Court Reform: Why Simple Solutions Might Not Fail? – A Case Study of Implementation of Counsel at First Appearance

• In Event: Policy Panel: Addressing Barriers to Access to Counsel in Criminal Courts

Abstract

In 2008, the Supreme Court established in Rothgery vs. Gillespie County that a defendant's right to counsel in criminal cases begins with the first court appearance at which he is advised of charges against him. Advocates argue that when defendants are unrepresented by counsel at this critical early point, they face significant disadvantages as their cases unfold, disadvantages that may have a cumulative effect on case outcomes. Yet many state criminal courts do not consistently adhere to this standard in practice. This paper, based on research funded by the National Institute of Justice, examines the impact of six upstate New York counties’ programs designed to ensure legal representation at defendants' first appearances in criminal cases, and tests hypotheses implied by advocates' arguments. The counties represent the diversity of upstate New York: they include rural and urban jurisdictions, and public defender as well as assigned counsel programs. Using data coded from court cases disposed before and after CAFA programs were implemented, we assess the impact of CAFA on arraignment and pretrial release decisions, time spent by defendants in jail, early engagement of pretrial services, time to dispositions, and characteristics of dispositions (pleas to reduced charges, sentences, and post-conviction supervision).

Authors

• Alissa Pollitz Worden, University at Albany, SUNY

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

• Reveka V. Shteynberg, University at Albany, SUNY

• Kirstin A. Morgan, University at Albany, SUNY