U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics State-Funded Indigent Defense Services, 1999 September 2001, NCJ 188464 Revised 10/01/01 --------------------------------------------------------- This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.wk1) and the full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/sfids.htm --------------------------------------------------------- By Carol J. DeFrances, Ph.D. BJS Statistician --------------------------------------------------------- Highlights * In 1999, 21 State governments funded virtually all indigent criminal defense services; 20 States had a combination of State and county funds; and 9 States relied solely on county funds. * The 21 States, accounting for 27% of the U.S. population, spent $662 million on indigent criminal defense services in 1999, more than double the total amount in 1982 in constant dollars. * Public defender programs -- 19 of the 21 States funded public defender programs. Over 726,000 criminal cases were received by the public defender programs in the 17 States reporting criminal caseload data. * Assigned counsel programs -- 19 States provided indigent defense services through assigned counsel programs. Ten States maintained a roster of private attorneys who could be appointed to represent indigent criminal defendants. Five of the ten States had formal procedures for removing attorneys from the roster. * Contract attorney programs -- 11 States funded contract attorney programs. Contracts were administered to public defender offices, law firms, individual solo practitioners, nonprofit organizations, or groups of private attorneys or law firms. Five States reported competitively bidding for indigent criminal defense services. ----------------------------------- In 1999 State governments provided 90% or more of the funding for indigent criminal defense services in 21 States, an increase of 4 States since 1982. In 11 of these States, the State government provided 100% of the funding for indigent criminal defense services. Of the remaining 10 States with State- funded programs, 7 indicated also receiving some Federal money to fund indigent defense services; 3 States reported support from foundation grants or client co-pays and collections; and 1 State indicated its largest county used a portion of its own money to fund indigent criminal defense services. ***Footnote 1: Information for Maryland was taken from the website for the Maryland Manual at http://www.mdarchives.state.md. us>.*** This report presents findings from data collected as part of the National Survey of Indigent Defense Systems (NSIDS). The Bureau of Justice Statistics (BJS) with funding from the Bureau of Justice Assistance conducted NSIDS in 1999-2000. A previous report described indigent criminal defense services in the Nation's 100 most populous counties.***Footnote 2: Indigent Defense Services in Large Counties, 1999, BJS Bulletin, November 2000, NCJ 184932.*** This report examines the characteristics and operations of State-funded indigent defense systems. State-level information is reported for the 21 States where virtually all of the funding for indigent criminal defense services at the trial level comes from the State government.***Footnote 3: In 1999 county governments in nine States (Arizona, California, Idaho, Illinois, Michigan, Pennsylvania, South Dakota, Texas, and Utah) entirely funded indigent criminal defense services. In the remaining 41 States indigent defense received partial funding (20) or virtually all funding (21) from State governments. See Improving Criminal Justice Systems. Through Expanded Strategies and Innovative Collaborations: Report of the National Symposium on Indigent Defense, Office of Justice Programs, March 2000, NCJ 181344, Appendix 6, at *** The decentralized nature and diverse ways of delivering indigent defense services make collecting information nationwide difficult. Because of their more centralized and uniform nature, information on State-funded systems is easier to obtain. The 21 States examined in this report provide the most comprehensive State-level information collected on indigent criminal defense services since the 1980's.***Footnote 4: National Criminal Defense Systems Study, BJS, September 1986, NCJ 94702, and Criminal Defense for the Poor, 1986, BJS Bulletin, September 1988, NCJ 112919.*** The 21 States included in this report accounted for 27% of the U.S. population in 1999 and 25% of Part 1 Uniform Crime Report (UCR) offenses reported to the police in 1999. ***Footnote 5: The 1999 State population estimates were taken from Part 1 UCR offense reported to the police were taken from Crime in the United States: 1999, FBI, table 4.*** These 21 States make up the largest single category of funding sources for trial-level indigent criminal defense services. Although each of the 21 State governments funded indigent criminal defense services, the 21 States delivered these services in a variety of ways (box on page 3). For example, Maine delivered the majority of its indigent criminal defense services through an assigned counsel program. Oregon primarily used a system of awarded contracts. Minnesota and New Mexico did not have assigned counsel programs but instead relied on statewide public defender programs and contract attorney programs. Even within specific program types, the organization of the programs varied. For example, 16 of the 19 States with public defender programs had statewide systems that delivered indigent criminal defense services through local branches or offices. Typically, one chief or state public defender had oversight for the entire program. In the remaining three States, the State government provided the funding but the public defender programs were locally established. Counties or judicial districts within the State operated separate public defender programs, with each program headed by a chief public defender.***Footnote 6: This information is from a review of the statutes for the 19 States and from Improving Criminal Justice Systems Through Expanded Strategies and Innovative Collaborations: Report of the National Symposium on Indigent Defense, Office of Justice Programs, March 2000, NCJ 181344, Appendices 6 and 7, at .*** Expenditures for indigent criminal defense services In 1982 the 21 States included in this report spent an estimated $251 million (in 1999 dollars) on all indigent defense services. In 1999 these same 21 States had indigent criminal defense expenditures of approximately $662 million, almost 3 times the 1982 total amount. New Jersey, the most populous of the 21 States, spent the most ($73 million) on indigent criminal defense services while Vermont, the smallest of the 21 States, spent the least ($6 million). In terms of per capita spending, Alaska spent the most ($19) and Missouri the least ($5). All 21 States expcept Maine and Oregon expended funds for some form of a public defender programs. Most States (19) also supported assigned counsel programs. Eleven States indicated expenditures for contract attorney programs. ----------------------------------------- Types of indigent defense services Three primary ways of providing indigent defense services have emerged throughout the Nation. States and localities use these methods of delivering indigent defense services either singly or in combination. This report uses the following categories to describe indigent criminal defense services. Individual State programs may use slightly different terminology. Public defender -- A salaried staff of full-time or part-time attorneys that renders indigent criminal defense services through a public or private nonprofit organization, or as direct government paid employees. Assigned counsel -- The appointment from a list of private bar members who accept cases on a judge-by-judge, court-by-court, or case-by-case basis. This may include an administrative component and a set of rules and guidelines governing the appointment and processing of cases handled by the private bar members. Contract -- Nonsalaried private attorneys, bar associations, law firms, consortiums or groups of attorneys, or nonprofit corporations that contract with a funding source to provide court-appointed representation in a jurisdiction. ------------------------------------- Public defender programs Location of public defender programs Nineteen States reported funding public defender programs. Public defender programs in 16 of the 19 States were statewide programs with local or regional offices located throughout the State. In 1999, 11 of these statewide public defender programs had an oversight commission. North Carolina, Virginia, and West Virginia did not have statewide public defender programs. * In North Carolina, 13 counties comprised 11 defender districts, each with a public defender office. In the remaining 87 counties, appointment of private attorneys by the court was the primary method of providing indigent defense services.***Footnote 7: North Carolina General Statues, Chapter 7A.*** * Virginia's 20 public defender offices served 46 of the 95 counties or independent cities.***Footnote 8: Code of Virginia, Title 19.2, secs.163.2.*** In the counties or independent cities without a public defender program, court-appointed counsel was the primary method used. * 15 of West Virginia's 31 judicial circuits had public defender corporations. The remaining 16 circuits had assigned counsel programs.***Footnote 9: Office of Legislative Auditor, Department of Administration, State of West Virginia, Preliminary Performance Review of Public Defenders Service: Maximum Use of Public Defender Corporations Needed to Control Costs, January 1999.*** New Hampshire and West Virginia funded their public defender program through an awarded contract. Nine States reported their public defender program was part of the State executive branch. The location and nature of the public defender programs in the other 10 States reporting this information varied. For example, in Delaware and Massachusetts the public defender program was an independent agency of the State government, while in New Hampshire and West Virginia the program was established as an independent nonprofit organization. Number of chief public defenders and term of office The term chief public defender was defined differently across defender programs. Fifteen of the 16 statewide public defender programs had 1 chief public defender who had program oversight. By contrast, Minnesota reported 11 chief public defenders: the State Board of Public Defense appointed a chief district public defender for each of 10 judicial districts. The district public defender offices handled felony and misdemeanor cases. The State Board of Public Defense also appointed a State public defender whose office represented indigent defendants in appeals and post-conviction proceedings.***Footnote 10: Minnesota Statues, Chapter 611.215 and Chapter 611.23.*** In the three States that did not have a statewide public defender, a chief public defender administered each separate program or defender district. For example, North Carolina reported 11 chief public defenders, Virginia 20, and West Virginia 15. The chief public defender had an established term of office in 11 States and in the primary program in Alaska. In seven States and the alternate program in Alaska, the chief public defender served at the pleasure of the appointing authority. Selection and salary of chief public defenders Unlike their chief prosecutor counterparts who are primarily elected, the chief public defenders were appointed in all 19 States.11 In eight States the governor appointed the chief public defender; in seven States, an independent board or commission made the appointment; and in the remaining four States, judges, the program advisory-board, the board of trustees, or the corporate board of directors. In five States (Massachusetts, Minnesota, North Carolina, Rhode Island, and West Virginia) the chief public defender carried a caseload. In 1999 annual salaries for chief public defenders ranged from $62,000 to $111,000. Salaries of assistant public defenders The minimum salaries for entry-level assistant public defenders ranged from $29,000 to $45,000 among the States reporting this information. The minimum salary for an assistant public defender with 5-years experience ranged from $35,000 to $55,000. The minimum salary for a supervisory attorney ranged from $41,000 to $77,000. Public defender program staffing The statewide public defender program in New Jersey employed the most staff (870). Four States (Colorado, Minnesota, Missouri, and New Jersey) reported 200 or more assistant public defenders. New Jersey reported the largest number of investigators at 220. Eight States (Connecticut, Delaware, Massachusetts, Minnesota, Missouri, New Mexico, Rhode Island, and West Virginia) indicated employing social workers. Only New Mexico and Rhode Island reported having indigency screeners. Public defender program caseload Besides handling criminal cases, all the public defender programs in the 18 States reporting case information had responsibility for handling other types of cases as well. In 1999 public defender programs received over 726,000 criminal cases, 144,000 juvenile cases, 26,000 civil cases, and 33,000 other types of cases (special proceedings, child abuse, child protection, post-conviction parole and probation, and withdrawals). In the 16 States reporting public defender expenditures and criminal caseload, the estimated cost per criminal case was $490.***Footnote 12: This estimated cost per case was calculated by using the 1999 public defender expenditure data from table 7 (excluding Maryland, Minnesota, and New Mexico from both tables). The cost-per-case estimate for individual types of cases can vary greatly, depending on resources needed. A death penalty case, for example, would require much more than a larceny case.*** Assigned counsel programs Appointment of private attorneys Fourteen of the 19 States with assigned counsel programs in 1999 provided some detailed information on attorney appointments. Five States indicated that either judges (Connecticut, Iowa, and West Virginia) or the assigned counsel program (Colorado and Massachusetts) appointed the private attorneys to represent indigent criminal defendants. Eight States reported multiple offices could make private attorney appointments. For example, in Maine, New Hampshire, North Carolina, Oregon, Rhode Island, and Vermont, the court (judges) or the court clerk's office could assign private attorneys to represent indigent criminal defendants. Private attorney roster The assigned counsel programs in Iowa, Vermont, and West Virginia did not maintain a roster of attorneys. In the 10 States where the assigned counsel program maintained a roster of attorneys, 5 (Connecticut, Massachusetts, North Carolina, Rhode Island, and Wisconsin) had formal procedures for removing attorneys from the roster. Private attorneys were included on the assigned counsel programs roster in various ways. In Missouri the public defender system maintained the roster of private bar attorneys. In Maine all attorneys in the local bar were included on the roster unless they requested to be removed; Maine attorneys also could volunteer for specified types of cases. In seven States private attorneys were placed on the roster after volunteering and meeting qualifications (not shown in a table). Attorneys qualified through approval by program administrators, through attending legal seminars or training each year, or through participating in training prior to representing clients. Assigned counsel private attorney appointments and caseload The number of private attorney appointments ranged from 200 in Oregon to 4,800 in Massachusetts. Taken together, the assigned counsel programs in the 13 States reporting caseload information received almost 700,000 cases. About 302,000 criminal cases and 87,000 juvenile cases were received by assigned counsel programs. An additional 11,000 cases involved civil matters. A quarter of the cases received by assigned counsel programs in North Carolina and Virginia involved termination of parental rights, abuse and neglect, guardian ad litem, and contempt. Contract attorney programs Contracts administered Eleven States reported contract attorney programs. The number of contracts for indigent criminal defense services administered in these 11 States ranged from 1 in Maine to 600 in Iowa. Three States (New Hampshire, Oregon, and Vermont) indicated administering contracts awarded to public defenders. Ten States admin- istered contracts to individual solo practitioners; 9 States, law firms which handled both indigent and private cases; 6 States, nonprofit organizations; and 3 States, a law firm or group of private attorneys or law firms joined solely to provide indigent representation under the contract. None of the States responding administered a contract to a bar association. Contract awarding and monitoring Alaska, Maine, New Hampshire, Oregon, and Wisconsin reported competitively bidding for indigent criminal defense services. Oregon awarded contracts to handle the majority of its indigent criminal cases. In several counties in New Mexico and Vermont, contracts were awarded to handle the majority of indigent criminal cases. Eight States reported that the State public defender program handled the majority of indigent criminal cases and contracts were only awarded to handle public defender conflicts. Alaska and Iowa contracted out cases not handled by the public defender program. Contract attorney program caseload In the 9 States reporting contract attorney caseload information, the number of cases received by contract attorneys ranged from over 140,000 in Oregon to 22 in Minnesota. In these 9 States, contract attorneys handled about 192,000 cases. Contract attorneys handled about 122,000 criminal cases, 13,000 juvenile cases, and 5,000 civil cases. Methodology Respondent selection In 1999 State governments provided virtually all of the funding for indigent criminal defense services in 21 States. All 21 States were selected to receive program questionnaires as part of the the National Survey of Indigent Defense Systems (NSIDS). The data collection for NSIDS was conducted by the National Opinion Research Center. The program questionnaire is available at the BJS website http://www.ojp.usdoj.gov/bjs/pub/ pdf/nsids99_p.pdf> Survey response Of the 26 program surveys mailed to the various state agencies within the 21 States, 25 were completed. No information was received from Maryland's State Public Defender Program or the assigned counsel program. In Alaska two program surveys were mailed, one to the primary public defender program and one to the alternate public defender program (Office of Public Advocacy). In Colorado, New Hampshire, Rhode Island, and Virginia one program survey was mailed to the public defender program and one to the assigned counsel program. In the remaining 16 States, one program survey was mailed to the appropriate State agency or program. All the information presented in the text and tables of this report came from the data gathered from the program surveys unless otherwise noted. ------------------------------------------ The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Lawrence A. Greenfeld is the acting director. BJS Special Reports address a specific topic in depth from one or more data sets that cover many topics. Carol J. DeFrances wrote this report. At BJS Keonna Feaster provided statistical review; Marika F.X. Litras and Lyndon Diaz assisted with the construction of the maps; and Steven K. Smith provided overall guidance for the project. Data collection was performed by the National Opinion Research Center (NORC); Natalie Suter was the project director. At NORC, project staff included Rachel Harter, Angela Herrmann, Irv Horwitz, Kymm Kochanek, Jayan Moolayil, Gloria Rauens, Joanna Small, Hee Choon Shin, Charles Taragon, and Crystal Williams. September 2001, NCJ 188464 ------------------------------------- End of file 09/13/01 ih Revised 10/01/01 th