Providing Counsel at First Appearance in a Semi-Rural County

• In Event: Policy Panel: Legal Services for the Indigent – Evaluating Policy Options

Abstract

This mixed-method study is the first, to our knowledge, that examines the effects of having counsel present at a defendant’s first appearance in a semi-rural county. We study a 2013 reform in one county in upstate New York that consolidated first appearance proceedings from across the county into a single court. The findings reflect the benefits of early intervention of counsel to both defendants and localities, but also show the importance of understanding such reforms in local context. The average amount of bail set went down, improving the chance defendants would obtain their liberty and resulting in substantial jail savings. Meanwhile the proportion never offered bail stayed largely the same, suggesting no compromise on public safety. The program of consolidation itself, however, introduced other considerations that threatened to undermine the effectiveness of the program altogether. We conclude counsel at arraignment is necessary and effective innovation that can serve fiscal and liberty interests simultaneously, but that the importance of local context in determining whether those goals are met cannot be overlooked and must be studied more.

Authors

• Kirstin Morgan, University at Albany, SUNY

• Andrew L.B. Davies, University at Albany, SUNY / NYS Indigent Legal Services

• Alissa Pollitz-Worden, University at Albany, SUNY