ABA TEN PRINCIPLES OF A PUBLIC DEFENSE DELIVERY SYSTEM Copyright © 2002 American Bar Association.

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Presentation transcript:

ABA TEN PRINCIPLES OF A PUBLIC DEFENSE DELIVERY SYSTEM Copyright © 2002 American Bar Association

ABA TEN PRINCIPLES OF A PUBLIC DEFENSE DELIVERY SYSTEM _______________________________________________________________________________________________________________________ Approved by American Bar Association House of Delegates, February The American Bar Association recommends that jurisdictions use these Principles to assess promptly the needs of public defense delivery systems and clearly communicate those needs to policy makers.

ABA TEN PRINCIPLES OF A PUBLIC DEFENSE DELIVERY SYSTEM _______________________________________________________________________________________________________________________

The public defense function, including the selection, funding, and payment of defense counsel, is independent.

ABA TEN PRINCIPLES OF A PUBLIC DEFENSE DELIVERY SYSTEM _______________________________________________________________________________________________________________________ Where the caseload is sufficiently high, the public defense delivery system consists of both a defender office and the active participation of the private bar.

ABA TEN PRINCIPLES OF A PUBLIC DEFENSE DELIVERY SYSTEM _______________________________________________________________________________________________________________________ Clients are screened for eligibility, and defense counsel is assigned and notified of appointment, as soon as feasible after clients’ arrest, detention, or request for counsel.

ABA TEN PRINCIPLES OF A PUBLIC DEFENSE DELIVERY SYSTEM _______________________________________________________________________________________________________________________ Defense counsel is provided sufficient time and a confidential space within which to meet with the client.

ABA TEN PRINCIPLES OF A PUBLIC DEFENSE DELIVERY SYSTEM _______________________________________________________________________________________________________________________ Defense counsel’s workload is controlled to permit the rendering of quality representation.

ABA TEN PRINCIPLES OF A PUBLIC DEFENSE DELIVERY SYSTEM _______________________________________________________________________________________________________________________ Defense counsel’s ability, training, and experience match the complexity of the case.

ABA TEN PRINCIPLES OF A PUBLIC DEFENSE DELIVERY SYSTEM _______________________________________________________________________________________________________________________ The same attorney continuously represents the client until completion of the case.

ABA TEN PRINCIPLES OF A PUBLIC DEFENSE DELIVERY SYSTEM _______________________________________________________________________________________________________________________ There is parity between defense counsel and the prosecution with respect to resources and defense counsel is included as an equal partner in the justice system.

ABA TEN PRINCIPLES OF A PUBLIC DEFENSE DELIVERY SYSTEM _______________________________________________________________________________________________________________________ Defense counsel is provided with and required to attend continuing legal education.

ABA TEN PRINCIPLES OF A PUBLIC DEFENSE DELIVERY SYSTEM _______________________________________________________________________________________________________________________ Defense counsel is supervised and systematically reviewed for quality and efficiency according to nationally and locally adopted standards.

11th Principle: Michigan State Bar l “When there is a defender office, one function of the office will be to explore and advocate for programs that improve the system and reduce recidivism.” --Adopted on April 27, 2002