Roundtable: Data in Indigent Defense: Toward a Right to Counsel for All

Session Submission Type: Roundtable Session

Abstract/Description

An Empirical Foundation for the Fight to Abolish Defender Fees

Defender fees exist in 41 states and the District of Columbia as an ostensible means of funding local public defense systems. Critics contend that the fees net little, if any, revenue, likely chilling the constitutionally guaranteed right to counsel, undermining the attorney/client alliance, and perpetuating ongoing system involvement for clients. However, little research exists on the nature and scope of defender fees, let alone their impact on clients, attorneys, or local budgets. To fill this gap, we surveyed 298 public defense attorneys practicing in jurisdictions nationwide with defender fees. We will present descriptive findings documenting opposition or support for the fees, the perceived impact on clients, the local implementation of fees, and how attorneys try to offset the fees through courtroom advocacy. Additionally, we will present findings from regression models to identify how all these elements influence the frequency with which attorneys report that judges are willing to waive, defer, or reduce different types of defender fees. We will discuss the implications of our findings on policy and practice within the broader context of recent legislative gains in abolishing defender fees in states like New Jersey and Delaware.

Sub Unit

• Area XIV. Roundtables

Chair

• Jennifer A. Tallon, Center for Justice Innovation

Discussants

• Sruthi Naraharisetti, Center for Justice Innovation

• Viet Nguyen, Center for Justice Innovation

• Lisa Vavonese, Center for Justice Innovation

Organized by a Division or external group?

The Indigent Defense Research Association