Contract Counsel
This position paper reviews the research on disparities in justice system outcomes based on whether a person is represented by a public defender or by court-appointed private counsel finding that court-appointed counsel achieve less favorable outcomes due largely to differences in compensation and resources available to them. The paper also reviews the literature on the…
Joint Legislative Audit and Review Commission (2023). This report examines the state of public defense in Virginia, as requested by the state’s Joint Legislative Audit and Review Commission. Virginia has a hybrid public defense system comprised of either state-funded local public defender offices or private court-appointed defense attorneys compensated by the state. This report finds…
The Wren Collective (2023). This independent report by the Wren Collective examines youth defense appointment practices in Cuyahoga County, Ohio, and finds that juvenile court judges are routinely assigning private attorneys over public defenders to represent youth in juvenile court. Specifically, the public defender’s office was appointed to 25% of the juvenile delinquency cases in…
As juvenile defense system stakeholders consider creating or reforming their contract counsel system, it is important to start with a full understanding of the contracting process and system. The considerations and recommendations provided within this publication may need to be modified for the specifics of your jurisdiction.
Young people facing delinquency charges need and deserve full access to high-quality, zealous defense representation, regardless of where they live. Even in counties with public defenders, at least some of the attorneys appointed to represent youth in delinquency court are engaged through a contract or other court-appointment system. It is, therefore, imperative that policymakers, defense…
Quality legal representation informed by social science research and best practices is integral to ensuring the fair administration of justice in the juvenile delinquency system. The importance of a youth’s access to knowledgeable, well-resourced juvenile indigent defense counsel cannot be overstated. The prevalence of lowbid, flat-fee contracting schemes for court-appointed and contract juvenile indigent defense…