Across the country there have been a number of class action lawsuits challenging public defense delivery systems which fail to ensure constitutionally effective representation. In many instances these lawsuits have been the catalyst for change, calling attention to the injustices that occur when states fail to fulfill their 6th Amendment obligations. 

The crisis in public defense in Louisiana has been well-documented by the news media over the past several years. Stories of overloaded public defenders, unrepresented individuals languishing in jail, and mass pleas have shocked the nation’s conscience, but the system’s shortcomings have long evaded reform. However, much coverage of the public defense crisis in Louisiana, the state with the highest incarceration rate in the nation, has focused its attention on the consequences of the crisis rather than its causes. [Released March 2017]

The Right to Counsel in State Courts

This 50-state Survey of Right to Counsel Standards documents how states decide when a qualifying individual charged with criminal wrongdoing is entitled to receive appointed counsel. Some states only appoint counsel in cases of actual incarceration following conviction, while others mandate appointed counsel based solely on the fact that a defendant has been charged with a crime. Other states fall between these standards and appoint counsel when a sentence of incarceration is authorized or likely to be imposed following conviction. [Released October 2016]

This 50-State Survey of Financial Eligibility Guidelines for Assigned Counsel documents how states decide who is “too poor” to hire a lawyer. The survey looks at how states define “indigency” and whether or not that definition is consistent with ABA standards for providing defense services. It identifies which states rely on the Federal Poverty Guidelines when determining eligibility for assigned counsel, and explains the origin of the Federal Poverty Guidelines and how they cannot accurately predict who is “too poor” to hire a lawyer. [Released March 2014]

This report documents the unreasonably low rates of compensation paid to private attorneys who represent indigent defendants in state courts. The lack of adequate funding restricts the pool of attorneys willing to represent indigent defendants and creates conflicts of interest for attorneys by encouraging them to limit the amount of work they perform on a case for an indigent client. [Released March 2013]

In recent years, there has been growing interest in public defense issues nationwide. Several state and national organizations have filed lawsuits challenging practices that undermine public defense and access to justice. Additionally, the U.S. Department of Justice has intervened in many cases in the form of Statements of Interest, on behalf of the plaintiffs. 

Brief of Amici Curiae National Association of Criminal Defense Lawyers and Idaho Association of Criminal Defense Lawyers in Support of Plaintiffs-Appellants.

President John Wesley Hall's letter to Senate Judiciary Committee Subcommittee on Crime and Drugs leadership regarding the National Criminal Justice Commission Act of 2009 (S. 714), which would thoroughly review the state of local, state, and federal criminal justice systems.

In 2015 Walker filed a civil rights action in the N.D. of Georgia alleging the City of Calhoun's use of a bail schedule violated due process and equal protection by setting initial bail amounts without regard to the financial resources of the arrestee. The City held court only once a week, leaving many in jail for a week or more on even minor offenses. While the case was pending the City amended its policies to ensure individuals were brought before a judge within 48 hours of arrest to have their bail reviewed by the court.

Brief Amicus Curiae of the National Association of Criminal Defense Lawyers and the Pennsylvania Association of Criminal Defense Lawyers in Support of Appellants. 

Complaint in Colorado Criminal Defense Bar v. Hickenlooper*