Tag: independence – judicial interference

Oregon’s complex bureaucracy obscures just another fixed fee system

Pleading the Sixth: Oregon stands as a cautionary tale regarding indigent defense reform. Often extolled (including by this author) as a working model that provides effective public defense services through a statewide system of contracts, a new comprehensive evaluation by

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Indiana Task Force on Public Defense urges comprehensive reform

Pleading the Sixth: In October 2016, the 6AC released its evaluation of trial level right to counsel services in Indiana, detailing how and why the Indiana public defense system results in the actual and constructive denial of counsel to the indigent

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Federal committee recommends independence of the defense function

Pleading the Sixth: Kept under wraps since being issued in November 2017, the report of the committee appointed by U.S. Supreme Court Chief Justice Roberts to study the provision of the Sixth Amendment right to counsel in the federal courts

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Tennessee Supreme Court backs major right to counsel reforms

Pleading the Sixth: The Tennessee Supreme Court released a press statement announcing its unanimous support for comprehensive indigent defense reforms, including the creation of a statewide indigent defense commission and a state appellate defender office, and the first increase in

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Will the Virgin Islands finally end the practice of conscripting non-qualified lawyers to represent the indigent accused?

Pleading the Sixth: Although the Virgin Islands has a territorial public defender office, trial court administrative rules historically authorized judges to conscript any attorney barred in the territory – divorce lawyers and real estate lawyers included – to provide representation

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Flaws in West Virginia indigent defense system result in non-lawyer representing indigent defendants

Pleading the Sixth: In Logan County, West Virginia, a recent law school graduate who never passed the bar exam was allowed to represent the indigent accused in misdemeanor court. This is an obvious violation of the Sixth Amendment right to

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