Indigent Defense / Public Defender Systems

Aug 2005

ABA Policy on Indigent Defense Reforms Needed to Insure Compliance with Gideon (PDF)

Urges increased state and federal funding for indigent defense, stronger oversight mechanisms, remedies to avoid work overload of defense counsel, increased judicial scrutiny of ethical duties and lapses by prosecutors and defenders, greater involvement of bar associations in monitoring criminal proceedings and involvement of community groups and individual citizens in improving the indigent defense system.

Aug 2004

ABA Guidelines on Contribution Fees for Costs of Counsel in Criminal Cases (PDF)

Adopts "ABA Guidelines on Contribution Fees for Costs at Counsel in Criminal Cases" and urges compliance with Guidelines to ensure satisfactory procedural safeguards when accused persons are ordered to make a payment for representation furnished to them at government expense. adoption by death penalty jurisdictions of the Guidelines.

Feb 2003

ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (PDF)

Adopts the black letter ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, dated February 2003; and recommends adoption by death penalty jurisdictions of the Guidelines.

Feb 2002

The Ten Principles of a Public Defense Delivery System (PDF)

Adopt or reaffirm THE TEN PRINCIPLES OF A PUBLIC DEFENSE DELIVERY SYSTEM, which constitute the fundamental criteria to deliver effective and efficient, high quality, ethical, conflict-free representation to accused persons who cannot afford to hire an attorney. Recommend that jurisdictions use these ten principles to assess promptly the needs of public defense delivery systems and clearly communicate those needs to policy makers.

Aug 1998

Representation for Indigents at Initial Appearance (PDF)

Recommend that all jurisdictions ensure that defendants are represented by counsel at their initial judicial appearance where bail is set and that each jurisdiction provide adequate resources to support effective implementation of such representation by counsel for indigent defendants.

Aug 1998

Criminal Justice Act: Full and Fair Compensation (PDF)

Urge Congress to fully fund the Criminal Justice Act, including sufficient money to fund the statutory increase to $75 per hour and annual cost-of-living increases for CJA attorneys, so that the attorneys appointed under the Act receive full and fair compensation. Urge the Judicial Conference to make every effort to obtain funding for and to fund such increases for the 77 districts currently authorized to receive that rate and CJA attorneys.

Aug 1998

Minimum Standards for Indigent Defense Programs (PDF)

Urge adoption of minimum standards for the creation and operation of its indigent defense delivery systems based on four specified sets of guidelines/standards. Urge encouragement and support of the adoption of minimum standards for the creation and operation of indigent defense systems. Urge that substantial compliance with such minimum standards be required as a condition for receiving funds.

Feb 1997

Death Penalty Moratorium (PDF)

Urge jurisdictions that impose capital punishment not to carry out the death penalty until the jurisdiction implements policies and procedures that are consistent with four longstanding Association policies intended to (1) ensure that death penalty cases are administered fairly and impartially, in accordance with due process, and (2) minimize the risk that innocent persons may be executed, with the understanding that, apart from existing policies relating to offenders who are mentally retarded or under the age of 19 at the time of the commission of the offenses, the Association takes no position on the death penalty.

Aug 1996

Access to Counsel in the Military for Post-Conviction Habeas Corpus Death Penalty Cases (PDF)

Urge that military capital prisoners be provided with the same opportunity for the assistance of counsel in seeking federal post-conviction habeas corpus relief as is now provided by federal law for persons sentenced to death in the civilian courts of this country.

Feb 1992

Office for Improvements in the Administration of Justice, Department of Justice (PDF)

Support the reestablishment in the United States Department of Justice of the Office for Improvements in the Administration of Justice with broad authority to pursue a range of programs and projects relating to the entire justice system, that the Office be headed by an Assistant Attorney General, under the direction of the Attorney General, and that the Office be authorized and responsible for developing ways to improve the operation of the civil and criminal justice system and to enhance citizen access to justice.

Aug 1991

Balanced Funding to All Components of the Justice System (PDF)

Recognize that the highest priority of the bar and bench must be to promote improvements in the American system of justice by ensuring balanced and adequate funding for, and timely access to, the entire justice system and urge Association entities, state and local bars and affiliated organizations to form coordinated action committees with nonlawyer groups to take certain steps with respect to the justice system.

Feb 1991

Inclusion of Indigent Defense Programs in Federal Grant Funding (PDF)

Support congressional legislation mandating the inclusion of state and local indigent defense programs among those eligible for funding under the Anti–Drug Abuse Act of 1988 and similar federal laws, and further mandating the inclusion of research, training and technical assistance programs for state and local indigent defense systems in the discretionary grant programs under the Bureau of Justice Assistance and similar agencies. Urge Congress to authorize and appropriate funding to assist state and local governments in implementing the constitutional obligation to provide effective assistance of counsel for indigent defendants in state and local proceedings. Urge state legislatures in those states where funding for indigent defense services is primarily provided at the local level to increase the level of state funding.

Feb1990

Competent Counsel in Death Cases (PDF)

Urge implementation of certain measures in the litigation of death penalty cases, including the provision of competent and adequately compensated counsel, and commend to Congress sample legislation as a way to implement the recommendations.

Feb 1989

Guidelines for Counsel in Death Cases (PDF)

Recommend adoption of Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases, subject to such exceptions as may be appropriate in the military, by entities providing counsel in death penalty cases.

Aug 1988

Reasonable Compensation for Assigned Counsel (PDF)

Urge all jurisdictions to provide by statute or rule of court that attorneys appointed to represent persons who have a constitutional or statutory right to counsel receive reasonable compensation and full reimbursement for costs and expenses.

Feb 1988

Representation Plan for Habeas Corpus Death Penalty Cases (PDF)

Support full utilization of certain provisions pertaining to representation in federal habeas corpus death penalty proceedings and acknowledge the efforts of the federal judges to implement them. Urge federal district and circuit courts to adopt and federal circuit judicial councils to approve (1) a plan for providing representation in federal death penalty proceedings in accordance with certain procedures, and (2) certain amendments to its Criminal Justice Act plan. Urge the federal courts to consult extensively with appropriate state criminal justice leaders in developing and carrying out such implementation plans.

Feb 1987

Standards for Right to Counsel in Juvenile Cases (PDF)

Urge state and local bar associations to support amendments to the statutory law and court rules in their states with respect to the right to counsel in juvenile court proceedings to bring them into compliance with the Institute of Judicial Administration/American Bar Association Standards Relating to Counsel for Private Parties.

Feb 1985

Appointment of Two Attorneys in Death Penalty Cases (PDF)

Recommend that when attorneys are appointed to represent defendants in the trial of death penalty cases, two attorneys shall be appointed as trial counsel to represent the defendant, and the primary attorney shall have substantial trial experience which includes the trial of serious felony cases.

Feb 1985

Standards for Awarding Contracts for Criminal Defense Services (PDF)

Oppose the awarding of government contracts for criminal defense services on the basis of cost alone or through competitive bidding without reference to quality of representation; and urge that the awarding of contracts should, in addition to cost, be based on certain specified qualitative criteria.

Aug 1984

Adequate Defense and Prosecution in Juvenile Courts (PDF)

Urge Office of Juvenile Justice and Delinquency Prevention of the U.S. Department of Justice to support the implementation of adequate defense and prosecution services in the nation's juvenile courts.

Feb 1982

Criminal Justice Act: Reasonable Compensation for CJA Attorneys (PDF)

Urge Congress to increase, or to provide a mechanism for administratively increasing, the per-hour and maximum total of compensation authorized under the Criminal Justice Act of 1964 so that attorneys receive reasonable compensation in accordance with prevailing standards.

Feb 1979

Right to Counsel in Post-Conviction Death Cases (PDF)

Urge the U.S. Supreme Court to adopt a rule providing for appointment of counsel to pursue postconviction remedies in death penalty cases, and recommend that the Criminal Justice Act be amended to provide for adequate compensation to counsel in such cases.

Feb 1979;
Aug 1973

Center for Defense Services (PDF)

Support the establishment of an independent, federally funded center for defense services for the purpose of strengthening state and local criminal defense service programs.