The Public Defender The Public Defender ModelModel

Bexar County Task Force MeetingBexar County Task Force Meeting

March 9, 2011March 9, 2011

What Is the Public Defender What Is the Public Defender Model?Model?

Involves a public or private non-profit Involves a public or private non-profit organization with full or part-time organization with full or part-time salaried staff attorneys and personnel. salaried staff attorneys and personnel.

The model may provide services to all The model may provide services to all indigent clients or target a special indigent clients or target a special population.population.

History of the Public Defender History of the Public Defender Model in TexasModel in Texas

Prior to the FDA, only five Texas Prior to the FDA, only five Texas counties operated public defender counties operated public defender offices serving adult defendants. offices serving adult defendants. These included Colorado, Dallas, El These included Colorado, Dallas, El Paso, Webb, and Wichita counties.Paso, Webb, and Wichita counties.

Now there are 18 PDs in Texas serving Now there are 18 PDs in Texas serving in at least some types of cases in in at least some types of cases in roughly 110 of Texas’s 254 counties. roughly 110 of Texas’s 254 counties.

Public Defenders in TexasPublic Defenders in Texas

Advantages of the Public Advantages of the Public Defender ModelDefender Model

Generally, PDs can provide comparable Generally, PDs can provide comparable quality legal services at less cost than quality legal services at less cost than any other indigent defense delivery any other indigent defense delivery method.method.

Public defender budgeting is simpler and Public defender budgeting is simpler and

more predictable than budgeting for more predictable than budgeting for payment of private attorneys whose payment of private attorneys whose work practices, billing practices, and work practices, billing practices, and caseloads fluctuate every month of caseloads fluctuate every month of every year. every year.

Advantages of the Public Advantages of the Public Defender ModelDefender Model

The group practice of law allows attorneys The group practice of law allows attorneys to learn from one another, match staff to learn from one another, match staff experience to work demands, develop experience to work demands, develop and preserve institutional methods of and preserve institutional methods of performing work.performing work.

Public Defenders can attract additional Public Defenders can attract additional resources to minimize costs including resources to minimize costs including grants, fellowships and law-student grants, fellowships and law-student assistance. assistance.

Advantages of the Public Advantages of the Public Defender Model Defender Model

Some non-profit public defenders can also Some non-profit public defenders can also offer indigent defendants civil legal services, offer indigent defendants civil legal services, particularly on mental health issues, that can particularly on mental health issues, that can minimize the costs of involvement in the minimize the costs of involvement in the criminal justice system. criminal justice system.

Judges and county administrators find that less Judges and county administrators find that less administrative work is necessary to oversee administrative work is necessary to oversee indigent defense with the public defender indigent defense with the public defender model (i.e., no attorney fee vouchers to model (i.e., no attorney fee vouchers to review, approve, and pay). review, approve, and pay).

Advantages of the Public Advantages of the Public Defender ModelDefender Model

Public defenders serve a resource for Public defenders serve a resource for public officials and the defense bar public officials and the defense bar (i.e., CLE training). (i.e., CLE training).

Disadvantages of the Public Disadvantages of the Public Defender ModelDefender Model

Hiring staff, securing office space Hiring staff, securing office space and equipment, establishing internal and equipment, establishing internal office practices and procedures, and office practices and procedures, and modifying existing procedures may modifying existing procedures may require significant start up costs. require significant start up costs.

The Feasibility of a Public The Feasibility of a Public Defender ModelDefender Model

Public defender offices offer important Public defender offices offer important quality controls that assigned counsel quality controls that assigned counsel and contract programs do not have, and contract programs do not have, including office policies, in-house including office policies, in-house training, and supervision. training, and supervision.

PD offices allow counties to maintain PD offices allow counties to maintain better and more accurate metrics of better and more accurate metrics of indigent defense. indigent defense.

The Feasibility of a Public The Feasibility of a Public Defender ModelDefender Model

An adequately funded public defender An adequately funded public defender system should result in the same or better system should result in the same or better quality representation, better dependability, quality representation, better dependability, and less cost for the same scope of indigent and less cost for the same scope of indigent defense representation.defense representation.

This improvement results from the This improvement results from the institutional nature of public defender offices, institutional nature of public defender offices, not because public defenders are better not because public defenders are better attorneys than private assigned counsel. attorneys than private assigned counsel.

The The FeasibilityFeasibility of a Public of a Public Defender ModelDefender Model

Cost per case for public defenders is Cost per case for public defenders is almost always lower than costs for almost always lower than costs for assigned counsel in the same county. assigned counsel in the same county.

Cost savings from PDs are also found in Cost savings from PDs are also found in decreased pretrial incarceration costs decreased pretrial incarceration costs from aggressive bond reduction practice from aggressive bond reduction practice and earlier disposition of cases. and earlier disposition of cases.

State-Wide Cost ComparisonState-Wide Cost ComparisonFY 2010FY 2010

Potential Grant FundingPotential Grant Funding

Discretionary grants from TFID could Discretionary grants from TFID could support PD formation by countysupport PD formation by county

Grants are 4 years with 50-50 State-Grants are 4 years with 50-50 State-County match over time periodCounty match over time period

FY2013 is next available grant period FY2013 is next available grant period (FY2012 Intent to Submit Applications (FY2012 Intent to Submit Applications were due February 25were due February 25thth))

ResourcesResources Blueprint for Creating a Public Defender OfficeBlueprint for Creating a Public Defender Officehttp://www.courts.state.tx.us/tfid/pdf/Blueprint.pdf

Task Force on Indigent Defense Annual ReportTask Force on Indigent Defense Annual Reporthttp://www.courts.state.tx.us/tfid/pdf/FY10AnnualReportTFID.pdf