Bojs State Funded Indigent Defence Services 1999
Download original document:
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
U.S. Department of Justice Office of Justice Programs Revised, 10/01/01 th Bureau of Justice Statistics Special Report National Survey of Indigent Defense Systems, 1999 September 2001, NCJ 188464 State-Funded Indigent Defense Services, 1999 By Carol J. DeFrances, Ph.D. BJS Statistician Highlights State-funded indigent criminal defense services, 1999 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 Statefunded 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.1 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 19992000. A previous report described indigent criminal defense services in the Nation's 100 most populous counties.2 1 Information for Maryland was taken from the website for the Maryland Manual at <http://www.mdarchives.state.md.us>. 2 Indigent Defense Services in Large Counties, 1999, BJS Bulletin, November 2000, NCJ 184932. • 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 • The 21 States, accounting for 27% of States had formal procedures for the U.S. population, spent $662 million removing attorneys from the roster. on indigent criminal defense services • Contract attorney programs in 1999, more than double the total 11 States funded contract attorney amount in 1982 in constant dollars. programs. Contracts were adminis• Public defender programs 19 of tered to public defender offices, law the 21 States funded public defender firms, individual solo practitioners, programs. Over 726,000 criminal nonprofit organizations, or groups of cases were received by the public private attorneys or law firms. Five defender programs in the 17 States States reported competitively bidding reporting criminal caseload data. for indigent criminal defense services. • 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. 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.3 Funding sources for indigent criminal defense services, 1999 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.4 Funding sources County (9) Primarily county (8) State and county (5) Primarily state (6) State (21) Court fees (1) 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 Source: Improving Criminal Justice System Through Expanded Strategies and Innovative Collaborations: Report of the National Symposium on Indigent Defense, Office of Justice to the police in 1999.5 These 21 States Programs, March 2000, NCJ 181344, Appendix 6, <http://www.ojp.usdoj.gov/indigentdefense/ make up the largest single category of icjs.pdf>. funding sources for trial-level indigent services, the 21 States delivered these districts within the State operated criminal defense services (figure 1). separate public defender programs, services in a variety of ways (box on Although each of the 21 State governments funded indigent criminal defense page 3). For example, Maine delivered with each program headed by a chief the majority of its indigent criminal public defender.6 3 defense services through an assigned In 1999 county governments in nine States (Arizona, California, Idaho, Illinois, counsel program. Oregon primarily Expenditures for indigent criminal Michigan, Pennsylvania, South Dakota, used a system of awarded contracts. defense services Texas, and Utah) entirely funded indigent Minnesota and New Mexico did not criminal defense services. In the remaining In 1982 the 21 States included in this 41 States indigent defense received partial have assigned counsel programs but report spent an estimated $251 million instead relied on statewide public funding (20) or virtually all funding (21) from State governments. See Improving defender programs and contract attor- (in 1999 dollars) on all indigent defense Criminal Justice Systems Through ney programs. services (table 1). In 1999 these same Expanded Strategies and Innovative 21 States had indigent criminal Collaborations: Report of the National Symposium on Indigent Defense, Office of Even within specific program types, the defense expenditures of approximately $662 million, almost 3 times the 1982 organization of the programs varied. Justice Programs, March 2000, NCJ 181344, Appendix 6, at <http://www.ojp. total amount. New Jersey, the most For example, 16 of the 19 States with usdoj.gov/indigentdefense/icjs.pdf> populous of the 21 States, spent the public defender programs had state4 National Criminal Defense Systems most ($73 million) on indigent criminal wide systems that delivered indigent Study, BJS, September 1986, NCJ 94702, criminal defense services through local and Criminal Defense for the Poor, 1986, 6 This information is from a review of the branches or offices. Typically, one BJS Bulletin, September 1988, NCJ statutes for the 19 States and from 112919. chief or state public defender had 5 Improving Criminal Justice Systems The 1999 State population estimates were oversight for the entire program. In the Through Expanded Strategies and Innovataken from <http://www.census.gov/ remaining three States, the State tive Collaborations: Report of the National population/estimates/state/st-99-1.txt> Symposium on Indigent Defense, Office government provided the funding but Part 1 UCR offense reported to the police of Justice Programs, March 2000, NCJ the public defender programs were were taken trom Crime in the United 181344, Appendices 6 and 7, at <http:// States: 1999, FBI, table 4. locally established. Counties or judicial www.ojp.usdoj.gov/indigentdefense/ icjs.pdf>. 2 State-Funded Indigent Defense Services, 1999 Table 1. State-funded indigent criminal defense services, 1982 and 1999 State Alaska Colorado Connecticut Delaware Hawaii Iowa Maine Maryland* Massachusetts Minnesota Missouri New Hampshire New Jersey New Mexico North Carolina Oregon Rhode Island Vermont Virginia West Virginia Wisconsin Total 1999 resident population 619,500 4,056,133 3,282,031 753,538 1,185,497 2,869,413 1,253,040 5,171,634 6,175,169 4,775,508 5,468,338 1,201,134 8,143,412 1,739,844 7,650,789 3,316,154 990,819 583,740 6,872,912 1,806,928 5,250,446 Total State indigent defense expenditures 1982 1999 (in 1999 criminal dollars) defense $6,084,323 $11,460,400 14,616,308 31,394,830 7,809,926 25,095,150 3,190,692 7,306,700 6,041,000 7,539,608 11,024,059 30,720,729 1,879,015 6,999,820 17,726,555 39,286,313 22,597,134 62,200,000 17,979,266 46,400,000 7,608,921 28,202,699 3,705,720 10,667,770 33,970,538 72,975,000 6,872,523 22,895,400 18,992,970 62,680,384 21,815,002 32,564,390 2,243,255 6,105,017 3,233,254 5,829,246 15,147,913 67,480,333 5,094,557 22,454,009 23,042,445 61,590,139 1999 total State indigent criminal defense operating expenditures per 1,000 population Total 73,165,979 $250,675,376 $661,847,937 *Fiscal year 1999 total operating expenditures for the Maryland Public Defender Office were taken from the Maryland Archives On-line at: <http://www.mdarchives.state.md.us/msa/mdmanual/25ind/html/ 61pubdb.html.> Sources: 1982 expenditure data taken from National Criminal Defense Systems Study, BJS, September 1986, NCJ 94702. The 1982 expenditure data were adjusted for inflation and presented in 1999 dollars. 1999 State population estimates came from the Census Bureau website, <http://www.census.gov/population/www/estimates/statepop.html>. 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 except Maine and Oregon expended funds for some form of a public defender program (table 2). Most States (19) also supported assigned counsel programs. Eleven States indicated expenditures for contract attorney programs. 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. State Alaskaa Colorado Connecticut Delawareb Hawaiib Iowa Maine Maryland Massachusetts Minnesotac Missouri New Hampshire New Jerseyd New Mexico North Carolina Oregon Rhode Island Vermont Virginia West Virginia Wisconsin $18.50 7.74 7.65 9.70 6.36 10.71 5.59 7.60 10.07 9.72 5.16 8.88 8.96 13.16 8.19 9.82 6.16 9.99 9.82 12.43 11.73 Types of indigent defense services Table 2. Expenditures for State-funded indigent criminal defense services, by type of program, 1999 Public defender Type of program Assigned Contract counsel attorney $9,960,400 22,763,529 22,872,200 7,306,700 7,539,608 13,173,047 0 39,286,313 10,583,000 -27,664,539 8,070,972 72,975,000 11,681,300 11,708,864 0 5,000,000 4,329,845 15,887,218 8,773,436 38,401,452 -8,322,077 955,000 --8,115,790 5,995,458 -51,617,000 0 538,159 843,715 -0 39,731,705 3,932,598 1,105,017 1,196,800 38,586,442 13,320,392 17,220,603 $1,500,000 0 1,267,950 0 0 9,431,893 174,000 -0 -0 1,753,083 0 7,709,100 329,469 24,966,324 0 302,601 0 0 5,968,084 $337,977,423 $191,480,756 $53,402,504 Note: Total public defender expenditures for Maryland were taken from the Maryland Archives On-line at <http://www. mdarchives.state.md.us/msa/mdmanual/25ind/html/61pubdb. html>. Amounts for public defender, assigned counsel, and contract programs may not sum to total criminal expenditures in table 1. --Information not provided or not known. a Expenditures for the public defender programs reflect combined information for the Alaska Public Defender Agency and the Office of Public Advocacy. b Expenditures exclude “conflict” cases in which the public defender has a conflict of interest or an overload of cases or in which the public defender or other primary program is otherwise unable to handle. c Minnesota could not disaggregate expenditures by type of program. d New Jersey reported expenditures for conflict cases and specialty cases such as those involving the death penalty and abuse and neglect, as well as assigned counsel expenditures, with public defender expenditures. 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. State-Funded Indigent Defense Services, 1999 3 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 (table 3). 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.7 Virginia's 20 public defender offices served 46 of the 95 counties or independent cities.8 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.9 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 7 North Carolina General Statutes, Chapter 7A. 8 Code of Virginia, Title 19.2, 163.2. 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. Table 3. Characteristics of State-funded public defender programs, 1999 State Governmental location of public defender programs Oversight commissiona Alaska Colorado Connecticutc Delaware Hawaii Iowa Marylandd Massachusetts Minnesota Missouri New Hampshire New Jersey New Mexico North Carolina Rhode Island Vermont Virginiae West Virginia Wisconsin State executive branch Judicial branch Judicial branch Independent agency of State government State executive branch State executive branch State executive branch Independent agency of State government Judicial branch Independent department in judicial branch Independent nonprofit organization State executive branch State executive branch Judicial branch State executive branch State executive branch Judicial branch Independent nonprofit organization State executive branch No Yes Yes No Yes Yes Yes Yes Yes Yes Yes No No No No No Yes No Yes Statewide programb Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes No No Yes a Information from Colorado Revised Statutes, Title 21-1-101; General Statutes of Connecticut, Chapter 887, Title 51-289; Hawaii Revised Statutes, Vol. 14, 802; Iowa Code and Supplement, Chapter 13B; Annotated Code of Maryland, Article 27, 9; General Laws of Massachusetts, Part III, Title I, Chapter 211D; Minnesota Statutes, Chapter 611.215; Missouri Revised Statutes, Chapter 600.015; New Hampshire Revised Statutes, Title LIX, Chapter 604-B; Code of Virginia, Title 19.2, Chapter 163.1; and Wisconsin Statutes, Chapter 977.02. b Information 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 <http://www.ojp.usdoj.gov/indigentdefense/icjs.pdf> . c Governmental location for budget purposes only. d Information on governmental location came from Annotated Code of Maryland, Article 27, 3. e Information on governmental location came from the Virginia 2000-2002 Biennial Budget, the section on the Judicial Department. 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 4 State-Funded Indigent Defense Services, 1999 public defender who had program oversight (table 4). 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.10 In the three States that did not have a statewide public defender, a chief public defender administered each separate program or defender district. 10 Minnesota Statutes, Chapter 611.215 and Chapter 611.23. Table 4. Characteristics of chief public defenders in State-funded systems, 1999 State Alaska: Primary program Alternate and conflict program Colorado Connecticut Delawarea Hawaii Iowa Marylandb Massachusetts Minnesota Missouri New Hampshire New Jersey New Mexico North Carolina Rhode Island Vermont Virginiac West Virginia Wisconsind Chief public Number of defender Years in chief public has term term of defenders of office office 1 Yes 1 1 1 1 1 1 1 1 11 1 1 1 1 11 1 1 20 15 1 No Yes Yes Yes Yes Yes No No Yes Yes No Yes No Yes Yes Yes No No No Chief public defender elected or appointed 4 5 4 6 4 4 4 4 5 4 3 4 Chief public defender carries a caseload Who appoints chief public defender Appointed Governor Appointed Appointed Appointed Appointed Appointed Appointed Appointed Appointed Appointed Appointed Appointed Appointed Appointed Appointed Appointed Appointed Appointed Appointed Appointed Governor Independent board or commission Independent board or commission Governor Governor Governor Board of Trustees Independent board or commission Independent board or commission Independent board or commission Corporate board of directors Governor Governor Judges Governor Governor Independent board or commission Independent board or commission Program advisory board Salary of chief public defender -- $80,000 No No No No No No -Yes Yes No No No No Yes Yes No -Yes No 91,000 90,590 110,524 88,000 77,964 75,000 -95,760 89,627 100,932 80,000 98,225 83,700 90,224 80,000 62,000 -66,500 101,859 --Information not provided or not known. a Information on term of office from Delaware Code, Title 29, Section 4603. b All information for Maryland from Annotated Code of Maryland, Article 27, Section 3. c All information for Virginia from the Virginia 2000-2002 Biennial Budget, the section on the Judicial Department and Code of Virginia, Title 19.2, Chapter 10, 163.1-.2. d The number of chief public defenders for Wisconsin from the Wisconsin Statutes, Chapter 977.05. 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. 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. 11 Prosecutors in State Courts, 1990, BJS Bulletin, March 1992, NCJ 170092. The minimum salaries for entry-level assistant public defenders ranged from $29,000 to $45,000 among the States reporting this information (table 5). Table 5. Annual salary of assistant public defenders and supervisory attorneys in State-funded systems, 1999 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 advisoryboard, the board of trustees, or the corporate board of directors. Salaries of assistant public defenders State Alaska * Colorado Connecticut Delaware Iowa Massachusetts Missouri New Hampshire New Jersey New Mexico Rhode Island Vermont West Virginia Wisconsin Assistant public defender at entry-level Minimum Maximum $45,000 35,124 41,612 36,000 35,152 28,600 30,500 31,018 40,965 28,941 38,000 29,500 32,000 37,087 $61,000 45,816 46,808 43,000 44,033 28,600 -42,770 47,873 43,410 42,000 32,500 -93,108 Assistant public defender with 5 years experience Minimum Maximum $55,000 54,480 54,759 45,401 44,033 42,000 50,232 48,204 47,873 44,834 42,000 39,000 35,000 38,200 $75,000 73,008 66,622 106,565 68,286 42,000 -52,754 83,955 67,253 46,000 42,000 40,000 93,108 Supervisory attorney Minimum Maximum $63,000 60,528 57,217 -58,718 76,500 -41,020 63,198 47,669 50,000 57,000 55,000 42,829 $86,000 86,376 100,406 88,000 85,466 76,500 -59,254 91,000 71,502 58,000 -78,000 98,850 Note: Hawaii, Maryland, Minnesota, North Carolina, and Virginia did not provide salary information. --Information not provided or not known. *Salary information for the Alaska Public Defender Agency. State-Funded Indigent Defense Services, 1999 5 Table 6. State-funded public defender programs, by type of staff, 1999 Number of full-time and part-time staff State Alaskaf Colorado Connecticut Delaware Hawaii Iowa Marylandg Massachusetts Minnesota Missouri New Hampshire New Jersey New Mexico North Carolina Rhode Island Vermont Virginia West Virginia Total staffing 147 380 348 119 132 199 784 190 636 558 127 870 258 200 81 68 334 203 Chief Assistant public public defenders defendersa 2 1 1 1 1 1 1 1 11 1 1 1 1 11 1 1 20 15 63 220 124 57 84 108 -108 486 286 52 256 133 118 42 43 170 107 Supervisory attorneysb Managersc 19 27 40 1 9 17 -16 30 44 10 33 24 0 4 2 76 15 0 1 4 1 0 0 -0 0 6 2 60 3 0 1 0 3 0 Investigatorsd Social workers 14 61 57 12 7 23 -15 47 86 23 220 20 27 7 8 25 3 0 0 26 12 0 0 -6 25 15 0 0 13 0 3 0 0 1 Indigency Support Paralegals screeners staffe Other 1 4 2 12 0 0 -0 17 0 0 0 18 0 0 0 0 2 0 0 0 0 0 0 -0 0 0 0 0 14 0 1 0 0 0 48 56 77 23 31 50 -41 20 120 39 300 32 44 22 14 30 60 0 10 17 0 0 0 -3 0 0 0 0 0 0 0 0 10 0 Note: Information includes full- and part-time staff. Wisconsin did not provide staffing information. --Information not provided. a Any employee of the public defender program licensed to practice law or who has applied for admission to the bar, and who primarily litigates cases. Excludes attorneys in nonlitigating positions. b Attorneys in managerial positions who litigate cases. c Attorneys or nonattorneys in primarily managerial positions who do not litigate cases. d Includes investigators on contract. e Administrative staff, clerical staff, computer personnel, fiscal officers, and training directors. f Information is for both the Alaska Public Defender Agency and the Office of Public Advocacy. g Information taken from the Annotated Code of Maryland, Article 27 and the Maryland Archives On-line at <http://www.mdarchives.state.md.us/msa/mdmanual/25ind/html/61pubdb.html>. 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) (table 6). Four States (Colorado, Minnesota, Missouri, and New Jersey) reported 200 or more assistant public defenders. New Jersey reported 6 State-Funded Indigent Defense Services, 1999 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. Table 7. Cases received by State-funded public defender programs, 1999 State Total e Number of cases received Criminala Juvenileb Civilc Otherd Alaska Colorado Connecticut Delawaref Hawaiig Iowa Massachusetts Minnesotah Missouri New Hampshire New Jerseyf New Mexicoi North Carolina Rhode Island Vermont Virginia West Virginia Wisconsin 29,983 64,179 56,327 36,290 39,870 61,232 7,143 178,175 73,738 15,552 96,752 53,911 48,375 12,750 12,703 51,375 33,556 124,171 15,853 54,352 50,265 30,460 35,778 48,360 6,200 140,475 68,200 8,812 58,165 -36,839 10,500 10,344 41,019 28,100 82,649 658 5,672 5,947 5,830 3,846 12,872 918 37,700 4,629 1,308 15,000 -1,858 2,230 1,339 10,356 3,855 30,810 1,476 0 115 0 246 0 25 -909 11 16,012 -2,237 20 107 0 1,235 4,235 996 4,155 0 0 0 0 0 0 0 5,421 7,575 -7,441 0 913 0 366 6,477 Total 996,082 726,371 144,828 26,628 33,344 In the 16 States reporting public defender expenditures and criminal caseload, the estimated cost per criminal case was $490.12 Assigned counsel programs Appointment of private attorneys Note: Maryland did not provide caseload information. Due to missing data the breakdown by case types does not sum to the total. --Information not provided or not known. a Includes felony capital, felony noncapital, misdemeanors that carry a jail sentence, ordinance infraction, appeal, probation and revocation cases. b Includes juvenile delinquency, delinquency appeals, juveniles proceeded against in criminal court, juvenile status offense, and juvenile transfer hearings. c Includes mental commitment, State post-conviction or habeas corpus, and Federal habeas corpus. d Includes special proceedings, miscellaneous hearings, Megan's law, child abuse, child protection, post conviction probation and parole, and withdrawals. e Total includes information for both the Alaska Public Defender Agency and the Office of Public Advocacy. Specific types include information only for the Alaska Public Defender Agency. f Total includes conflict cases. g Total excludes conflict cases. h State post-conviction or habeas corpus cases were included with appeals under criminal cases. i Information could not be broken down by case type. responsibility for handling other types of cases as well. In 1999 public Besides handling criminal cases, all the defender programs received over public defender programs in the 18 726,000 criminal cases, 144,000 juvenile cases, 26,000 civil cases, States reporting case information had Public defender program caseload Table 8. Source of appointment for private attorneys to provide indigent criminal defense services in State-funded systems, 1999 State Colorado Connecticut Iowa Maine Massachusetts Missouri New Hampshire North Carolina Oregon Rhode Island Vermont West Virginia Wisconsin and 33,000 other types of cases (special proceedings, child abuse, child protection, post-conviction parole and probation, and withdrawals) (table 7). 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 (table 8). 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. 12 This estimated cost per case was calculated by using the 1999 public defender expenditure data from table 2, divided by the criminal caseload 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. Source of appointment Court Court clerk's Public defender Assigned counsel (judges) office program program Note: Alaska, Delaware, Hawaii, Maryland, New Jersey, and Virginia did not provide information on source of private attorney appointments. State-Funded Indigent Defense Services, 1999 7 Private attorney roster The assigned counsel programs in Iowa, Vermont, and West Virginia did not maintain a roster of attorneys (table 9). 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 Table 9. Private attorney roster in State-funded assigned counsel programs, 1999 State Colorado Connecticut Iowa Maine Massachusetts Missouri New Hampshire North Carolina* Oregon Rhode Island Vermont West Virginia Wisconsin Private attorney roster Maintained Formal by assigned procedures counsel to remove program attorneys Yes Yes No Yes Yes Yes Yes Yes Yes Yes No No Yes No Yes No Yes No No Yes No Yes Yes Note: Alaska, Delaware, Hawaii, Maryland, New Jersey, and Virginia did not provide roster information. *North Carolina has appointment lists developed and maintained by a bar committee in each district. procedures for removing attorneys from the roster (table 9). Assigned counsel private attorney appointments and caseload 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. The number of private attorney appointments ranged from 200 in Oregon to 4,800 in Massachusetts (table 10). 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. 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. 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. Table 10. Private attorney appointments and cases received by assigned counsel programs in State-funded systems, 1999 State Colorado Connecticut Iowa Mainee Massachusetts Missouri New Hampshire North Carolina Oregon Rhode Island Vermont Virginia West Virginia Wisconsin Total Number of private attorney appointments Total Number of cases received Criminala Juvenileb Civilc Otherd 400 250 500 508 4,800 458 -2,050 200 1,413 225 2,492 750 1,400 8,714 903 -19,275 201,034 458 881 116,427 12,961 1,589 573 264,945 25,109 46,881 6,176 832 -11,833 -422 159 67,873 10,926 1,050 447 154,618 15,022 33,060 2,026 60 --17,108 9 262 13,811 361 539 52 39,888 3,338 10,034 512 11 -461 -27 0 4,935 445 -0 0 4,020 1,113 0 0 -6,981 -0 460 29,808 1,229 -74 70,439 2,729 2,674 15,446 699,550 302,418 87,488 11,324 114,394 Note: Alaska, Delaware, Hawaii, Maryland, and New Jersey did not provide appointment and caseload information. Due to missing data, breakdown by case type does not sum to the total. --Information not provided or not known. a Includes felony capital, felony non-capital, misdemeanors that carry a jail sentence, ordinance infraction, appeal, probation and revocation cases. b Includes juvenile delinquency, delinquency appeals, juveniles proceeded against in criminal court, juvenile status offense, and juvenile transfer hearings. c Includes mental commitment, State post-conviction or habeas corpus, and Federal habeas corpus. d Includes special proceedings, contempt, guardian ad litem, termination of parental rights, and child abuse and neglect. e Maine provided information on the number of vouchers paid to court-appointed attorneys. In criminal cases one voucher per case was usual; in child protective cases there could be many vouchers per case. 8 State-Funded Indigent Defense Services, 1999 Contract attorney programs Table 11. Contract attorney programs in State-funded systems, 1999 Contracts administered Eleven States reported contract attorney programs (table 11). 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 administered 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. State Alaska Connecticut Iowa Maine Minnesota New Hampshire New Mexico North Carolina Oregon Vermont Wisconsin 78 304 600 1 27 -120 4 77 48 93 Contracts awarded to public defenders No No No No No Yes No No Yes Yes No Contracts administered A law firm or group of attorA law firm neys or firms handling joined solely both indi- to provide Individual gent and contracted solo practi- private indigent Nonprofit tioners cases defense organization Yes Yes Yes -Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes -No Yes Yes Yes Yes Yes Yes No No No Yes No Yes No No Yes -No No Yes Yes -Yes Yes No Yes Yes -No --Information not provided or not known. Table 12. Contracts awarded in State-funded systems, 1999 Contract awarding and monitoring Alaska, Maine, New Hampshire, Oregon, and Wisconsin reported competitively bidding for indigent criminal defense services (table 12). 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. Number of contracts adminstered for criminal indigent defense services State Alaska Connecticut Iowa Mainea Minnesota New Hampshire New Mexicob North Carolinac Oregon Vermontd Wisconsin Jurisdiction competitively bids for indigent criminal defense services Yes No No Yes No Yes No No Yes No Yes Indigent criminal defense contracts are awarded to handle All Public defender Types of cases not or a majority conflicts, handled by the of indigent including case public defender or criminal cases overload assigned counsel No No No No No No Yes No Yes Yes No No Yes Yes No Yes Yes Yes No Yes Yes Yes Yes No Yes No No No No No No No No a In one county a contract was awarded to handle all criminal and juvenile cases. In several counties, contracts were awarded to handle the majority of criminal cases. c Contracts were awarded for specific case types in special circumstances. d In 6 of the 14 counties, contracts were awarded to handle the majority of criminal cases. b State-Funded Indigent Defense Services, 1999 9 Table 13. Cases received by contract attorneys in State-funded systems, 1999 Number of cases received by contract attorneys Criminala Juvenileb Civilc Otherd State Total Connecticut Mainee Minnesota New Hampshire New Mexicoe North Carolina Oregon Vermont Wisconsin 7,280 500 22 5,828 21,640 -140,382 4,227 11,989 5,364 -22 3,269 --98,857 2,067 11,989 1,753 -0 709 -3,020 6,835 559 0 163 -0 0 -2,500 2,205 0 0 0 -0 1,850 -0 32,485 1,601 0 Total 191,868 121,568 12,876 4,868 35,936 Note: Iowa did not provide caseload information. Alaska included the contract attorney caseload with the public defender caseload. Due to missing data, breakdown by case type does not sum to total. --Information not provided or not known. a Includes felony capital, felony noncapital, misdemeanors that carry a jail sentence, ordinance infraction, appeal, probation and revocation cases. b Includes juvenile delinquency, delinquency appeals, juveniles proceeded against in criminal court, juvenile status offense, and juvenile transfer hearings. c Includes mental commitment, State post-conviction or habeas corpus, and Federal habeas corpus. d Includes contempt, termination of parental rights, dependency and reviews, and psychiatric security review board hearings. e Maine and New Mexico could not breakdown the caseload by case type. Contract attorney program caseload Survey response 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 (table 13). 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. 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. 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> All the information presented in the text and tables of this report came from the data gathered from the program surveys unless otherwise noted. 10 State-Funded Indigent Defense Services, 1999 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 This report in portable document format and in ASCII, its tables, and related statistical data are available at the BJS website: http://www.ojp.usdoj.gov/bjs/