Contracted to Fail: How Flat-Fee Contracts Undermine the Right to Counsel in California

From the Introduction:

“Although California needs to make major improvements to its indigent defense system, the most overdue and pressing starting point is to ban flat-fee contracts. In this report, we explore why many California counties rely on flat-fee contracts, analyze recent contracts in counties that do not have a dedicated public defender’s office, and explain how contract systems result in deeply problematic outcomes. Consistent with the longstanding recommendations of state and national experts, we recommend that these antiquated contracts finally be banned.”