U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Special Report Census of Public Defender Offices, 2007 State Public Defender Programs, 2007 September 2010 NCJ 228229 ---------------------------------------------------------- This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.csv) and the full report including tables and graphics in .pdf format are available from: http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=2242. This report is associated with the State Public Defender Offices, 2007. For a list of related publications go to http://bjs.ojp.usdoj.gov/index.cfm?ty=tp&tid=215 ---------------------------------------------------------- Lynn Langton and Donald Farole, Jr., Ph.D. BJS Statisticians In 2007, 49 states and the District of Columbia had public defender offices to provide legal representation for some or all indigent defendants. Twenty-two states had a state public defender program that oversaw the operations, policies, and practices of the 427 public defender offices located in these states (figure 1). State-based public defender offices functioned entirely under the direction of a central office that funded and administered all public defender offices in the state. In the remaining 27 states, public defender offices were county-based, administered at a local level, and funded principally by the county or through a combination of county and state funds. The public defender office in the District of Columbia operated like a county- based office and was classified as county-based. --------------------------------------------------------- Highlights *State programs spent more than $830 million representing indigent defendants, which was about 14% of total state expenditures for all judicial and legal functions in 2007. *Public defender programs in the 13 states with death penalty statutes spent a combined $11.3 million providing capital case representation in 2007. *Misdemeanor and ordinance violations accounted for the largest share (43%) of cases received by public defender programs. *Fifteen state programs exceeded the maximum recommended number of felony and misdemeanor cases per attorney. *State programs employed a median of 163 litigating attorneys per state. *In 2007 state public defender programs employed about 1 investigator for every 6 full-time equivalent (FTE) litigating attorneys. *State programs had a median attrition rate of 10% for attorneys in 2007. *Among the 17 states that had a state public defender program in 1999, criminal caseloads increased by 20% overall from 1999 to 2007. ------------------------------------------------------- ------------------------------------------------------- Professional guidelines for the provision of indigent defense State Public Defender Programs, 2007 presents the Bureau of Justice Statistics' (BJS) 2007 Census of Public Defender Offices (CPDO) data in the context of applicable professional guidelines for representing indigent clients. The American Bar Association (ABA), the National Legal Aid and Defender Association (NLADA), and special commissions, such as the National Study Commission on Defense Services (1976) and the President's National Advisory Commission on Criminal Justice Standards and Goals (1973), have released professional guidelines for the provision of indigent defense. In 2002, the ABA condensed these guidelines into the ABA's Ten Principles of a Public Defense Delivery System. The ten principles are widely regarded as a succinct statement of the currently accepted requirements for adequate defense representation and are referenced throughout the report. The report also references professional guidelines from the American Bar Association Standards for Criminal Justice, Providing Defense Services (3rd ed. 1992), and the National Legal Aid and Defender Association, Performance Guidelines for Criminal Defense Representation (1995). Ten Principles 1. The public defense function, including the selection, funding, and payment of defense counsel, is independent. 2. Where the caseload is sufficiently high, the public defense delivery system consists of both a defender office and the active participation of the private bar. 3. Clients are screened for eligibility, and defense counsel is assigned and notified of appointment, as soon as feasible after clients' arrest, detention, or request for counsel. 4. Defense counsel is provided sufficient time and a confidential space within which to meet with the client. 5. Defense counsel's workload is controlled to permit the rendering of quality representation. 6. Defense counsel's ability, training, and experience match the complexity of the case. 7. The same attorney continuously represents the client until completion of the case. 8. There is parity between defense counsel and the prosecution with respect to resources, and defense counsel is included as an equal partner in the justice system. 9. Defense counsel is provided with and required to attend continuing legal education. 10. Defense counsel is supervised and systematically reviewed for quality and efficiency according to nationally and locally adopted standards. Other professional guidelines National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, Chapter 13: The Defense (1973). National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United States (1976). American Bar Association Standards for Criminal Justice, Providing Defense Services (3rd ed. 1992). National Legal Aid and Defender Association, Performance Guidelines for Criminal Defense Representation (1995). ------------------------------------------------------- State public defender programs employed 29% of the nation's 15,000 public defenders in 2007 (table 1). The 4,300 attorneys working in these state programs served 73.4 million residents and handled approximately 1.5 million cases, or 27% of the nearly 5.6 million cases handled by public defenders nationwide. In 1963 the United States Supreme Court ruled in Gideon v. Wainwright that state courts are required to ensure that right-to-counsel provisions under the Sixth and Fourteenth Amendments apply to indigent defendants. Since the Gideon ruling, states, counties, and jurisdictions have established varying means of providing public representation for defendants unable to afford a private attorney. Indigent defense systems typically provide representation using some combination of-- 1.a public defender office 2.an assigned counsel system in which the court schedules cases for participating private attorneys 3.a contract system in which private attorneys contractually agree to take on a specified number of indigent defendants or indigent defense cases. The Bureau of Justice Statistics' (BJS) 2007 Census of Public Defender Offices (CPDO) collected data on public defender offices, which was one of the three methods for delivering indigent defense services. Public defender offices have a salaried staff of full or part-time attorneys who represent indigent defendants and are employed as direct government employees or through a public, nonprofit organization. The CPDO was the first systemic, nationwide study of public defender offices to collect data on the staffing, caseloads, expenditures, standards and guidelines, and attorney training in the 957 offices across 49 states and the District of Columbia. Maine did not have public defender offices in 2007. Public defender offices nationwide employed over 15,000 litigating attorneys in 2007. These offices received a total of approximately 5.6 million indigent defense cases and spent about $2.3 billion representing indigent defendants. This report presents data on the policies and operations of the 427 public defender offices that comprised the 22 state public defender programs. Data from the 22 state programs are reported at the state-level because within each state, state-based offices often share resources and caseloads, as needed. Information presented in the text and tables of the report came from the CPDO unless otherwise noted. In some instances states did not report data, and the CPDO findings were supplemented with information from relevant state statutes. Any data supplemented from outside sources are noted in the text and tables. CPDO findings on county-based offices in 27 states and the District of Columbia are discussed in County-based and Local Public Defender Offices, 2007, BJS Web, September 2010. State public defender programs spent over $830 million providing indigent defense representation in 2007 In 2007, public defender programs served a total resident population of over 73 million and operated 427 public defender offices (table 2).These 22 programs served a median resident population of 2.9 million, with a median of 19 public defender offices per state; the number of offices per state ranged from 4 in North Dakota to 36 in Missouri. State public defender programs employed 4,321 litigating attorneys to handle the nearly 1.5 million cases received in 2007. State programs spent more than $830 million representing indigent defendants in 2007, with the median annual expenditure estimated at over $33 million per program. ***Footnote 1 Survey instructions asked respondents to report operating expenditures for public defender offices only. If the state funded assigned counsel or contract attorneys in addition to public defenders, these expenditures were not to be reported by the state.*** The 22 programs received a median of 73,000 cases, equating to a median per-case expenditure of $510 (not shown in table). A median of 15% of states' legal and judicial direct expenditures went to public defender programs Each year the U.S. Census Bureau produces state-by-state estimates of direct government expenditures for police, courts, and corrections. ***Footnote 2 State-by-state justice expenditure estimates were derived from the U.S. Census Bureau's Annual Government Finance Survey. (See U.S.Census Bureau, State and Local Government Finance, Web 2007. .*** A median of 15% of state judicial and legal direct expenditures was spent by public defender programs in the 22 states in 2007. Wisconsin spent the largest share of judicial and legal expenditures on the state's public defender program (30%), followed by Montana (24%), Maryland (17%) and Minnesota (17%). All other states spent less than 20% of their reported legal and judicial expenditures on the public defender program. The public defense function should be independent of undue political influence. To safeguard independence and promote efficiency and quality of services, a nonpartisan board should oversee defender systems. In 2007, 15 state public defender programs were overseen by an advisory board or commission In 2007, 15 state public defender programs had an advisory board or commission (table 3). In 9 of these states, the board had both rule-making authority and the authority to hire and remove the chief public defender. The board's authority also extended over budgetary decisions in 6 of these states. Seven of the 15 state public defender programs with an advisory board relied on more than one authority to select board members. The governor, in conjunction with the state supreme court, legislature, or other entity, such as the State Bar Association, appointed members to the advisory board in 7 state public defender programs: Connecticut, Iowa, Kentucky, Minnesota, North Dakota, New Hampshire, and Wisconsin. In Arkansas, Hawaii, Maryland, and Montana, the governor had the sole responsibility for advisory board appointments. The state supreme court was the sole appointing authority in Colorado and Massachusetts. The defender office should screen clients for eligibility, with eligibility decisions then subject to review by the court. The determination of eligibility should be based on the liquid assets of the defendant, as well as the defendant's own assessment of his or her ability to obtain sufficient representation. The office should not base indigency determinations on whether the defendant was able to post bond following his or her arrest Nearly all states with a state public defender program followed specific criteria or written guidelines to determine indigency Except for New Hampshire, states with a public defender program used specific criteria to determine if a defendant qualified as indigent and was eligible for legal representation (table 4). Eligibility criteria included, at a minimum, the defendant's income level and a sworn or unsworn statement from the defendant declaring indigency. Six states Connecticut, Delaware, Kentucky, Massachusetts, Missouri, and Wisconsin also considered a defendant's ability to post bond as a criterion for indigency determination. Public defenders (8 states), judges (8 states), and court personnel (5 states) were the most common entities responsible for indigency screening for potential clients in the 18 states that reported data. Kentucky and Massachusetts used either pretrial services or probation officers to screen clients for indigency. Judges were also involved in the screening process in both these states (not shown in a table). The private bar should be involved in providing indigent defense services for cases in which there is a conflict of interest with the public defender's office or the public defender has exceeded caseload limits. Private bar appointments for conflict cases should be made through an established and directed assigned counsel or contract system and not on an ad hoc basis. Eleven of 19 reporting public defender programs used a state-administered assigned counsel program for conflict cases Nineteen state public defender programs provided data on the handling of cases in which there was a conflict of interest with the public defender office, such as a co-defendant already handled by the office. Of these states, 11 used a program-administered assigned counsel system to handle conflict cases in 2007 (figure 2). Seven states reported using a case-by-case contract with a private attorney, the second most common approach to handling conflict cases. No state public defender program reported using an ethical screen, whereby anoffice takes the case regardless of the conflict, but isolates the attorney with conflicting connections from involvement in the case. The same attorney should represent a client through all stages of case proceedings. Eleven state programs provided vertical representation for felony defendants in the majority of offices in the state Vertical representation refers to the practice of one attorney representing a client from arraignment through the duration of the case. It is distinguished from horizontal representation in which a different attorney represents the same client at various stages of the case. Nearly three- quarters of reporting state public defender programs had a written policy encouraging vertical representation in 2007 (table 5). In 11 of the programs that reported data, the majority of offices in the state provided vertical representation for defendants in felony, non-capital cases. Six state programs used a mixture of vertical and horizontal representation in felony, non-capital cases, and 4 programs assigned one attorney to cover the arraignment and another to represent the defendant through the duration of the case. No state program relied solely on horizontal representation for felony, non-capital cases in 2007. Five state programs had a written policy that an attorney should be appointed within 24 hours of client detention. Thirteen programs had a policy of assigning cases based on case type and attorney experience. Most state programs (14) also had a policy that the most experienced attorneys in an office should handle the most complex cases. Public defender programs can charge fees to indigent defendants under circumstances in which the defendant's contribution would not impose significant financial hardship. Nineteen state public defender programs could charge fees for indigent defense services Three states, Iowa, Minnesota, and Rhode Island, did not allow cost recoupment for public defender services in 2007 (table 6). The other 19 state programs had a system in place to allow for the collection of fees from indigent defendants. Among the states permitting cost recoupment, the most widely available fee was a charge based on the cost for the defender's services (12 programs). Eight public defender programs could charge an up-front application or administrative fee, which typically ranged between $10 and $200 depending on the state and type of case.3 Expert witness fees, facilities fees, and court-related expenses were each allowed in 4 or fewer programs. ***Footnote 3 See American Bar Association. (December 2001). 2001 Public Defender Up-front Application Fees Update. .*** Public defender programs can charge fees to indigent defendants under circumstances in which the defendant's contribution would not impose significant financial hardship. Misdemeanors or ordinance violations made up more than 40% of the cases received by state public defender programs in 2007 The 22 state public defender programs received nearly 1.5 million cases in 2007. Misdemeanors carrying a jail sentence or ordinance violations accounted for about 640,000 (43%) of these cases (table 7). Felony non-capital cases accounted for the next largest percentage (25%) of public defender program caseloads. Juvenile-related (14%), civil (3%), appellate (1%), and felony capital (<0.5%) cases made up the smallest share of cases received by state programs in 2007. The CPDO, however, did not collect data from public defender offices that provided primarily juvenile or appellate case representation. Variations in the number and type of cases received by public defender programs are due in part to differences between the resident population and offending patterns in each state. These variations may also be due in a larger part to the differences in how indigent defense cases are distributed among public defender offices and other contract and assigned counsel programs in each state. The 2007 CPDO did not allow for enumeration of the total number of indigent cases received in each state or the percentage of indigent defense cases handled by the public defender office versus contract or assigned counsel attorneys. However, public documents allow for some examination of state variations in the percentage and type of cases that public defender offices receive. An earlier BJS report, State-Funded Indigent Defense Services, 1999, revealed that the volume and type of indigent cases handled outside of the public defender office varies from state to state. Massachusetts' public defender program handled 3% of the approximately 208,000 indigent defense cases received in 1999, while assigned counsel attorneys handled the remaining 97%. During that same year, Connecticut's public defender programs handled 87% of the 64,500 indigent defense cases received, while assigned counsel handled 1%, and contract attorneys handled 11%. ***Footnote 4 See State-Funded Indigent Defense Services, 1999, BJS Web. September 2001 and National Survey of Indigent Defense Systems (NSIDS), BJS Web. 1999.)*** Other documents reveal that some of the variation in the types of cases handled by state public defender programs in 2007 may also be due to variations in the types of indigent cases assigned to public defenders versus other indigent service providers. In 2007, misdemeanors and ordinance violations accounted for 92% of the public defender program caseload in Wyoming, while felony non-capital cases made up the majority of the caseloads in Massachusetts (76%). The 2009 Annual Report for the Wyoming Office of the State Public Defender reported that from 2006 to 2009 the public defender program has served over 80% of the state's indigent criminal defendants.***Footnote 5 See . *** In contrast, Massachusetts typically assigned serious felony non-capital cases to the public defender offices, while state-assigned counsel attorneys handled misdemeanor cases.***Footnote 6 See National Association of Criminal Defense Lawyers, Massachusetts Indigent Defense .*** Public defender programs in states with death penalty statutes spent $11.3 million providing capital case defense in 2007 Thirteen of the 22 states with state-based public defender programs had death penalty statutes (table 8). Of these states, 11 provided complete data on capital case representation and spent almost $11.3 million to represent capital case defendants. Connecticut, Kentucky, and Virginia spent more than $2 million each to provide capital case representation of indigent defendants in 2007. Collectively, the 11 state-based programs represented 436 indigent defendants charged with capital offenses. Prosecutors filed for the death penalty in 209 of these cases. The number of cases in which the prosecutor filed for the death penalty ranged from 97 cases represented by public defenders in Kentucky to 1 case each in Arkansas and New Hampshire. Eight of the 11 reporting public defender programs in death penalty states had specialized units for capital case defense. Six state programs provided indigent defense in more than 15 capital cases in 2007. Of these state programs, one program (Colorado) did not have a specialized unit. All specialized capital defense units provided indigent representation for trial-level capital cases. Specialized units also provided representation for direct appeals and post-conviction capital cases in 4 states: New Jersey, Connecticut, Virginia, and Arkansas. Kentucky's death penalty unit represented capital defendants in trial-level cases and direct appeals, and Maryland's unit represented defendants in trial-level and post-conviction cases. The defense counsel's workload should be sufficiently controlled to allow defenders the time needed to provide quality representation in each case. Furthermore, public defenders are expected to decline appointments that exceed the established caseload limits. Fifteen state public defender programs had caseload or workload limits, the authority to refuse cases, or both In 2007, 11 of the 22 state programs had established formal caseload limits, and 8 had the authority to refuse appointments due to case overload (table 9). Four states Massachusetts, Montana, New Hampshire, and Wyoming had both formal caseload limits and the authority to refuse appointments. Seven states had neither caseload limits nor the authority to refuse appointments. Fifteen of the 19 reporting state programs exceeded the maximum recommended limit of felony or misdemeanor cases per attorney State public defender programs received a median of 11,420 felony non-capital cases and 20,340 misdemeanor cases in 2007. These programs employed 4,321 full-time equivalent (FTE) litigating public defenders, with a median of 163 litigating attorneys in each state. Maryland employed the most FTE litigating attorneys (508) and North Dakota employed the fewest attorneys (10). The National Advisory Commission (NAC) guidelines recommend a caseload for each public defender's office, not necessarily each attorney in the office. They state that "the caseload of a public defender office should not exceed the following: felonies per attorney per year: not more than 150; misdemeanors (excluding traffic) per attorney per year: not more than 400; juvenile court cases per attorney per year: not more than 200; Mental Health Act cases per attorney per year: not more than 200; and appeals per attorney per year: not more than 25."***Footnote 7 Department of Justice, National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, Courts  13.12 (1973).*** While caseload' can apply to the number of cases per attorney at a given time, BJS interprets the NAC standard as applicable to the sum of cases attorneys in an office are responsible for in a given year. Because the CPDO only collected data on cases received in 2007, these caseload numbers may understate the actual caseload of attorneys who are responsible not only for the new cases received in a given year but also cases pending from previous years. One way to analyze the numeric caseload guideline is to estimate the number of cases received per FTE litigating attorney. Since the CPDO did not collect data on the caseloads of individual attorneys, it was assumed for estimation purposes that the felony and misdemeanor cases received in 2007 were equally distributed among FTE litigating attorneys. Using this estimation method, a public defender program would meet the professional guideline for cases received in 2007 if FTE litigating attorneys received no more than 75 felony non-capital and 200 misdemeanor cases.*** Footnote 8 The NAC guideline frames caseloads as though an attorney handles only one type of case. The misdemeanor and felony caseload guidelines were halved to follow the analytic assumption that attorneys handle both types of cases.*** This conservative measure also assumes that attorneys did not have any cases pending from previous years and did not handle any other type of case. Still, in 2007 attorneys in state public defender programs received a median of 82 felony and 217 misdemeanor cases, approximately 27 more cases in one year than recommended by the guideline. Four states--Massachusetts, Minnesota, Montana, and New Hampshire--met the professional guidelines for cases per attorney based on this conservative estimation. Rhode Island (391 cases per attorney) and Hawaii (384 cases per attorney) had two of the highest combined felony and misdemeanor caseloads per attorney in 2007. Another way to examine caseloads is to calculate the number of defenders needed to meet the nationally accepted caseload guideline of 150 felony non-capital cases, 400 misdemeanor cases, 200 juvenile cases, or 25 appellate cases per defender each year. To calculate the total number of attorneys needed in each program, analysts first computed the number of attorneys needed to handle the cases received in each of the four case categories: felony non-capital, misdemeanor, juvenile-related, and appellate. The numbers of attorneys needed for each of the case types were then summed to get the total number of litigating attorneys recommended by the caseload guideline. In order to meet the professional guideline, a state program would need a median of 151 attorneys to handle the median number of felony, misdemeanor, juvenile-related, and appellate cases received in 2007 (table 10). State public defender programs reported a median of 128 FTE litigating attorneys, and had a median of 67% of the estimated number of attorneys required by the guideline. Seventeen states reported complete caseload data in 2007. Of these states--Massachusetts, Montana, Wyoming, and New Hampshire--had enough litigating attorneys to handle the number of cases received without exceeding the caseload guideline. In the remaining 13 states, the actual number of litigating attorneys represented between 31% and 89% of the number required to meet professional caseload guidelines for the number of cases received in 2007. There should be 1 managerial attorney for every 10 staff attorneys in an office to ensure effective attorney supervision. Nearly 3,000 employees provided support to attorneys in state public defender programs In 2007, state public defender programs in 20 reporting states employed nearly 3,000 support staff (table 12). Support staff refers to employees--such as clerical and administrative staff, paralegals, investigators, social workers, indigency screeners, and interns who typically are not attorneys, but provide case assistance for public defenders. Clerical and administrative positions accounted for more than half (56%) of the total support staff. Investigators made up the next largest category of support staff, accounting for almost a quarter (24%) of the positions. The 20 programs also employed a median of 2 paralegals to provide assistance to all public defenders statewide. Maryland received the most cases of any state program in 2007, employed the largest number of support staff, and exceeded all other states in the number of clerical staff (450), indigency screeners (100), paralegals (35), and interns (30). New Jersey was also among the top five states in terms of the number of cases received, and employed the highest number of investigators (233) of all state programs. Investigators accounted for 40% of New Jersey's support staff. While Wyoming reported one of the lowest caseloads of the 22 programs, paralegals accounted for more than 60% of the public defender support staff in the state. Five states Hawaii, Iowa, Delaware, New Hampshire, and Virginia reported no paralegals or interns on staff. North Dakota reported the lowest number of cases received, was 1 of 9 states that did not employ social workers or indigency screeners, and was the only state that did not employ investigators in 2007. The public defender program in Iowa employed only two types of support staff: investigators and administrative personnel. A public defender program should have at least 1 investigator for every 3 litigating attorneys. State programs had 1 investigator for every 6 FTE litigating attorneys in 2007 In 2007, 18 of the 20 reporting public defender programs had a ratio of less than 1 investigator for every 3 FTE litigating attorneys (table 13). State programs in New Jersey and Connecticut exceeded the professional guidelines for the ratio of investigators to attorneys. New Jersey had about 15 investigators and Connecticut had about 11 investigators for every 30 FTE litigating attorneys. Conversely, Arkansas reported having less than 1 investigator per 30 FTE litigating attorneys. State public defender programs had a median of about 1 paralegal per 60 FTE litigating attorneys. Wyoming reported the highest ratio of paralegals to attorneys (about 2 paralegals for every 5 attorneys), followed by North Dakota (1 paralegal for every 10 attorneys). Defender organizations should offer professional development opportunities to assist attorneys in providing quality representation for indigent clients. Public defense counsel should also have systematic and comprehensive training appropriate to specific areas of practice. All state programs provided opportunities for public defense attorneys to improve trial skills The CPDO collected data on policies related to continuing education for attorneys and the types of training provided by state public defender programs. Nearly all of the 19 reporting state programs had operating guidelines that included a policy on continuing education requirements (18 programs) and annual attorney performance review (17 programs) (table 14). All of the state public defender programs provided opportunities for attorneys to improve trial skills. Nearly all (20) programs provided attorneys with professional development opportunities in the area of juvenile delinquency. In 17 public defender programs, attorneys could take training on handling defendants with mental illness. In 10 of the 13 states with the death penalty, public defender programs also provided professional development opportunities in the area of death penalty defense. Civil defense training, offered in 3 states, was the least common type of professional development offered by state public defender programs. State public defender programs had a median attrition rate of 10% for assistant public defenders Minimum entry-level salaries for assistant public defenders ranged from about $37,000 to $58,000, with a median salary of $46,000 per year. More experienced (6 years or more) assistant public defenders earned a median salary between $60,000 and $78,000. Connecticut had the highest salary range, with an entry-level salary of more than $58,000 and a maximum salary for experienced public defenders of nearly $122,000 per year. State public defender programs reported a median 10% turnover rate of assistant public defenders in 2007 due to resignation, termination, retirement, or illness (table 15). Virginia had the highest attrition rate (24%) and one of the lowest averages for assistant public defenders' length of service (3 years). Nearly all states with an attrition rate below 10% reported assistant public defender salaries that were at or above the median salary observed in the 22 states. From 1999 to 2007, public defender program caseloads increased by 20% while staffing increased by 4% Seventeen of the 22 states in this report had established a state public defender program in 1999. These states were included in the BJS National Survey of Indigent Defense Systems (NSIDS) conducted from 1999 to 2000. ***Footnote 9 See State-Funded Indigent Defense Services, 1999, for1999 data on the 17 state public defender programs.*** Data on caseloads, staffing, and expenditures from 1999 and 2007 can be compared for these 17 states. The 1999 expenditure data have been adjusted for inflation and are represented in 2007 dollars. Overall, total expenditures, cases received and full-time equivalent (FTE) public defenders increased in the 17 states from 1999 to 2007 (table 16). The number of attorneys employed in state public defender programs increased by 4%, from approximately 2,700 to over 2,800. Additionally, criminal caseloads increased by 20% overall and total expenditures increased by 19% during this period. There was considerable variability in the caseload, expenditure, and staffing trends for individual states. Increases in the number of cases received were greater than increases in staffing or expenditures in five states from 1999 to 2007: Colorado, Massachusetts, New Hampshire, Rhode Island, and Virginia. Conversely, caseloads in state-based public defender offices stayed the same or decreased in five states during the same period: Delaware, Hawaii, Iowa, Minnesota, and Vermont. After adjusting for inflation, Virginia's public defender program spent 67% more in 2007 than in 1999. Hawaii (down 20%), Missouri (down 12%), Minnesota (down 5%), and New Jersey (down 4%) had declines in expenditures during this period. From 1999 to 2007, Minnesota had greater declines in both criminal caseloads (down 20%) and FTE public defenders (down 30%) than in expenditures. Of the states that reported data in 1999 and 2007, more state programs had a decline in the number of FTE public defenders than in the number of cases received or expenditures. Seven state programs reported a decrease in the number of FTE public defenders from 1999 to 2007, compared to four programs reporting a decrease in criminal caseloads and four state programs reporting a decline in expenditures during this period. Methodology The 2007 Census of Public Defender Offices (CPDO) collected office-level data from 957 publicly funded public defender offices located in 49 states and the District of Columbia. (Maine had no public defender offices in 2007 and provided all indigent defense services through assignment to and contract services with private attorneys.) The universe included all public defender offices principally funded by state or local governments to provide general criminal defense services, conflict services, or capital case representation. Federal public defender offices and offices providing primarily contract or assigned counsel services with private attorneys were excluded from the data collection. Public defender offices funded privately or principally by a tribal government or by offices providing primarily appellate or juvenile services were also excluded. Scope of Data Collection The Bureau of Justice Statistics (BJS), the National Legal Aid and Defender Association (NLADA), and a number of chief defenders and other experts in the field of indigent defense collaborated to develop the CPDO data collection instrument. The American Bar Association's Standing Committee for Legal Aid and Indigent Defense and the National Association of Criminal Defense Lawyers also had the opportunity to review and comment on the instrument. The data collection began in April 2008 and was completed in March 2009. BJS had questionnaires sent to 1,046 public defender offices identified in the United States. Approximately 97% of the offices provided responses to at least some of the critical items identified on the survey instrument. Organizational Structure of Public Defender Offices The CPDO included both state and county-based public defender offices. State-based offices functioned entirely under the direction of a central administrative office that funded and administered all the public defender offices in the state. County-based offices were administered at the local level and funded principally by the county or through a combination of county and state funds. The Public Defender for the District of Columbia was funded by the Federal Government, but functions as a county-based office and was classified as such. These variations in public defender systems dictated the distribution of the CPDO data collection instrument. In the District of Columbia and states with county-based public defender offices, each of 588 offices submitted one completed questionnaire via hard copy or online submission. Only the 530 offices that served as the principal public defender office for the jurisdiction are included in table 1. Data presented are primarily from the 22 central offices of the state public defender programs. The 22 states completed an online questionnaire and responded to questions pertaining to each of the local offices within the states. All 22 states provided responses to at least some of the critical items identified on the survey instrument. In select instances where respondents did not provide the information requested and the information was detailed in certain state statutes, BJS analysts used the statutes to supply missing data. Because the state-based public defender offices often shared resources among local offices as needed, the state programs had the option of providing data on staffing, caseload, and expenditures either for the entire state or for each individual office. Six of the 22 state-based public defender programs were able to provide complete information at the local office level, covering 27% of the 427 local offices in state-based public defender programs. Sixteen state programs provided a portion of the data at the state level and a portion of the data at the local office level. Because of the variations in the level of data provided by each state public defender program, all local office data were aggregated to the state level for these 22 states. Measuring caseload versus workload The CPDO was designed to collect aggregate data from public defender offices or programs. Respondents were instructed to provide the number of cases received by the office or program in 2007. This caseload number is presented throughout the report as a measure of public defender office labor. While workload is generally considered a more accurate measure of the burden on public defenders than caseload, an assessment of workload requires data on the number and types of cases handled by individual attorneys within an office, as well as information about additional attorney responsibilities. The survey instrument and project design did not allow for assessment of the work of individual attorneys within an office. Providing data on individual attorneys would have been burdensome and time- consuming for the public defender offices and programs. Calculating number of full-time equivalent (FTE) litigating attorneys Full-time equivalent (FTE) is a computed statistic calculated by dividing the hours worked by part-time employees by the standard number of hours for full-time employees (40 hours per week) and then adding the resulting quotient to the number of full-time employees. (See U.S. Census Bureau, Government Employment, 1997, Web. Updated annually. .) Included are litigating attorneys who carry a caseload (supervisory attorneys, assistant public defenders, and chief defenders). Excluded are managing attorneys who do not litigate cases. Data on whether chief public defenders carry a caseload were missing for Alaska, Arkansas, Missouri, and New Mexico. The total number of FTE litigating attorneys excludes chief public defenders in these 4 states. ------------------------------------------------------- The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. James P. Lynch is director. This Special Report was written by Lynn Langton and Donald Farole, Jr., Ph.D. Thomas H. Cohen, Ph.D., Tracey Kyckelhahn, and Kyle C. Harbacek verified the report. Georgette Walsh and Jill Duncan edited the report, Tina Dorsey produced the report, and Jayne E. Robinson prepared the report for final printing under the supervision of Doris J. James. September 2010, NCJ 228229 ------------------------------------------------------------ This report in portable document format and in ASCII and its related statistical data and tables are available at the BJS World Wide Web Internet site: . ----------------------------------------------------------- Office of Justice Programs Innovation * Partnerships * Safer Neighborhoods http://www.ojp.usdoj.gov ------------------------------------------------------ 09/15/2010/ JER 3:05pm