A Preliminary Analysis of the Voucher System in the United States.

• In Event: Pretrial Processing and the Right to Bail

Abstract

For the first time in the United State a voucher system has been implemented for indigent defendants. This allows indigent defendants to choose their appointed counsel from a pre-approved list of attorneys rather than be assigned counsel by the court. Voucher systems are used in several other countries as a means of providing counsel for those who could not otherwise afford it. A conditional trial of this system began in 2015 in Comal County, Texas. Prior to the voucher system, Comal County used the wheel system, which assigned counsel from one of three rotating list based on the level of criminal charge. A comparison of these two systems was made in order to better understand the impact that a voucher system has on case outcomes as well as the amount of time from indictment to disposition. Descriptive statistics are provided as part of a preliminary analysis of the two year long trial run of the new system. The future of the voucher system in the United States and a discussion of policy implications will also be provided.

Authors

• Kyle C. Mueller, Texas State University

• William L. Sandel, Texas State University - ALERRT Center