U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bureau of Justice Statistics Selected Finding Indigent Defense February 1996, NCJ-158909 Full text with tables available from: Bureau of Justice Statistics Clearinghouse 800-732-3277 Box 179 Annapolis Junction, MD. 20701-0179 FAX Number (for report orders and mail list signup only): 410-792-4358 U.S. Department of Justice Office of Justice Programs ----------- Highlights ----------- *States and localities use several methods for delivering indigent defense services: public defender programs, assigned counsel, and contract attorney systems. *Twenty-eight percent of State court prosecutors reported that their jurisdictions used public defender programs exclusively to provide indigent counsel. *In 1990 State and local governments spent approximately $1.3 billion on public defenders services. In 1979 this figure was about $300 million. *About three-fourths of the inmates in State prisons and about half of those in Federal prisons received publicly-provided legal counsel for the offense for which they were serving time. *In 1992 about 80% of defendants charged with felonies in the Nation's 75 largest counties relied on a public defender or on assigned counsel for legal representation. *Little current information is available regarding the workload, staffing, procedures, or policies for indigent defense services across the Nation. ----------------- Indigent Defense ------------------ By Steven K. Smith Carol J. DeFrances BJS Statisticians Court-appointed legal representation for indigent criminal defendants plays a critical role in the Nation's criminal justice system. In 1991 about three-quarters of State prison inmates and half of Federal prison inmates reported that they had a court-appointed lawyer to represent them for the offense for which they were serving time. In 1989, nearly 80% of local jail inmates indicated that they were assigned an attorney to represent them for the charges on which they were being held. This report presents selected findings drawn from Bureau of Justice Statistics (BJS) surveys containing information related to indigent defense for criminal defendants. ------------------------- Types of delivery systems -------------------------- Although the U.S. Supreme Court has mandated that the States must provide counsel for indigents accused of crime, the implementation of how such services are to be provided has not been specified. The States have devised various systems, rules for organizing, and funding mechanisms for indigent defense programs. As a consequence, each State has adopted its own approach for providing counsel for poor defendants. Three systems have emerged throughout the country as the primary means to provide defense services for indigent defendants. Public defender programs are public or private nonprofit organizations with full-or part-time salaried staff. Local public defenders operate autonomously and do not have a central administrator. By contrast, under a statewide system, an individual appointed by the governor, a commission, council, or board is charged with developing and maintaining a system of representation for each county of the State. In 30 States a public defender system is the primary method used to provide indigent counsel for criminal defendants. (For a more detailed description see Statewide Defender Programs: The Lay of the Land, National Legal Aid and Defender Association, 1992.) Assigned counsel systems involve the appointment by the courts of private attorneys as needed from a list of available attorneys. Assigned counsel systems consist of two types. Ad hoc assigned counsel systems are those in which individual private attorneys are appointed by an individual judge to provide representation on a case-by-case basis. Coordinated assigned counsel systems employ an administrator to oversee the appointment of counsel and to develop a set of standards and guidelines for program administration. Contract attorney systems involve governmental units that reach agreements with private attorneys, bar associations, or private law firms to provide indigent services for a specified dollar amount and for a specified time period. -------------- Legal mandate -------------- The sixth amendment to the U.S. Constitution establishes the right to counsel in Federal criminal prosecution. Through a series of cases, the U.S. Supreme Court has extended the right to counsel for indigent defendants to State criminal prosecution. A landmark decision was made in 1963 when the Court held in Gideon v. Wainwright Gideon v. Wainwright 372 U.S. 335 [1963]) that a defendant charged with a felony, including state crimes, had the right to counsel. Almost ten years later, Argersinger v. Hamlin (Argersinger v. Hamilin 407 U.S. 25 [1972]) extended an indigent's right to counsel to all criminal prosecutions, felony or misdemeanor, which carry a sentence of imprisonment. --------------------------- Federal Defender Services --------------------------- The Federal justice system provides indigent defense to eligible defendants through the Federal Defender Services, community defender organizations, and private attorneys as established by the Criminal Justice Act of 1964, as amended. For more detailed information see, Federal Defender Services: A Status Report, Administrative Office of the U.S. Courts, 1993. ----------------------------------------------- Use of different types of counsel for indigent defense ---------------------------------------------- Traditionally, assigned counsel systems and public defenders have been the primary means to provide legal representation to the poor. In 1992, 64% of State court prosecutors' offices nationwide reported a public defender program in their jurisdiction and 58% indicated an assigned counsel system. In 1992, 25% of prosecutors' offices indicated that their district contracted with law firms, private attorneys, or local bar associations to provide services to indigent offenders. In 1992 virtually all of the State court prosecutors' offices nationwide (98%) had some felony cases in which an indigent defendant was provided an attorney. A majority of prosecutors' offices (59%) reported only one method was used in their jurisdiction to provide services to poor offenders. Among all prosecutorial districts, a public defender program was used exclusively in 28%, an assigned counsel system in 23%, and a contract attorney system in 8%. Forty-one percent of the prosecutors' offices reported a combination of methods were used in their jurisdiction. The most prevalent was a combination of an assigned counsel system and a public defender program reported by 23% of the offices. In the Nation's 75 largest counties, 43% of the State court prosecutors' offices reported both an assigned counsel system and a public defender program operating in their jurisdiction. ----------------------------------------------- State and local expenditures for public defense ----------------------------------------------- In 1979 State and local governments spent more than $350 million to provide legal counsel to indigent defendants. This included expenditures for civil litigation. In 1990, State and local governments spent an estimated $1.3 billion for these services. In constant 1990 dollars, the State and local expenditures doubled for public defense from 1979 to 1990. In 1979, State-level expenditures represented about 36% of the overall spending for public defense. In 1990, State contribution accounted for 45% of the State and local total. ---------------------------------------------- Type of legal representation reported by prison and jail inmates ---------------------------------------------- State prison inmates ----------------------- Ninety-seven percent of inmates in State correctional facilities reported that they had an attorney to represent them for the offense for which they were incarcerated. Seventy-six percent of those who had an attorney were represented by a public defender or assigned counsel. Counsel assigned by the court may include legal representation provided by a public agency or by private attorneys whom the court pays. Among those represented by counsel, 79% of black State prison inmates reported they had been represented by an assigned attorney. Among white State prison inmates, 73% said they had been represented by an assigned attorney. Among State prison inmates incarcerated for property offenses, 85% had in assigned counsel; for violent offenses, 74%; and for drug offenses, 70% . Federal prison inmates --------------------------- Ninety-nine percent of Federal inmates reported that they were represented by counsel. Forty-three percent of those who had an attorney, hired private counsel. Nearly 50% of white Federal inmates hired private counsel, as did 33% of black Federal inmates. Almost two-thirds of black Federal inmates were assigned counsel by the court. Overall, among those Federal inmates serving time for violent offenses, 72% had court assigned counsel; for property offenses, 53%; and for drug offenses, 48%. Local jail inmates ------------------ Eighty-three percent of jail inmates said they had a lawyer to represent them for the offense for which they were being held. Among those who had legal representation, about three-fourths had assigned counsel. About three-fourths of those in jail for a drug or violent offense relied on assigned counsel. Among those charged with property offenses, 85% had assigned counsel. About two-thirds of those jail inmates with hired counsel said they first met with their attorney either before admission or during the first week after admission. ------------------ Felony defendants ------------------ The BJS State Court Processing Statistics program collects data on a sample of felony defendants in State courts in the Nation's 75 largest counties. Data from 1992 indicated that about 80% of the felony defendants relied on a public defender or on assigned counsel for legal representation --------------------------------- Sources and methodological notes --------------------------------- Findings are drawn from BJS surveys: the Survey of Inmates in Local Jails, 1989; the Survey of Inmates in State Correctional Facilities, 1991; and the Survey of Inmates in Federal Correctional Facilities, 1991. Respondents in State and Federal correctional facilities and in local jails were asked "Did you have a lawyer for any of the offenses?" and if so, "Did you hire your own lawyer or was one assigned by the court?" Respondents in local jails were asked "When did you first talk to a lawyer about the charge?" Data on felony defendants in the Nation's 75 largest counties in table 8 were obtained from the State Court Processing Statistics program. This series tracks felony defendants through the criminal justice system including type of legal representation the defendant had at adjudication. In 1992 National Survey of State Court Prosecutors asked "Were any felony defendants in your districts provided an attorney on grounds of indigency?" and if so, "Which type of defense delivery system was used?" ----------------------------------------------- The Bureau of Justice Statistics is the statistical arm of the U.S. Department of Justice. Jan M. Chaiken, Ph.D., is director. BJS Selected Findings summarize statistics about a topic of current concern from both BJS and non-BJS datasets. Priscilla Middleton and Tom Hester edited the report. Tracy Snell provided statistical review. February 1996, NCJ-158909 ********************************** END OF FILE