2013 National Survey of Indigent Defense Systems

2013 National Survey of Indigent Defense Systems

NSIDS Questionnaire

2013 National Survey of Indigent Defense Systems

OMB: 1121-0095

Document [pdf]
Download: pdf | pdf
OMB No. 1121-0339 Approval Expires

Form NSIDS-12

01/31/2016

U.S. Department of Justice
Bureau of Justice Statistics

NORC
RETURN 1 North State Street
16th Floor
TO
Chicago, IL 60602

(NORC acting as data collection agent)

2013 National Survey of Indigent Defense Systems
(Please correct any errors in your agency’s name and address by writing the corrected information below.)

To complete via the web: <>	

To return via fax: XXX-XXX-XXXX

INFORMATION SUPPLIED BY
NAME
TELEPHONE

TITLE
Area Code

Number

Extension

FAX

Area Code

Number

EMAIL ADDRESS

The 2013 National Survey of Indigent Defense Systems collects information about all county and state indigent defense
delivery methods providing primary and conflict case representation. These include Governmental Public Defender Offices,
Governmental Public Defender Conflict Offices, Non-Governmental Public Defender Offices, Contract Attorneys and Assigned/
Appointed Counsel. This survey will not collect information on city, municipal or town based systems
Which delivery methods does your indigent defense system utilize? (Please mark all that apply.)
1	

Governmental Public Defender Offices

2	

Governmental Public Defender Conflict Offices

3	

Non-Governmental Public Defender Offices

4	

Contract Attorneys

5	

Assigned/Appointed Counsel

If you have any questions, please e-mail NORC at [email protected] or call 1-877-346-5354 before proceeding with the survey.

BURDEN STATEMENT
Federal agencies may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information, unless it displays a
currently valid OMB Control Number. Public reporting burden for this collection of information is estimated to average 3 hours per response, including time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate, or any other aspects of this collection of information, including suggestions for reducing this burden, to the Director, Bureau
of Justice Statistics, 810 Seventh Street, NW, Washington, DC 20531. The Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 USC 3732),
authorizes this information collection. Although this survey is voluntary, we urgently need and appreciate your cooperation to make the results comprehensive,
accurate, and timely.

INSTRUCTIONS FOR COMPLETING THE 2013 NATIONAL SURVEY OF INDIGENT DEFENSE SYSTEMS
For the purposes of this survey, an Indigent Defense System is the system created under your State’s law for the purpose of providing
representation in your jurisdiction to those who cannot afford to hire their own attorney and are entitled to constitutionally protected
representation or risk the loss of liberty.
1.	 Timeframe. The reference period for this survey is fiscal year 2013. Please refer to your indigent defense system’s 2013 fiscal year in
answering all questions on this survey.
2.	 Definitions. For purposes of this survey, the following terms mean:
	

Governmental Public Defender Office(s): provides representation to indigent clients through a publicly operated governmental
office(s) where staff are government employees. This does not include offices operated as 501(c)(3) non-profit law firms.

	

Governmental Public Defender Conflict Office(s): provides alternative representation to indigent clients in cases where legal conflicts
exist or for other administrative reason through a publicly operated governmental office where staff are government employees. This
does not include offices operated as 501(c)(3) non-profit law firms.

	

Non-Governmental Public Defender Office(s): provides representation to indigent clients through written contracts between some
governmental entity and a non-profit corporation, bar association or other such non-profit organization, who receive cases and are paid
pursuant to the terms of the contract. These entities often operate as 501(c)(3) non-profit law firms.

	

Contract Attorney(s): provides representation to indigent clients through written contracts or other agreements between a
governmental entity and one or more private attorneys or law firms that operate for-profit, who receive cases and are paid pursuant to
the terms of a written contract.

	

Assigned/Appointed Counsel: provides representation to indigent clients through individual attorneys or law firms. These attorneys
are assigned or appointed on a case-by-case basis and are generally paid by the case on an hourly basis or a flat rate.
Client: any person in need of legal representation who has applied for or who has been deemed appropriate to receive available
services which are provided by the indigent defense agency, office or authorized representative.
Application Fee: any fee assessed against the client or his/her guardian that is required in order to initiate the application process
required to receive legal services. The application fee should be distinguished from legal fees that may also be imposed as the result of
legal and other support services that are rendered and billed at the time of disposition.
Services: any legal or other required support service required in order to effectively represent the client including but not limited to the
use of investigators, medical and mental health professionals, interpreters, transcribers, social workers, polygraphers, forensic experts,
mitigation specialists and any other necessary expert or service.
Continuing Legal Education (CLE): also known as mandatory or minimum continuing legal education (MCLE) is regular and
continuous professional education of lawyers that takes place after their admission to the State Bar. Each State sets its own standards
and in general a specific number of training hours are required in a given period of time in order to maintain their license to practice law.
Professional Development: any additional legal education and training which helps to maintain, develop or increase legal knowledge,
technique or professional performance. Such training or development may include formal or informal educational forums (e.g. lunch
time-courses, in-office collaborations, conferences and workshops, as well as independent or self-directed activities such as webinars).

3.	 General Information. Throughout the survey, we request information about your indigent defense system in fiscal year 2013 on various
topics. If your indigent defense system did not keep track of the requested information in the normal course of business, then we do not
expect you to gather and provide this information – rather, for the pertinent question, you may answer that your system did not track this
information. If your system did keep track of the requested information in the normal course of business, but that information is available
from another person in your jurisdiction, please make a reasonable attempt to obtain the information from that person and provide the
answer on this survey. If you believe this survey in its entirety should be directed to a different person in your jurisdiction or if you have
any questions or need assistance in completing the survey, please e-mail NORC at [email protected] or call 1-877-346-5354.

2

Section A – General Information
A1.	 The reference period for this survey is fiscal year 2013. What was your indigent defense system’s fiscal year for 2013?
1	

Calendar Year (January 1, 2013 to December 31, 2013)

2	

Fiscal year starting on July 1, 2012 and ending on June 30, 2013

3	

Other

(Please indicate the dates of your 2013 fiscal year):
/

	 Month 	

/
Day	

to
Year 	

/
Month 	

/
Day 	

Year

A2.	 What is the geographic jurisdiction served by your indigent defense system? (Mark only one.)
1	

Judicial District/Circuit. (list name of Judicial District/Circuit): ____________________________________(and names of counties included): ____________________________________

2	

Multiple Counties. (list names of counties): ____________________________________

3	

Entire Single County. (write name of county): ____________________________________

4	

Part of a Single County (e.g., city or town). (write name of county): ___________________________________ (and name(s) of part of county served): ___________________________

5	

Statewide.

A3. 	 Your indigent defense system is part of which branch of government? (Mark only one.)
1	

County judicial branch

2	

County executive branch

3	

State judicial branch

4	

State executive branch

5	

Other (Specify): __________________________________.

For the remainder of the questionnaire, please complete the columns for only those delivery methods used in your indigent defense system. You are not expected to fill
in all columns.

3

Section B – Fiscal Information
B1. 	In fiscal year 2013, how much did your indigent defense system spend on total operating expenditures excluding non-recurring, fixed capital costs such as building construction and
major equipment purchases? (Please provide the actual number for each delivery method used in your system. If none, enter “0”. If you are unable to provide the actual number, please provide
your best estimate and mark the estimate box.)
	Operating Expenditures are defined as all recurring fixed and variable costs associated with the management and administration of your indigent defense system.  It does not include non-recurring
fixed capital costs such as building construction and major equipment purchases.  For Contract Attorney or Assigned/Appointed Counsel, include all operating costs associated with the delivery of
those methods within your indigent defense system – including the actual attorney fees.

Total operating expenditures:

Governmental Public
Defender Office(s)

Governmental Public
Defender Conflict Office(s)

Non-Governmental Public
Defender Office(s)

Contract Attorney(s)

Assigned/Appointed
Counsel

$__________________.00

$__________________.00

$__________________.00

$__________________.00

$__________________.00

Estimate

Estimate

Estimate

Estimate

Estimate

B2. 	In fiscal year 2013, how much did your indigent defense system spend on personnel costs, including salaries and benefits? (Please provide the actual number for each delivery method
used in your system. If none, enter “0”. If you are unable to provide the actual number, please provide your best estimate and mark the estimate box.)
	
Personnel Costs are defined as salaries and benefits of all full-time and part time personnel associated with the management and administration of your indigent defense system. For Contract
Attorney or Assigned/Appointed Counsel, include only the personnel costs associated with the oversight and management of those delivery methods within your indigent defense system – not the
actual attorney fees.

Total personnel costs:

Governmental Public
Defender Office(s)

Governmental Public
Defender Conflict Office(s)

Non-Governmental Public
Defender Office(s)

Contract Attorney(s)

Assigned/Appointed
Counsel

$__________________.00

$__________________.00

$__________________.00

$__________________.00

$__________________.00

Estimate

Estimate

Estimate

Estimate

Estimate

B3. 	In fiscal year 2013, how much did your indigent defense system receive in total revenue from all sources? (Please provide the actual number for each delivery method used in your system. If
none, enter “0”. If you are unable to provide the actual number, please provide your best estimate and mark the estimate box.)
	
Revenue is defined as any funds generated or collected by the indigent defense system including but not limited to administrative or client fees collected for legal services provided, application,
assessments or processing fees collected for the delivery of legal, expert, investigative or transcription services provided, any fee recouped or collected through client billing or lien, or other such
revenue collected.

Total revenues from all
sources:

Governmental Public
Defender Office(s)

Governmental Public
Defender Conflict Office(s)

Non-Governmental Public
Defender Office(s)

Contract Attorney(s)

Assigned/Appointed
Counsel

$__________________.00

$__________________.00

$__________________.00

$__________________.00

$__________________.00

Estimate

Estimate

Estimate

Estimate

Estimate

B4. 	 In fiscal year 2013, how much revenue did your indigent defense system receive from each of the following sources? (Please provide the actual number for each delivery method used in
your system. If none, enter “0”. If you are unable to provide the actual number, please provide your best estimate and mark the estimate box.)
Check this box if your indigent defense system did not track revenues by source in fiscal year 2013 and it is not possible to provide an estimate.

a.	State.................................................................

Governmental Public
Defender Office(s)

Governmental Public
Defender Conflict Office(s)

Non-Governmental Public
Defender Office(s)

Contract Attorney(s)

Assigned/Appointed
Counsel

$_______________.00

$_______________.00

$_______________.00

$_______________.00

$_______________.00

Estimate
$_______________.00

b.	County.............................................................

Estimate
$_______________.00

c.	City or town....................................................
d.	Federal government (including Byrne
Justice Assistance Grants)...........................

Estimate
$_______________.00
Estimate
$_______________.00

e.	Grants from private funders..........................
f.	Application fees paid
by clients.........................................................
g.	Assessments paid by clients,
also known as recoupment...........................
h.	Other (Specify):
____________________________________

Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate

Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate

4

Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate

Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate

Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate
$_______________.00
Estimate

For questions B5 to B7, please provide an answer for each representation delivery method used in your system.
Governmental Public
Defender Office(s)
B5. Are clients asked to pay an
application fee in order to
receive a publicly financed
attorney?

1

Yes

2

No

B6. What is the amount of the
application fee that clients
are asked to pay?
B7. E
 xcluding application fees,
are clients required to pay
for legal and support
services?

S
 kip to B7

Governmental Public
Defender Conflict Office(s)
1

Yes

2

No

$______________.00

Non-Governmental Public
Defender Office(s)

S
 kip to B7

1

Yes

2

No

$______________.00

S
 kip to B7

Contract Attorney(s)

Assigned/Appointed Counsel

1

Yes

1

Yes

2

No

2

No

$______________.00

S
 kip to B7

$______________.00

S
 kip to B7

$______________.00

1

Yes, ALL clients required
to pay

1

Yes, ALL clients required
to pay

1

Yes, ALL clients required
to pay

1

Yes, ALL clients required
to pay

1

Yes, ALL clients required
to pay

2

Yes, based on client
ABILITY to pay

2

Yes, based on client
ABILITY to pay

2

Yes, based on client
ABILITY to pay

2

Yes, based on client
ABILITY to pay

2

Yes, based on client
ABILITY to pay

3

No

3

No

3

No

3

No

3

No

Section C – Case Types, Caseloads, and Conflicts
Use the following definition of a case to complete all survey items referring to a case. If your system does not track individual clients please estimate the number and check the “estimate”
box. Definition of a case: A case is a set of all charges against a single defendant that are handled by the court as a single matter. A case refers to a defendant. A case with three defendants
should be recorded as three cases but a case with one defendant with multiple charges should be counted as one case.
C1.	Within your indigent defense system, please indicate all of the case type(s) for which counsel is provided.
(Mark the box for each type of case represented by each delivery method used in your system.)
Check this box if your indigent defense system did not track the types of representation provided in fiscal year 2013.
Governmental Public
Defender Office(s)

Governmental Public Non-Governmental
Assigned/Appointed
Defender Conflict
Public Defender
Contract Attorney(s)
Counsel
Office(s)
Office(s)

ADULT TRIAL-LEVEL CRIMINAL CASES:
a.	Capital..................................................................................................................

1

2

3

4

5

b.	 Felony (non-capital)............................................................................................

1

2

3

4

5

c.	Misdemeanor.......................................................................................................

1

2

3

4

5

d.	Delinquency.........................................................................................................

1

2

3

4

5

e.	 Status Offenses...................................................................................................

1

2

3

4

5

f.	 Adult Capital........................................................................................................

1

2

3

4

5

g.	 Adult Felony (non-capital) .................................................................................

1

2

3

4

5

h.	 Adult Misdemeanor.............................................................................................

1

2

3

4

5

1

2

3

4

5

1

2

3

4

5

k.	Other Criminal Proceedings (including extradition, witness representation,
criminal contempt of court or tribal proceedings)..................................................

1

2

3

4

5

l.	Therapeutic Treatment Courts: (including Drug Court, DUI/DWI, Mental
health, Juvenile Treatment, Family Treatment, Veterans Domestic Violence and
Wellness Courts)...................................................................................................

1

2

3

4

5

m.	Civil involving underlying criminal matters: (including sex offender registry
proceedings, commitments based on sexually dangerous predator,
commitments based on mental health).................................................................

1

2

3

4

5

n.	Civil involving underlying family matters: (including adults in dependency/
abuse and neglect cases, termination of parental rights, child support
proceedings, child custody proceedings, guardianship).......................................

1

2

3

4

5

JUVENILE TRIAL-LEVEL CASES:

APPEALS (CASES IN APPELLATE COURTS):

OTHER CASE TYPES
i.	 Probation/Parole Revocation/Violation.............................................................
j.	 State Habeas Corpus/Post-Conviction.............................................................

5

C3.	How many cases did your indigent defense system close in 2013? (Please provide the actual number for each delivery method used in your system. If none, enter “0”. If you are unable to
provide the actual number, please provide your best estimate and mark the estimate box.)
Governmental Public Defender Governmental Public Defender
Office(s)
Conflict Office(s)
Indigent Defense Cases:

_____________

Non-Governmental Public
Defender Office(s)

Contract Attorney(s)

Assigned/Appointed Counsel

_____________

_____________

_____________

_____________

Estimate

Estimate

Estimate

Estimate

Estimate

C4.	 How many of the following types of cases did your indigent defense system close in 2013? (Please provide the actual number for each delivery method used in your system. If none, enter “0”.
If you are unable to provide the actual number, please provide your best estimate and mark the estimate box. Any cases that you cannot classify under an existing case type should be included in
Other, cannot classify.)
Check this box if your indigent defense system did not track the number for each case type received in fiscal year 2013 and it is not possible to provide an estimate.
Governmental Public
Defender Office(s)

Governmental Public
Defender Conflict
Office(s)

Non-Governmental
Public Defender
Office(s)

Contract Attorney(s)

Assigned/Appointed
Counsel

a.	Capital...........................................................................................................

_____________
Estimate

_____________
Estimate

_____________
Estimate

_____________
Estimate

_____________
Estimate

b.	 Felony (non-capital).....................................................................................

_____________
Estimate

_____________
Estimate

_____________
Estimate

_____________
Estimate

_____________
Estimate

c.	Misdemeanor................................................................................................

_____________
Estimate

_____________
Estimate

_____________
Estimate

_____________
Estimate

_____________
Estimate

d.	 Probation/Parole Revocation/Violation......................................................

_____________
Estimate

______________
Estimate

_____________
Estimate

______________
Estimate

_____________
Estimate

e.	Appeals.........................................................................................................

_____________

_____________

_____________

_____________

_____________

CASE TYPE:

Estimate
f.	Total Juvenile-Related (including juvenile delinquency, status offenses,
transfer/waiver hearings, juvenile appeals, educational proceedings, or
probation/parole revocations).........................................................................
g.	Total Civil Proceedings (including mental health commitments, state
post-conviction/habeas corpus, federal habeas corpus, child protection
dependency, termination of parental rights, civil commitment of sexually
violent predators, sex offender registry proceedings, therapeutic treatment
courts)............................................................................................................
h.	Other Criminal Proceedings (including extradition, witness
representation, criminal contempt of court or tribal proceedings)..................

Estimate

Estimate

Estimate

_____________
Estimate

_____________
Estimate

_____________
Estimate

_____________
Estimate

_____________
Estimate

_____________

_____________

_____________

_____________

_____________

Estimate

Estimate

_____________

_____________

Estimate
i.	 Other, cannot classify..................................................................................

Estimate

Estimate

_____________

_____________

Estimate

Estimate

6

Estimate
_____________
Estimate
_____________
Estimate

Estimate
_____________
Estimate
_____________
Estimate

Estimate
_____________
Estimate
_____________
Estimate

For questions C5 to C9, please provide an answer for each representation delivery method used in your system.
Governmental Public
Defender Office(s)
C5. Do you have formally
established caseload or
workload limits for
attorneys?	

1

Yes

2

No

3

Varies by office

Skip to C7

C5a. A
 re these limits
mandatory or advisory
only?

C6. Are attorneys allowed to
refuse appointment to
additional cases due to
case overload?	

C7. Do you monitor the
number of outside cases
handled by attorneys each
year (i.e. private pay
clients or cases for which
the attorney accepts
appointment from other
indigent defense
systems)?	
C8. Do you have formally
established guidelines
defining when an attorney
cannot provide
representation due to a
conflict of interest?	

C9. If an attorney cannot
provide representation
due to a conflict of
interest, how is a conflict
attorney obtained?
(Mark all that apply.)	

Governmental Public
Defender Conflict Office(s)
1

Yes

2

No

3

Varies by office

Non-Governmental Public
Defender Office(s)

Skip to C7

C5a. A
 re these limits
mandatory or advisory
only?

1

Yes

2

No

3

Varies by office

Contract Attorney(s)

Skip to C7

C5a. A
 re these limits
mandatory or advisory
only?

1

Yes

2

No

3

Varies by attorney

Assigned/Appointed Counsel
1

Skip to C7

C5a. A
 re these limits
mandatory or advisory
only?

Yes
Skip to C7

2

No

3

Varies by attorney

C5a. A
 re these limits
mandatory or advisory
only?

1

Mandatory

1

Mandatory

1

Mandatory

1

Mandatory

1

Mandatory

2

Advisory only

2

Advisory only

2

Advisory only

2

Advisory only

2

Advisory only

1

Yes

1

Yes

1

Yes

1

Yes

1

Yes

No

2

No

2

No

2

2

No

3

Varies by office

3

Varies by office

3

Varies by office

3

Varies by attorney

3

Varies by Assigned/
Appointed Counsel

1

Yes

1

Yes

1

Yes

1

Yes

2

No

2

No

2

No

2

No

1

Yes

3

Varies by office

3

Varies by office

3

Varies by office

3

Varies by attorney

2

No

4

 utside practice not
O
authorized

4

 utside practice not
O
authorized

4

 rivate practice not
P
authorized

4

 utside practice not
O
authorized

3

Varies by Assigned/
Appointed Counsel

1

Yes

1

Yes

1

Yes

1

Yes

1

Yes

2

No

2

No

2

No

2

No

3

Varies by office

3

Varies by office

3

Varies by office

3

Varies by attorney

2

Skip to D1

C8a. A
 re these limits
mandatory or advisory
only?

Skip to D1

C8a. Are these limits
mandatory or advisory
only?

Skip to D1

C8a. A
 re these limits
mandatory or advisory
only?

No

Skip to D1

C8a. Are these limits
mandatory or advisory
only?

Skip to D1

2

No

3

 aries by Assigned/
V
Appointed Counsel

C8a. A
 re these limits
mandatory or advisory
only?

1

Mandatory

1

Mandatory

1

Mandatory

1

Mandatory

1

Mandatory

2

Advisory only

2

Advisory only

2

Advisory only

2

Advisory only

2

Advisory only

1

Public defender appoints
assigned counsel

1

Conflict office appoints
assigned counsel

1

Office appoints assigned
counsel

2

Case is returned to the
Court for reassignment

2

Case is returned to the
Court for reassignment

2

Case is returned to the
Court for reassignment

3

 ifferent attorney in same
D
office, with ethical screen
established

3

 ifferent attorney in same
D
office, with ethical screen
established

3

Case re-assigned to
another local public
defender office

4

Case re-assigned to
another local public
defender office

4

Case re-assigned to state
or local conflict defender
office

5

Case sent to attorney or
law firm under contract

5

4

5

6

 ase sent to state conflict
C
public defender office

7

 ase sent to contracts
C
administrator

8

Case sent to attorney or
law firm under contract

9

Other (Specify):
___________________

6

7

8

Case sent to contracts
administrator

 ifferent attorney in same
D
office, with ethical screen
established
Case re-assigned to
another local public
defender office
Case re-assigned to state
or local conflict defender
office

6

 ase sent to assigned
C
counsel system
administrator

Case sent to attorney or
law firm under contract

7

 ase sent to contracts
C
administrator

Other (Specify):

8

Case sent to assigned
counsel system
administrator

9

Other (Specify):

___________________
___________________

___________________

___________________

___________________

7

1

Case re-assigned to
another local public
defender office

2

Case is returned to the
Court for reassignment

3

4

5

 ase sent to contracts
C
administrator
Case re-assigned to
another attorney or law
firm under contract to
provide conflict
representation
 ifferent attorney under
D
same contract, with ethical
screen established

6

Case sent to assigned
counsel system
administrator

7

Case sent to state conflict
public defender office

8

Other (Specify):
___________________
___________________

1

Case is returned to
assigned counsel system
administrator for
reassignment 

2

Case is returned to the
Court for reassignment 

3

Case returned to public
defender office 

4

Case is sent to state or
local conflict public
defender office 

5

Other (Specify):
___________________
___________________

Section D – Personnel & Compensation
D1.	 How many of the following types of personnel were paid by your indigent defense system in 2013? “Part-time” refers to any person who: works fewer hours than the system’s standard
work week; devotes any portion of the standard work week of hours to anything other than the indigent defense system; or is permitted to provide representation to clients outside of
the indigent defense system (e.g., private pay clients, providing representation in other indigent defense systems, etc.). (Please provide the actual number for each delivery method used in
your system. If none, enter “0”. If you are unable to provide the actual number, please provide your best estimate and mark the estimate box.)
Check this box if your indigent defense system did not track the types of individuals who provided services in 2013 and it is not possible to provide an estimate.
Governmental Public
Defender Office(s)
Full-Time

Part-Time

Governmental Public Non-Governmental Public
Defender Conflict Office(s)
Defender Office(s)
Full-Time

Part-Time

Full-Time

Part-Time

Contract Attorney(s)
Full-Time

Part-Time

Assigned/Appointed
Counsel
Full-Time

Part-Time

a.	 Chief Executive(s) (the head who is responsible for

system operations, such as Chief Public Defender,
___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________
Contracts Administrator, Assigned Counsel
Administrator, etc.)..........................................................
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate

ATTORNEYS EMPLOYED BY PUBLIC DEFENDER
OFFICE(S):
b.	 Managing Attorney(s) (attorneys in primarily
managerial positions who do not litigate cases)............
c.	 Supervisory Attorney(s) (attorneys in managerial
positions who also litigate cases)...................................

___________ ___________ ___________ ___________ ___________ ___________
Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

d.	 Line Attorney(s) (attorneys or those who have applied
___________ ___________ ___________ ___________ ___________ ___________
for admission to the bar, who primarily litigate cases;
exclude those counted as Managing or Supervisory)....
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
OTHER ATTORNEYS:
e.	
Attorneys paid under contract(s) to
represent clients...........................................................
f.	 A
 ttorneys paid under assignment(s)/
appointment(s) to represent individual clients.........
NON-ATTORNEY SUPPORT:
g.	 Investigator(s)...............................................................
h.	 S
 ocial Workers/Mitigation Specialists/Sentencing
Advocates.....................................................................

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________
Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

___________ ___________ ___________ ___________ ___________ ___________
Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

___________ ___________ ___________ ___________ ___________ ___________
Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

___________ ___________ ___________ ___________ ___________ ___________
Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

___________ ___________ ___________ ___________ ___________ ___________
i.	 Paralegal(s)...................................................................

N/A

Estimate

___________ ___________ ___________ ___________ ___________ ___________
Estimate

N/A

Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

N/A

N/A

N/A

___________ ___________
Estimate

Estimate

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

___________ ___________ ___________ ___________ ___________ ___________
j.	 Intern(s)/Law Clerks.....................................................

k.	 T
 raining personnel (all personnel whose primary role is
to provide training, and who do not litigate cases).........

Estimate

Estimate

Estimate

Estimate

Estimate

N/A
N/A
N/A
Estimate
Only include staff provided by the state or county.
Do not include personnel working in private law firms.

N/A

___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________
Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

l.	
Indigency Screener(s)/ Analyst(s) (those who
___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________
determine whether clients are eligible for public
representation)...............................................................
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
m.	Clerical staff (legal secretarial
___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________
support/briefs, file clerks, data entry, opening and
closing files, receptionists, mail clerks, copy).................
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
n.	
Administrative staff (administrative assistants,
Human Resources, Personnel Officers, Technology,
___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________
Librarian, Administrative Assistants, Finance, Billing,
Operations, Facilities).....................................................
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________
o.	
Other (all personnel not accounted for above)..............

Estimate

Estimate

Estimate

D1a.	Does your indigent defense system conduct regular attorney performance reviews?
1	

Yes

2	

No

8

Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

D2.	 How many personnel were paid by your indigent defense system in 2013? “Part-time” refers to any person who: works fewer hours than the system’s standard work week; devotes any
portion of the standard work week of hours to anything other than the indigent defense system; or is permitted to provide representation to clients outside of the indigent defense
system (e.g., private pay clients, providing representation in other indigent defense systems, etc.). (Please provide the actual number for each delivery method used in your system. If none,
enter “0”. If you are unable to provide the actual number, please provide your best estimate and mark the estimate box.)

Total Paid Personnel

Governmental Public
Defender Office(s)
Full-Time
Part-Time

Governmental Public
Defender Conflict Office(s)
Full-Time
Part-Time

Non-Governmental Public
Defender Office(s)
Full-Time
Part-Time

Full-Time

Part-Time

Full-Time

Part-Time

_________

_________

_________

_________

_________

_________

_________

_________

_________

_________

Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

Estimate

Contract Attorney(s)

Assigned/Appointed Counsel

D2a.	Are attorneys reimbursed for case related out-of-pocket expenses?
1	

Yes

2	

No

D3.	 Please enter your system’s salary ranges at the end of fiscal year 2013 for the following positions.
Governmental Public Defender Governmental Public Defender
Non-Governmental Public
Office(s)
Conflict Office(s)
Defender Office(s)
Minimum
Maximum
Minimum
Maximum
Minimum
Maximum

Contract Attorney(s)
Minimum

Maximum

Assigned/Appointed Counsel
Minimum

Maximum

a.	Managing
Attorney (primarily
managerial
$__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00
positions who do
not litigate cases)...
No such position
No such position
No such position
No such position
No such position
b.	Supervisory
Attorney
(managerial
$__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00
positions who also
litigate cases).........
No such position
No such position
No such position
No such position
No such position

c.	Line Attorney,
entry level............. $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00
No such position

No such position

No such position

No such position

No such position

d.	Line Attorney,
with 5 years or
$__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00
less experience....
No such position
No such position
No such position
No such position
No such position
e.	Line attorney, with
6 years or more
$__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00 $__________.00
experience............
No such position
No such position
No such position
No such position
No such position

9

Governmental Public Defender Offices

Non-Governmental Public Defender Offices

Questions D4 – D5 apply ONLY to systems that use Governmental Public Defender Office(s)
as a representation delivery system. If you do not use Governmental Public Defender
Office(s), please Skip to D6.

Questions D8-D9 apply ONLY to systems that use Non-Governmental Public Defender
Offices as a representation delivery method. If you do not use Non-Governmental Public
Defender Offices, please skip to D10.

D4.	 Who is the final authority in the selection of the Chief Public Defender(s)?
(Please refer to the Chief Executive(s) identified for the Public Defender Office(s) in D1a.
Mark only one.)

D8.	 Who is the final authority in the selection of the Contracts System Administrator or
chief executive position responsible for overseeing the Non-Governmental Public
Defender Offices?

1	

Publicly elected

1	

Appointed by the Public Defender

2	

Appointed by statewide board or commission

2	

Appointed by statewide board or commission

3	

Appointed by state bar association

3	

Appointed by state bar association

4	

Appointed by Governor

4	

Appointed by Governor

5	

Appointed by state’s highest Court (other than through Administrative Office)

5	

Appointed by state’s highest Court (other than through Administrative Office)

6	

Appointed by Administrative Office of the courts

6	

Appointed by Administrative Office of the courts

7	

Appointed by local board or commission

7	

Appointed by local board or commission

8	

Appointed by local bar association

8	

Appointed by local bar association

9	

Appointed by county executive or executive branch office

9	

Appointed by county executive or executive branch office

10	

Appointed by county legislature or legislative branch office

10	

Appointed by county legislature or legislative branch office

11	

Appointed by county judiciary or judicial office

11	

Appointed by county judiciary or judicial office

12	

Other (Specify): __________________________________.

12	

Other (Specify): __________________________________.

D5.	 Is there a specified term of office for the Chief Public Defender(s)?
1	

Yes

2	

No

D9.	 Is there a specified term of office for the Chief Public Defender or Executive
overseeing the Non-Governmental Public Defender Office?

(Specify term): ___________ years

1	

Yes

2	

No

Governmental Public Defender Conflict Offices

(Specify term): ___________ years

Contract Attorneys

Questions D6-D7 apply ONLY to systems that use Governmental Public Defender Conflict
Offices as a representation delivery method. If you do not use Governmental Public
Defender Conflict Offices, please skip to D8.

Questions D10-D16 apply ONLY to systems that use Contract Attorneys as a representation
delivery method. If you do not use Contract Attorneys, please skip to D17.
D10. Who is the final authority in the selection of the Contracts System Administrator or
chief executive position responsible for overseeing the contract attorney system?
(Please refer to the Chief Executive(s) identified for the Contract Attorney(s) in D1a. Mark
only one.)

D6.	 Who is the final authority in the selection of the Chief Public Defender(s) for conflict
offices? (Please refer to the Chief Executive(s) identified for the head of the Conflict Public
Defender Office(s) in D1a. Mark only one.)
1	

Publicly elected

1	

Appointed by the Public Defender

2	

Appointed by the Public Defender

2	

Appointed by statewide board or commission

3	

Appointed by statewide board or commission

3	

Appointed by state bar association

4	

Appointed by state bar association

4	

Appointed by Governor

5	

Appointed by Governor

5	

Appointed by state’s highest Court (other than through Administrative Office)

6	

Appointed by state’s highest Court (other than through Administrative Office)

6	

Appointed by Administrative Office of the courts

7	

Appointed by Administrative Office of the courts

7	

Appointed by local board or commission

8	

Appointed by local board or commission

8	

Appointed by local bar association

9	

Appointed by local bar association

9	

Appointed by county executive or executive branch office

10	

Appointed by county executive or executive branch office

10	

Appointed by county legislature or legislative branch office

11	

Appointed by county legislature or legislative branch office

11	

Appointed by county judiciary or judicial office

12	

Appointed by country judiciary or judicial office

12	

Other (Specify): __________________________________.

13	

Other (Specify): __________________________________.

D11.	Is there a specified term of office for the Contracts System Administrator or chief
executive position responsible for overseeing the contract attorney system (i.e., the
Chief Executive(s) identified in D1a)?

D7.	 Is there a specified term of office for the Chief Public Defender overseeing the
Governmental Public Defender Conflict Office?
1	

Yes

2	

No

(Specify term): ___________ years

1	

Yes

2	

No

(Specify term): ___________ years

D12.	Who is the Contracting Authority (e.g. the party with authority to enter into a contract
and to obligate public funds under contractual terms)?

10

1	

The Public Defender agency or executive

2	

Court or Court Administrator

3	

County Executive or Administrator

4	

Legislative body or authority

5	

Other (Specify): __________________________________.

Assigned/Appointed Counsel

D13. During this fiscal period, how many separate written contracts were administered in
your indigent defense system?

Questions D17-D23 apply ONLY to systems that use Assigned/Appointed Counsel as a
representation delivery method. If you do not use Assigned/Appointed Counsel, please skip
to E1.

_______ Total number of written contracts
D14. Was the contract awarding process competitive?
1	

Yes

2	

No

3	

Varies by Contract

D17.	Who is the final authority in the selection of the Assigned Counsel Administrator or
chief executive position responsible for overseeing the assigned/appointed Counsel
system? (Please refer to the Chief Executive(s) identified for the Assigned/Appointed
Counsel system in D1a. Mark only one.)

D15. How do you determine the rate of pay for contracts?
1	

Flat rate

2	

Per case

3	

Varies by Contract (Specify): __________________________________

D16. Please indicate how your contract attorneys are paid for the following case types.
(If the pay rates are the same for all case types, complete the first row only.)
Case Type

Pay Rate
(check one)

Enter Amount

Circle
time-frame



$____________

Month, Year

Flat Rate
a.	All cases are paid
the same rate..........



Per Case

$____________

Varies by Contract, (Specify):

b.	Misdemeanors........

$____________




Per Case

Month, Year

$____________

Varies by Contract, (Specify):

c.	Felony......................

$____________




Per Case

Month, Year

$____________

Varies by Contract, (Specify):

d.	 Capital Cases..........

$____________



Per Case



Appointed by Governor

4	

Appointed by Executive or Chief Public Defender

5	

Appointed by state’s highest Court (other than through Administrative Office)

6	

Appointed by Administrative Office of the courts

7	

Appointed by local board or commission

8	

Appointed by local bar association

9	

Appointed by county executive or executive branch office

10	

Appointed by county legislature or legislative branch office

11	

Appointed by county judiciary or judicial office

12	

Other (Specify): __________________________________

1	

Yes

2	

No

Case Type

___________________
Flat Rate

Appointed by state bar association

3	

(Specify term): ___________ years

D19. Please provide the Assigned/Appointed Counsel hourly rate for in court and out of
court representation. If the hourly rate differs within a case type, provide the average
hourly rate and mark the average box. (If the pay rates are the same for all case
types, complete the first row only. If your system does not compensate attorneys on
an hourly basis, mark the box for Not paid by the hour and specify how Assigned/
Appointed Counsel are paid.)

___________________
Flat Rate

Appointed by statewide board or commission

2	

D18.	Is there a specified term of office for the Assigned Counsel Administrator or chief
executive position responsible for overseeing the Assigned/Appointed Counsel
system (i.e., the Chief Executive(s) identified in D1a)?

___________________
Flat Rate

1	

a.	All cases are
paid the same
rate.....................

Month, Year

$____________

Varies by Contract, (Specify):

In Court Hourly Rate

$____________.00

Average

Out of Court Hourly Rate

$____________.00

Average

N
 ot paid by the hour, specify:

N
 ot paid by the hour, specify:

_______________________

_______________________

___________________
Flat Rate
e.	Juvenile-Related.....

Per Case

$____________




Month, Year

b.	Misdemeanors..

$____________

Varies by Contract, (Specify):

$____________.00

Average

$____________.00

Average

N
 ot paid by the hour, specify:

N
 ot paid by the hour, specify:

_______________________

_______________________

___________________
c.	Felony................

d.	Capital Cases....

e.	Juvenile.............

11

$____________.00

Average

$____________.00

Average

N
 ot paid by the hour, specify:

N
 ot paid by the hour, specify:

_______________________

_______________________

$____________.00

Average

$____________.00

Average

N
 ot paid by the hour, specify:

N
 ot paid by the hour, specify:

_______________________

_______________________

$____________.00

Average

$____________.00

Average

N
 ot paid by the hour, specify:

N
 ot paid by the hour, specify:

_______________________

_______________________

D20. What is the maximum amount that can be billed by each Assigned/Appointed Counsel
per day? (If there is no maximum amount that can be billed, check the No Maximum box.)

Section E – Indigency Determinations

$_______________

E1.	 Do you have formally established guidelines defining when a person is indigent (i.e.,
financially eligible to receive publicly financed counsel)?

No Maximum
D21. Which of the following best describes your Assigned/Appointed Counsel system?
(Mark only one.)
1	

Each judge maintains a list of attorneys who have agreed to provide representation
in cases before that judge.

2	

Each court maintains a list, on behalf of all judges within it, of attorneys who have
agreed to provide representation in cases before the court.

3	

An Assigned Counsel Administrator maintains a list, on behalf of all courts, of
attorneys who have agreed to provide representation to indigent clients.

4	

 Public Defender Office maintains a list, on behalf of all courts, of attorneys who
A
have agreed to provide representation to indigent clients.

5	

A managed assigned counsel program administered by a 501 c-3 or other non-profit
organization (i.e. bar association)

6	

 he Commission overseeing the indigent defense system maintains a list, on behalf
T
of all courts of attorneys who have agreed to provide representation to indigent
clients

7	

Apply and meet formal qualifications established for Assigned/Appointed Counsel
system attorneys

2	

Volunteer and be approved by the position that maintains the list

3	

All attorneys are added to list upon request

4	

All attorneys in local bar are automatically included

5	

Other (Specify): __________________________________.

No

Yes

D22. How does an attorney become included on the Assigned/Appointed Counsel list of
attorneys that provide representation to the indigent clients? (Mark only one.)
1	

Yes

2	

E2.	 Are any of the following criteria used to determine whether a potential client is
indigent? (Mark yes or no for each criterion.)

Skip to D23

We do not maintain a list

1	

1

2

No

Criteria
a. income level

1

2

b. Value of assets owned

1

2

c.

1

2

d. Education level

1

2

e.

Personal Expenses

1

2

f.

Amount of debt

1

2

g. Number of dependents

1

2

h. Federal Poverty Guidelines

1

2

i.

1

2

j.

Federal/State assistance received (such as Social Security
benefits, Medicaid, public housing, food stamps)
Residence in a public mental hospital or correctional institution

1

2

k.

Nature of the charge

1

2

l.

Cost of hiring private counsel to represent on the charge

1

2

m. Age (such as juvenile or elderly)

1

2

n. Ability to post bond or bail

1

2

o. Financial ability of other family members

1

2

p. Other (Specify): _______________________________________

Employment status

D23.	Do you have formally established procedures for removing attorneys from the
Assigned/Appointed Counsel list of attorneys that provide representation to indigent
clients?
1	

Yes

2	

No

Section F – Professional Development
F1.	Are attorneys in your system required to obtain Continuing Legal Education (CLE) in the areas of law in which they provide indigent defense representation? (Please provide an answer
for each delivery method used in your system and who requires this training—e.g., is the training required by the state or state bar or by the system)
Governmental Public
Defender Office(s)

Governmental Public
Defender Conflict Office(s)

Non-Governmental Public Defender
Office(s)

Contract Attorney(s)

Assigned/Appointed Counsel

1

Yes

1

Yes

1

Yes

1

Yes

1

Yes

2

No

2

No

2

No

2

No

2

No

F1a.	Does your indigent defense system require that a minimum number of CLE hours or other professional training be related to criminal defense or other related indigent defense practice
areas
1	

Yes

2	

No

	

12

F2.	 During fiscal year 2013, in which of the following areas did your system provide opportunities for professional development? (Mark all that apply.)
Governmental Public
Defender Office(s)

	Criminal law or procedure

	
	
3
	
4
	
5
	
6
	
7
	
8
	
9
	
1

Motion practice

2

Ethics
Trial skills
Death penalty trial defense
Juvenile delinquency
Mental illness cases
Dependency cases
Appellate cases

	 C ivil
	  Other (Specify):

10
11

Governmental Public
Defender Conflict Office(s)

	

None Provided

	Criminal law or procedure

	
	
3
	
4
	
5
	
6
	
7
	
8
	
9
	
1

Ethics
Trial skills
Death penalty trial defense
Juvenile delinquency
Mental illness cases
Dependency cases
Appellate cases

	 C ivil
	  Other (Specify):

_______________________

12

Trial skills
Death penalty trial defense
Juvenile delinquency
Mental illness cases
Dependency cases
Appellate cases

	 C ivil
	  Other (Specify):

11

12

Ethics
Trial skills
Death penalty trial defense
Juvenile delinquency
Mental illness cases
Dependency cases
Appellate cases

	 C ivil
	  Other (Specify):

12

	

Motion practice

2

Ethics
Trial skills
Death penalty trial defense
Juvenile delinquency
Mental illness cases
Dependency cases
Appellate cases

	 C ivil
	  Other (Specify):

10
11

_______________________

None Provided

	

	Criminal law or procedure

	
	
3
	
4
	
5
	
6
	
7
	
8
	
9
	
1

Motion practice

10

_______________________

None Provided

	

Ethics

Assigned/Appointed Counsel

	Criminal law or procedure

	
	
3
	
4
	
5
	
6
	
7
	
8
	
9
	
2

10
11

Contract Attorney(s)
1

Motion practice

2

10
11

	Criminal law or procedure

	
	
3
	
4
	
5
	
6
	
7
	
8
	
9
	
1

Motion practice

2

_______________________

12

Non-Governmental Public Defender
Office(s)

_______________________

None Provided

12

	

None Provided

Section G – Information Technology
G1. Does your indigent defense system operate its own automated case management/tracking system, also known as an electronic Management Information System (MIS)? (Please provide
an answer for each delivery method used in your system.)
Governmental Public Defender
Office(s)
1

Yes

2

No

Governmental Public Defender
Conflict Office(s)

Skip to H1

1

Yes

2

No

Non-Governmental Public Defender
Office(s)

Skip to H1

1

Yes

2

No

Contract Attorney(s)

Skip to H1

1

Yes

2

No

Assigned/Appointed Counsel

Skip to H1

1

Yes

2

No

Skip to H1

G2. Are any of the following types of information available to system attorneys through your MIS? (Please provide an answer for each delivery method used in your system.)	
Governmental Public
Defender Office(s)

Governmental Public
Defender Conflict Office(s)

Non-Governmental
Public Defender Office(s)

Contract
Attorney(s)

Assigned/Appointed Counsel

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

d.	New case assignment
notification and Attorney
schedule/calendar........................

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

e.	Client contact and billing
information....................................

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

f.	Client case charging information
(such as arrest records, bail
records, indictment and criminal
history information).........................

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

g.	Client case defense
investigation information (such
as client interview notes, witness
interview statements & notes,
documentary evidence)..................

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

1

Yes 

2

No

a. Attorney time & billing.................
b. Court information (such as court
calendars & dockets).....................
c.	Conflicts checking.......................

Section H – Standards & Guidelines
H1.	How long after client arrest, detention or request for a lawyer is an attorney provided according to your indigent defense system’s formal standards and guidelines? This question
refers to any interim attorney provided to represent the defendant at any initial hearing, immediately following arrest or following the issuance of a summons, until a permanent attorney
is assigned. (Please provide an answer for each delivery method used in your system.)
Governmental Public Defender
Office(s)

Governmental Public Defender
Conflict Office(s)

Non-Governmental Public Defender
Office(s)

Contract Attorney(s)

Assigned/Appointed Counsel

1

Within 1 day

1

Within 1 day

1

Within 1 day

1

Within 1 day

1

Within 1 day

2

Within 2 days

2

Within 2 days

2

Within 2 days

2

Within 2 days

2

Within 2 days

3

Within 4 days

3

Within 4 days

3

Within 4 days

3

Within 4 days

3

Within 4 days

4

Greater than 4 days

4

Greater than 4 days

4

Greater than 4 days

4

Greater than 4 days

4

Greater than 4 days

13

H2.	How long after arrest, detention or request for an attorney is permanent counsel assigned according to your indigent defense system’s formal standards and guidelines? (Please
provide an answer for each delivery method used in your system.)
	This question refers the approximate length of time it takes for the application and appointment process to be completed and the permanent attorney is assigned who will represent the
defendant throughout the judicial process.
Governmental Public Defender
Office(s)

Governmental Public Defender
Conflict Office(s)

Non-Governmental Public Defender
Office(s)

Contract Attorney(s)

Assigned/Appointed Counsel

1

Within 3 days

1

Within 3 days

1

Within 3 days

1

Within 3 days

1

Within 3 days

2

Within 4-7 days

2

Within 4-7 days

2

Within 4-7 days

2

Within 4-7 days

2

Within 4-7 days

3

Within 8-14 days

3

Within 8-14 days

3

Within 8-14 days

3

Within 8-14 days

3

Within 8-14 days

4

15 days or greater

4

15 days or greater

4

15 days or greater

4

15 days or greater

4

15 days or greater

H3.	Does your indigent defense system have formal standards or guidelines requiring any of the following? (Please provide an answer for each delivery method used in your system.)
Governmental Public Defender Governmental Public Defender
Office(s)
Conflict Office(s)

Non-Governmental Public
Defender Office(s)

Contract Attorney(s)

Assigned/Appointed Counsel

1
1
1
1
1
a.	Vertical representation
Yes
Yes
Yes
Yes
Yes
(same attorney represents 2
2
2
2
2
No
Skip to b
No
Skip to b
No
Skip to b
No
Skip to b
No
Skip to b
client from appointment
If
yes,
are
these
mandatory
or
If
yes,
are
these
mandatory
or
If
yes,
are
these
mandatory
or
If
yes,
are
these
mandatory
or
If
yes,
are
these
mandatory or
through all stages of the
advisory only?
advisory only?
advisory only?
advisory only?
proceedings)........................ advisory only?
1
1
1
1
1
Mandatory
Mandatory
Mandatory
Mandatory
Mandatory

b.	Attorney present at
juvenile detention
hearing(s).............................

2

Advisory only

2

Advisory only

2

Advisory only

2

Advisory only

2

Advisory only

1

Yes

1

Yes

1

Yes

1

Yes

1

Yes

2

No

2

No

2

No

2

No

2

No

Skip to c

Skip to c

Skip to c

Skip to c

Skip to c

If yes, are these mandatory or If yes, are these mandatory or If yes, are these mandatory or If yes, are these mandatory or If yes, are these mandatory or
advisory only?
advisory only?
advisory only?
advisory only?
advisory only?
1

Mandatory

1

Mandatory

1

Mandatory

1

Mandatory

1

Mandatory

2

Advisory only

2

Advisory only

2

Advisory only

2

Advisory only

2

Advisory only

1

Yes

1

Yes

1

Yes

1

Yes

2

No

2

No

2

No

2

No

1
c.	Attorney present at bail
Yes
setting proceeding(s) or
2
No
Skip to d
arraignment on the
If
yes,
is
the
attorney
charges.................................
physically present at the
hearings?
1
Yes
2

No

Skip to d

If yes, is the attorney
physically present at the
hearings?
1
Yes
2

Skip to d

If yes, is the attorney
physically present at the
hearings?
1
Yes

No

2

Skip to d

If yes, is the attorney
physically present at the
hearings?
1
Yes

No

No

2

Skip to d

If yes, is the attorney
physically present at the
hearings?
1
Yes
2

No

d.	Attorneys advise
Yes
Yes
Yes
Yes
Yes
defendants on whether to
2
2
2
2
2
No
Skip to e
No
Skip to e
No
Skip to e
No
Skip to e
No
Skip to e
accept a plea bargain at all
stages of prosecution......... If yes, are these mandatory or If yes, are these mandatory or If yes, are these mandatory or If yes, are these mandatory or If yes, are these mandatory or
advisory only?
advisory only?
advisory only?
advisory only?
advisory only?
1

e.	Attorney present at
juvenile adjudication
hearing(s).............................

1

1

1

1

1

Mandatory

1

Mandatory

1

Mandatory

1

Mandatory

1

Mandatory

2

Advisory only

2

Advisory only

2

Advisory only

2

Advisory only

2

Advisory only

1

Yes

1

Yes

1

Yes

1

Yes

1

Yes

2

No

2

No

2

No

2

No

2

No

Skip to e

If yes, are these mandatory or If yes, are these mandatory or If yes, are these mandatory or If yes, are these mandatory or If yes, are these mandatory or
advisory only?
advisory only?
advisory only?
advisory only?
advisory only?
1

Mandatory

1

Mandatory

1

Mandatory

1

Mandatory

1

Mandatory

2

Advisory only

2

Advisory only

2

Advisory only

2

Advisory only

2

Advisory only

Section I – Board Or Commission
I1. 	 Does your indigent defense system have an advisory board or commission?
1

Yes

2

No

I3.	 The board/commission has the authority to: (Mark yes or no for each function.)

S
 kip to Je

Yes

I2.	 Who appoints the members of the board/commission? (Mark yes or no for each appointer.)
Yes

No

1

2

1

2

1

2

1

2

1

2

1

2

1

2

1

2

1

2

1

2

1

2

Appointer
a. Governor
b. State Legislature
c. Supreme Court
d. Law School Dean/Professor
e. State Bar Association
f. Specialty Bar Association
g. Local Bar Association
h. Mayor
i. County Commission
j. Circuit/District/County Judge(s)
k. Other (Specify): ____________________________________

14

1

2

No

Function
a. Administer the system budget

1

2

b. Establish policies/make rules for the operation of the system

1

2

c. Hire/remove the chief executive(s) of the system

1

2

1

2

d. Establish the qualifications required for the chief executive(s) of
the system
e. Establish the number and type of personnel positions

1

2

f.

1

2

g. Adopt performance standards

Establish the qualifications required for service providers

Survey Feedback
J1. 	 How long did it take you to complete the survey (including the time spent collecting and/or assembling the requested information)?

______________________________________________________________________________________________________________________________________________________

J2. 	 Did you have access to the information requested in the survey?

______________________________________________________________________________________________________________________________________________________

J3. 	 Did you need to contact others for information to complete the survey?

______________________________________________________________________________________________________________________________________________________

J4. 	 What questions were unclear or difficult to understand?

______________________________________________________________________________________________________________________________________________________

J5. 	 Which questions (or sections?) were difficult or time consuming to complete?

______________________________________________________________________________________________________________________________________________________

J6. 	 What changes would you make to the survey instrument to enhance its clarity and understandability?

______________________________________________________________________________________________________________________________________________________

J7. 	 What changes would you recommend to make the survey easier to complete?

______________________________________________________________________________________________________________________________________________________

J8. 	 Please tell us about your overall experience completing the survey.

______________________________________________________________________________________________________________________________________________________

15

Return Instructions

Please submit your completed form by using the web reporting
option at https://websurvey.norc.org/nsids, by mailing it to NORC in
the enclosed postage-paid envelope, or by faxing each page
toll-free to NORC at XXX-XXX-XXXX.
If you have questions or concerns, or if you need assistance in
completing the survey, please contact NORC via e-mail at
[email protected], or call 1-877-346-5354.

16


File Typeapplication/pdf
File TitleNSIDS_SURVEY_3-4-14 v1.indd
File Modified2014-03-18
File Created2014-03-04

© 2024 OMB.report | Privacy Policy