Melissa Hinton

CJUS 2050
7.3 Critical Thinking
Describe the three systems for appointing counsel to represent indigent defendants. Which do you
believe is the most effective or best way to operate? Explain.
A. Assigned counsel
a. Appointment by the court of private attorneys from a list of available attorneys
i. May consist of all practicing attorneys in the jurisdiction or the attorneys who
volunteer
b. Used in half of all U.S. counties
i. Serves less than 1/3 of the nations population
ii. Used in most small counties where an insufficient volume of cases exists to
support the costs of a public defender system
c. Critics believe that the least-qualified lawyers are appointed to defend indigents
i. Availability is directed related to financial compensation
1. Majority are paid (much less than what theyd make from someone that
can afford a lawyer), however some work pro bono
B. Contract systems
a. Involves bidding by private attorneys to represent all criminal defendants found indigent
during the term of the contract, in return for a fixed payment
b. Used in counties with populations fewer than 50,000
i. Key feature is to place a budget limit on defense services for the indigent
c. Two types of concerns
i. Will lead to a lower standard of representation through the bidding system,
which emphasizes cost over quality
ii. Private bar will no longer play an important role in indigent defense
d. Held unconstitutional in Arizona by the Supreme court. Was found that it violated the
Fifth & Sixth Amendments
i. Didnt take into the account f time that an attorney is expected to spend on the
case
ii. Did not provide for support staff costs
iii. Failed to take into account the competence of the attorney
iv. Did not consider the complexity of the case
e. Several jurisdictions have become frustrated with contract firms submitting increasingly
higher budgets after their initial low bids
C. Public defender
a. 20th century response to the problem of providing legal representation for the indigent.
i. Can be public or private nonprofit with full- or part-time salaried staff who
represent indigents in criminal cases in a jurisdiction
b. Started in L.A. County in 1914.
c. 1965National Legal Aid and Defender Association

d.
e.
f.

g.

h.
i.

j.
k.
l.

i. National organization that promotes better legal representation for indigents in

civil and criminal cases
1. Reported programs in only 117 counties
Represents 70% of all indigents nationwide
Predominately in larger cities and medium-sized jurisdictions
17 states have established statewide, state-funded programs
i. Remaining public defender programs are funded by local units of government
and operate separately
Layers are paid to represent indigents on a continuous basis therefore devoting more
attention to cases more than a court-appointed attorney who receives minimal
compensation
Many members of the practicing bar like the idea that they no longer have to take time
away from fee-paying cases to meet their professional obligations
Provides more experienced, competent council
i. They can keep up with changes in the law and day-to-day courtroom work to
keep their skills heightened
ii. Knowledgeable about informal norms and is in a better position to counsel
defendants and negotiate the best possible deal
Ensures continuity and consistency in defense of our poor
Provide early representation, entering the case at the initial appearance, have criteria
for pretrial release, police practices, etc.
Are more likely to be considered permanent fixture in a case

I believe that the best system is a public defender. They are able to stay on the cases and consistently
meet with their clients. They know the practices better than the other two systems because they stay
within a region and are able to keep up with current laws and any changes that may be made to those
laws. In addition to that, they are able to stay with a defender through the whole court process.