Income Eligibility Guidelines for Assigned Counsel: How States Determine Who Is Too Poor To Hire A Lawyer

• In Event: Policy Panel: Legal Services for the Indigent – The State of the Nation

Abstract

This report documents how states use unrealistic and arbitrary guidelines to make decisions about who is eligible for assigned counsel. The report also calls into question the continued reliance on the Federal Poverty Guidelines when making eligibility determinations. It is a resource for the defense bar, assigned counsel plan administrators, judges and legislators. The information contained in this survey shows that states need to re-evaluate how they make eligibility determinations for assigned counsel in order to ensure that those who are too poor to hire a lawyer stand equal before the law.

Author

• John Gross, National Association of Criminal Defense Lawyers / Alabama School of Law