. of Counties: 95
|
In Tennessee, with the exception of Shelby County (Nashville) and Davidson
County (Memphis), which have their own respective county public defender
offices funded through a combination of state and local monies, the state
funds indigent defense and each judicial district has an independently
elected public defender. The Tennessee District Public Defenders Conference
oversees the delivery of indigent defense services throughout the state.
Another program, the Office of the Post-Conviction Defender, represents
indigent defendants convicted of capital offenses who are seeking state
post-conviction relief.
| Virginia |
|
No. of Counties: 95
|
In Virginia, where the state fully funds indigent defense; trial and appellate representation is provided either by attorneys from 20 regional public defender offices (serving about one-third of the state) or by appointed counsel, who handle conflicts from the public defender offices and cases filed in the other counties of the state.
In Virginia there is a Public Defender Commission which maintains data
and oversees the regional public defender offices.
| West Virginia |
|
No. of Counties: 55
|
In West Virginia, 100% of the statewide indigent defense funding comes
from a general-fund appropriation. Since 1989, West Virginia Public Defender
Services (PDS) has administered, coordinated and evaluated local indigent
defense programs in the state's 31 judicial districts. PDS also provides
training and technical assistance to indigent defense providers and operates
an appellate division to represent indigent defendants in appellate cases
in the supreme court. The Executive Director of PDS is authorized to make
grants to and contract with public defender corporations in those judicial
districts in which the chief judge and/or the majority of active local
bar members has determined a need for a public defender office. Currently,
23 of West Virginia's 55 counties are served by 15 public defender corporations.
The remaining 32 counties rely solely on assigned counsel to provided representation
to indigent defendants.
| Wisconsin |
|
No. of Counties: 72
|
All indigent defense funds are state funded in Wisconsin and administered by the Wisconsin State Public Defender System through a number of regional offices. There is also an appellate division for the system. Wisconsin does not have the death penalty.