Tag: Caseload

How public defenders struggle with ethical blindness

Pleading the Sixth: Do psychological factors force public defenders to rationalize sub-par performance in the face of excessive caseloads? And are these unconscious phenomena responsible for the failure to institutionalize caseload controls? These are just a few of the questions

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ABA clarifies caseload standards for South Carolina prosecutors

Pleading the Sixth: In October 2014, the prosecutors’ association in South Carolina released their 2015-2016 budget request, stating that prosecutors in that state carry 2.5 times the “criminal justice” caseload standards recommended by the American Bar Association (ABA) in seeking

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Sufficient time to ensure quality representation – ABA Principle 4

As the U.S. Supreme Court has made abundantly clear, the right to the assistance of counsel is the right to “effective” representation. But how is “effective” representation defined? How attorney-performance standards define minimum quality The U.S. Supreme Court has established

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Montana caseload challenge results in a significant increase in resources

Pleading the Sixth: In September 2013, the Montana Office of the State Public Defender filed a motion seeking to decline new cases in two courts of limited jurisdiction. Though the lower court found in October of that year that it

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Montana State Public Defender files motion to decline new cases

Pleading the Sixth: In September 2013, the Montana Office of the State Public Defender filed a motion seeking to decline new cases in two courts of limited jurisdiction. A hearing date set for early October was postponed when a city

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Why the State of California is responsible for the public defense crisis in Fresno County

Pleading the Sixth: In late September 2013, more than 80% of the public defenders in Fresno County, California signed a letter protesting their working conditions, and in particular their excessive caseloads. Though some counties in California are rightfully recognized for

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