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Alaska Justice Statistical Analysis Center |
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(A BJS Report)
Bureau of Justice Statistics
Court-appointed legal representation
for indigent criminal defendants plays a critical role in the
nation's criminal justice system. In 1991 about three-quarters
of state prison inmates and half of federal prison inmates reported
that they had a court-appointed lawyer to represent them for
the offense for which they were serving time. In 1989, nearly
80 per cent of local jail inmates indicated that they were assigned
an attorney to represent them for the charges on which they were
being held. This report presents selected findings drawn from
Bureau of Justice Statistics (BJS) surveys containing information
related to indigent defense for criminal defendants.
The sixth amendment to the U.S.
Constitution establishes the right to counsel in federal criminal
prosecution. Through a series of cases, the U.S. Supreme Court
has extended the right to counsel for indigent defendants to
state criminal prosecution. A landmark decision was made in 1963
when the Court held in Gideon v. Wainwright (372 U.S.
335 [1963]) that a defendant charged with a felony, including
state crimes, had the right to counsel. Almost ten years later,
Argersinger v. Hamlin (407 U.S. 25 [1972]) extended an
indigent's right to counsel to all criminal prosecutions, felony
or misdemeanor, which carry a sentence of imprisonment.
Types of State Delivery Systems
Although the U.S. Supreme Court
has mandated that the states must provide counsel for indigents
accused of crime, how each state provides such services has not
been specified. The states have devised various systems, rules
for organizing, and funding mechanisms for providing counsel
for poor defendants. In general, three systems have emerged throughout
the country as the primary means to provide defense services
for indigent defendants.
Public defender programs
are public or private nonprofit organizations with full-or part-time
salaried staff. In 28 states a public defender system is the
primary method used to provide indigent counsel for criminal
defendants.
Assigned counsel systems
involve the appointment by the courts of private attorneys as
needed from a list of available attorneys.
Contract attorney systems
involve governmental units that reach agreements with private
attorneys, bar associations, or private law firms to provide
indigent services for a specified dollar amount and for a specified
time period.
The federal justice system provides
indigent defense to eligible defendants through the Federal Defender
Services, community defender organizations, and private attorneys
as established by the Criminal Justice Act of 1964 with its amendments.
Traditionally, assigned counsel
systems and public defenders have been the primary means to provide
legal representation to the poor. In 1992, 64 per cent of state
court prosecutors' offices nationwide reported a public defender
program in their jurisdiction and 58 per cent indicated an assigned
counsel system, while 25 per cent of prosecutors' offices indicated
that their district contracted with law firms, private attorneys,
or local bar associations to provide services to indigent offenders.
State and Local Expenditures for Public Defense
In 1979, state and local governments spent more than $350 million to provide legal counsel to indigent defendants. This included expenditures for civil litigation. In 1990, state and local governments spent an estimated $1.3 billion for these services. In constant 1990 dollars, the state and local expenditures doubled for public defense from 1979 to 1990. In 1979, state-level expenditures represented about 36 per cent of the overall spending for public defense. In 1990, state contributions accounted for 45 per cent of the state and local total.
The preceding article was derived from Bureau of Justice Statistics report "Indigent Defense," NCJ-158909. Copies of the entire report may be obtained from the Alaska Justice Statistical Analysis Unit or on the World Wide Web from the Bureau of Justice Statistics or the National Criminal Justice Reference Service (NCJRS).