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Attachment A – Initial contact letter
Attachment B – Survey Instrument for pilot
Attachment C – Thank you postcard
Attachment D – Telephone follow-up
Attachment E – Last chance follow-up
Attachment F – Protocol for debriefing respondents
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
Washington, D.C. 20531
Dear <> <>:
The Bureau of Justice Statistics (BJS), U.S. Department of Justice, is conducting a census of indigent
defense systems in the United States. The goal of the National Survey of Indigent Defense Systems
(NSIDS) is to obtain information on the operations, staffing, caseloads, and funding of these systems.
NORC at the University of Chicago is the data collection agent for the NSIDS. The National Legal
Aid and Defender Association (NLADA), is also assisting us with this important study.
We are currently conducting the NSIDS pretest and invite you to participate. The pretest will provide
us with crucial information about the online survey questionnaire including an evaluation of each
question for content and clarity as well as the time and effort required to complete the questionnaire.
Your assistance with the pretest will help to ensure that when the NSIDS is fully implemented, we
have both understood and addressed most of the challenges and potential obstacles to successfully
completing this census.
We invite your agency to respond to the NSIDS pretest by accessing and completing the web survey
available at:
<>.
For security purposes, we have assigned your agency a unique Personal Identification Number (PIN)
and password to access the web survey:
PIN: <>
Password: <>
Upon receipt of your completed questionnaire, an NORC representative may contact you to arrange a
time to discuss the survey. The debriefing should take about an hour of your time and we will use
your feedback to revise the questionnaire prior to the national data collection effort. National data
collection will collect information for the 2013 fiscal year; your agency will be contacted to provide
updated data.
We hope that you will be able to help us with this review. If you need assistance with the
questionnaire or would prefer a hard copy version to fill out, please contact Rachel LeClere of
NORC, at [email protected] or [email protected]. Also, please feel free to contact Ronald
Malega, the BJS Project Manager, at [email protected] should you have any questions
about the pre-test activities.
Sincerely,
William J. Sabol, Ph.D.
Acting Director
Bureau of Justice Statistics
OMB No.
Form NSIDS-12
: Approval Expires
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)
2012 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 2012 National Survey of Indigent Defense Systems collects information about all 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.
We have determined your indigent defense system (the one in which you work or oversee components of) to include the
following service delivery methods:
We have also identified you as the person responsible for providing information on the following service delivery method(s):
If any of this information is incorrect, please e-mail NORC at [email protected] or call 1-877-375-5964 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 2012 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 2012. Please refer to your indigent defense system’s 2012 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 2012 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 XXX-XXX-XXXX.
2
Section A – General Information
A1. The reference period for this survey is fiscal year 2012. What was your indigent defense system’s fiscal year for 2012?
1
Calendar Year (January 1, 2012 to December 31, 2012)
2
Fiscal year starting on July 1, 2011 and ending on June 30, 2012
3
Other
(Please indicate the dates of your 2012 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 fill in only the column(s) for the delivery methods in which you have been identified as the person responsible for
providing information. These are identified on the cover of this booklet. You are not expected to complete all columns.
3
Section B – Fiscal Information
B1. In fiscal year 2012, 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.)
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 2012, 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.)
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 2012, 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.)
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 2012, 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 2012 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. In addition to the
application fees, are
clients required to pay for
legal and support
services?
Skip to B7
Governmental Public
Defender Conflict Office(s)
1
Yes
2
No
$______________.00
Non-Governmental Public
Defender Office(s)
Skip to B7
1
Yes
2
No
$______________.00
Skip to B7
Contract Attorney(s)
Assigned/Appointed Counsel
1
Yes
1
Yes
2
No
2
No
$______________.00
Skip to B7
$______________.00
Skip to B7
$______________.00
1
Yes
1
Yes
1
Yes
1
Yes
1
Yes
2
No
2
No
2
No
2
No
2
No
Section C – Case Types, Caseloads, and Conflicts
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 2012.
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.............................................................
C2. Which of the following best describes how your indigent defense system defines a “case”? (Mark only one.)
1
A “case” is the set of all charges against a single client that arise from a single incident and are prosecuted in the same proceeding.
2
A “case” is the set of all charges against a single client that are contained in a single indictment, information, or other charging instrument.
3
A “case” is the set of all charges concurrently pending against a single client, regardless of the number of proceedings or charging instruments.
4
A “case” is each charge against a single client.
5
A “case” is each docket number or other court generated record number, regardless of the manner in which individual prosecutors bring charges.
6
Other (Specify): __________________________________.
5
C3. How many cases did your indigent defense system receive in 2012? (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 receive in 2012? (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 2012 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. Are 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. Are these limits
mandatory or advisory
only?
1
Yes
2
No
3
Varies by office
Contract Attorney(s)
Skip to C7
C5a. Are these limits
mandatory or advisory
only?
1
Yes
2
No
3
Varies by attorney
Assigned/Appointed Counsel
1
Skip to C7
C5a. Are 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
aries by Assigned/
V
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
aries by Assigned/
V
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. Are 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. Are 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
ublic defender appoints
P
assigned counsel
1
onflict office appoints
C
assigned counsel
1
ffice appoints assigned
O
counsel
2
ase is returned to the
C
Court for reassignment
2
ase is returned to the
C
Court for reassignment
2
ase is returned to the
C
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
ase re-assigned to
C
another local public
defender office
4
ase re-assigned to
C
another local public
defender office
4
ase re-assigned to state
C
or local conflict defender
office
5
ase sent to attorney or
C
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
ase sent to attorney or
C
law firm under contract
9
Other (Specify):
___________________
6
7
8
ase sent to contracts
C
administrator
ifferent attorney in same
D
office, with ethical screen
established
ase re-assigned to
C
another local public
defender office
ase re-assigned to state
C
or local conflict defender
office
6
ase sent to assigned
C
counsel system
administrator
ase sent to attorney or
C
law firm under contract
7
ase sent to contracts
C
administrator
Other (Specify):
8
ase sent to assigned
C
counsel system
administrator
9
Other (Specify):
___________________
___________________
___________________
___________________
___________________
7
1
ase re-assigned to
C
another local public
defender office
2
ase is returned to the
C
Court for reassignment
3
4
5
ase sent to contracts
C
administrator
ase re-assigned to
C
another attorney or law
firm under contract to
provide conflict
representation
ifferent attorney under
D
same contract, with ethical
screen established
6
ase sent to assigned
C
counsel system
administrator
7
ase sent to state conflict
C
public defender office
8
Other (Specify):
___________________
___________________
1
ase is returned to
C
assigned counsel system
administrator for
reassignment
2
ase is returned to the
C
Court for reassignment
3
ase returned to public
C
defender office
4
ase is sent to state or
C
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 2012? “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 2012 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
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Administrator, etc.)..........................................................
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.....................................................
raining personnel (all personnel whose primary role is
k. T
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
Indigency Screener(s)/ Analyst(s) (those who
l.
___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________
determine whether clients are eligible for public
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
representation)...............................................................
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
Administrative staff (administrative assistants,
n.
Human Resources, Personnel Officers, Technology,
___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________
Librarian, Administrative Assistants, Finance, Billing,
Operations, Facilities).....................................................
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________
Other (all personnel not accounted for above)..............
o.
Estimate
Estimate
Estimate
8
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
D2. How many personnel were paid by your indigent defense system in 2012? “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.)
Governmental Public
Defender Office(s)
Full-Time
Part-Time
Total Paid Personnel
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
Contract Attorney(s)
Assigned/Appointed Counsel
_________
_________
_________
_________
_________
_________
_________
_________
_________
_________
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
Estimate
D3. Please enter your system’s salary ranges at the end of fiscal year 2012 for the following positions.
Gross Annual Salary at end of FY 2012
Position
a. Managing Attorney (primarily managerial positions who do not litigate cases)........................................................................
b. Supervisory Attorney (managerial positions who also litigate cases)......................................................................................
c. Senior Assistant Public Defender (with 7 or more years of experience that includes complex litigation and/or capital
and homicide litigation)................................................................................................................................................................
d. Assistant Public Defender (junior level) (with 4 or more years of experience, including trial experience, unless in the
Appellate division and no managerial responsibility)...................................................................................................................
e. Assistant Public Defender (entry level) (under 3 years of experience and no managerial responsibility)...............................
9
Minimum
Maximum
$____________.00
$____________.00
$____________.00
$____________.00
$____________.00
$____________.00
$____________.00
$____________.00
$____________.00
$____________.00
No such position
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 Chief Public Defender or Executive of
the Non-Governmental Public Defender Office?
1
Publicly elected
2
Appointed by statewide board or commission
3
Appointed by state bar association
4
Appointed by Governor
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): __________________________________.
Yes
2
No
A County Board of Directors
2
A Statewide Board of Directors
3
A Board of Trustees
4
County Bar Association
5
State Bar Association
D9. Is there a specified term of office for the Chief Public Defender or Executive
overseeing the Non-Governmental Public Defender Office?
1
Yes
2
No
(Specify term): ___________ years
Contract Attorneys
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.
D5. Is there a specified term of office for the Chief Public Defender(s)?
1
1
(Specify term): ___________ years
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.)
Governmental Public Defender Conflict Offices
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.
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
Appointed by the Public Defender
2
Appointed by statewide board or commission
3
Appointed by state bar association
4
Appointed by Governor
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
1
Publicly elected
8
Appointed by local bar association
2
Appointed by the Public Defender
9
Appointed by county executive or executive branch office
3
Appointed by statewide board or commission
10
Appointed by county legislature or legislative branch office
4
Appointed by state bar association
11
Appointed by county judiciary or judicial office
5
Appointed by Governor
12
Other (Specify): __________________________________.
6
Appointed by state’s highest Court (other than through Administrative Office)
7
Appointed by Administrative Office of the courts
8
Appointed by local board or commission
9
Appointed by local bar association
1
Yes
10
Appointed by county executive or executive branch office
2
No
11
Appointed by county legislature or legislative branch office
12
Appointed by country judiciary or judicial office
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)?
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)?
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
(Specify term): ___________ years
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
Not paid by the hour, specify:
Not paid by the hour, specify:
_______________________
_______________________
___________________
Flat Rate
e. Juvenile-Related.....
Per Case
$____________
Month, Year
b. Misdemeanors..
$____________
Varies by Contract, (Specify):
$____________.00
Average
$____________.00
Average
Not paid by the hour, specify:
Not paid by the hour, specify:
_______________________
_______________________
___________________
c. Felony................
d. Capital Cases....
e. Juvenile.............
11
$____________.00
Average
$____________.00
Average
Not paid by the hour, specify:
Not paid by the hour, specify:
_______________________
_______________________
$____________.00
Average
$____________.00
Average
Not paid by the hour, specify:
Not paid by the hour, specify:
_______________________
_______________________
$____________.00
Average
$____________.00
Average
Not paid by the hour, specify:
Not 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
ach judge maintains a list of attorneys who have agreed to provide representation
E
in cases before that judge.
2
ach court maintains a list, on behalf of all judges within it, of attorneys who have
E
agreed to provide representation in cases before the court.
3
n Assigned Counsel Administrator maintains a list, on behalf of all courts, of
A
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
managed assigned counsel program administered by a 501 c-3 or other non-profit
A
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
pply and meet formal qualifications established for Assigned/Appointed Counsel
A
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. Employment status
1
2
d. Education level
1
2
e. Expenses
1
2
f.
1
2
g. Number of dependents
1
2
h. Federal Poverty Guidelines
1
2
i.
1
2
j.
1
2
k. Nature of the charge
1
2
l.
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): _______________________________________
Amount of debt
Federal/State assistance received (such as Social Security
benefits, Medicaid, public housing, food stamps)
Residence in a public mental hospital or correctional institution
Cost of hiring private counsel to represent on the charge
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.)
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, by State or State Bar
(number of hours per year):
________
1
Yes, by State or State Bar
(number of hours per year):
________
1
Yes, by State or State Bar
(number of hours per year):
________
1
Yes, by State or State Bar
(number of hours per year):
________
1
Yes, by State or State Bar
(number of hours per year):
________
2
Yes, by indigent defense system
(number of hours per year):
________
2
Yes, by indigent defense system
(number of hours per year):
________
2
Yes, by indigent defense system
(number of hours per year):
________
2
Yes, by indigent defense system
(number of hours per year):
________
2
Yes, by indigent defense system
(number of hours per year):
________
3
No
3
No
3
No
3
No
3
No
12
F2. During fiscal year 2012, 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 appointed? (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 24 hours
1
Within 24 hours
1
Within 24 hours
1
Within 24 hours
1
Within 24 hours
2
Within 48-72 hours
2
Within 48-72 hours
2
Within 48-72 hours
2
Within 48-72 hours
2
Within 48-72 hours
3
Within 96 hours
3
Within 96 hours
3
Within 96 hours
3
Within 96 hours
3
Within 96 hours
H2. When does the attorney meet with or otherwise have confidential communication with a client? (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 72 hours of appointment
1
Within 72 hours of appointment
1
Within 72 hours of appointment
1
Within 72 hours of appointment
1
Within 72 hours of appointment
2
Within 1 week of appointment
2
Within 1 week of appointment
2
Within 1 week of appointment
2
Within 1 week of appointment
2
Within 1 week of appointment
3
L onger than 1 week following
appointment
3
L onger than 1 week following
appointment
3
L onger than 1 week following
appointment
3
L onger than 1 week following
appointment
3
L onger than 1 week following
appointment
13
H3. Does your indigent defense system have formal standards or guidelines establishing 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
e. Attorneys reimbursed for
case-related out-of-pocket
expenses..............................
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
d. Attorney performance
review annually (or more
frequently)............................
Skip to c
Skip to d
If yes, is the attorney
physically present at the
hearings?
1
Yes
Skip to d
If yes, is the attorney
physically present at the
hearings?
1
Yes
Skip to d
If yes, is the attorney
physically present at the
hearings?
1
Yes
2
No
2
No
2
No
2
No
2
No
1
Yes
1
Yes
1
Yes
1
Yes
1
Yes
2
No
2
No
2
No
2
No
2
No
Skip to e
Skip to e
Skip to e
Skip to e
Skip to d
If yes, is the attorney
physically present at the
hearings?
1
Yes
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
1
Yes
1
Yes
1
Yes
1
Yes
1
Yes
2
No
2
No
2
No
2
No
2
No
Skip to l1
Skip to l1
Skip to l1
Skip to l1
Skip to l1
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
I3. The board/commission has the authority to: (Mark yes or no for each function.)
I1. Does your indigent defense system have an advisory board or commission?
1
Yes
2
No
Yes
Skip to J1
I2. Who appoints the members of the board/commission?
(Mark yes or no for each appointer.)
1
Yes
2
Appointer
a. Governor
1
2
b. State Legislature
1
No
2
c. Supreme Court
1
2
d. Law School Dean/Professor
1
2
e. State Bar Association
1
2
f.
1
2
g. Local Bar Association
1
2
h. Mayor
1
2
i.
County Commission
1
2
j.
Circuit/District/County Judge(s)
1
2
k. Other (Specify): ____________________________________
Specialty Bar Association
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 www.xxxxx.org, 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 XXX-XXX-XXXX.
16
THANK YOU REMINDER POSTCARD TEXT
National Survey of Indigent Defense Systems Pretest
The Bureau of Justice Statistics (BJS) is conducting a census of indigent defense systems
throughout the United States and we need your help in our pretest!
The pretest will help us to ensure that information of value to the indigent defense
community is captured accurately.
If you have already completed the NSIDS online pretest survey, please accept our
sincere thanks. If not, please do so today.
If you did not receive our invitation to complete the pretest survey, please call NORC
toll-free at 1-XXX-XXX-XXXX or via e-mail at [email protected] for your login information.
Again, thank you for your help.
David Herda
Senior Survey Director
NORC at the University of Chicago
NSIDS: Phone Follow Up Script--Pretest
Hello, may I please speak with [INSERT CONTACT NAME].
IWER: IF R NO LONGER WORKS THERE, ASK FOR PERSON WHO CURRENTLY HOLDS R’s
POSITION. RECORD UPDATED INFORMATION, AND PROMPT NEW R TO COMPLETE ONLINE BY
SENDING SURVEY LINK, PIN AND PASSWORD.
OPTION 1: My name is [IWER NAME]. I am calling on behalf of the Bureau of Justice Statistics
regarding the National Survey of Indigent Defense Systems. We recently sent you information
about the survey and I am following up on this correspondence. Do you remember seeing the
letter/e-mail?
NO, did not receive
letter/e-mail:
YES, did receive
letter/email:
The Bureau of Justice Statistics has
funded a survey called the National Survey of
Indigent Defense Systems or NSIDS. The NSIDS
will provide the indigent defense community with
information about number of persons served,
budgets and staffing. We are currently conducting
a pilot survey. We invite a representative from
[SYSTEM NAME] to participate. You or your
designate can complete the survey online. If you
have an e-mail address, I can send you
information about the study including your PIN and
password.
Good! Do you have any questions
about the NSIDS survey or who should complete
it? You may complete the survey online at XXXX.
Upon receipt of your information, we may contact
you to arrange a time to discuss the survey. The
debriefing should take less than an hour of your
time and we will use your feedback to revise the
questionnaire prior to the national data collection
effort.
If you have any questions, please call us toll-free at: 1-800-XXX-XXXX. This number can also be
found in the web survey. Please remember to complete the survey as soon as possible. We will
call next week to check in regarding any questions you may have. Thank you in advance for your
participation.
1
Dear <> <>:
Data collection for the National Survey of Indigent Defense Systems (NSIDS) pretest is
scheduled to end XXX XX, 2013!
We have not yet received a response from your agency!
We have been in contact with your agency and hope that you are able to participate in the
NSIDS pretest. With ever increasing caseloads and reduced resources, it is extremely important
that there is empirical data to document the current circumstances of indigent defense systems
nationwide. The pretest will help us to finalize the NSIDS survey prior to collection data at the
national level.
Please complete the NSIDS questionnaire as soon as possible. It may be accessed at:
<>.
PIN: <>
Password: <>
Please contact Rachel LeClere of NORC at [email protected] or [email protected] with any
questions you may have. Feel free to contact Ronald Malega, the BJS Project Manager, at
[email protected] with any questions about the pre-test activities.
Thank you for your help with this important survey.
Sincerely,
David Herda
Senior Survey Director
NORC at the University of Chicago
2013 NSIDS
Pilot Test
Feedback Script/Questionnaire
Hi,
My name is ________ and I’m calling on behalf of the Bureau of Justice Statistics
regarding the National Survey of Indigent Defense Systems. May I please speak to
_____?
I’m calling regarding the National Survey of Indigent Defense Systems survey you
recently completed for us. Thank you so much for completing the survey. Could we
schedule a time to conduct a debriefing of the survey? It shouldn’t take more than
one hour.
If can do right away….make sure they have copy of completed survey in front of them.
Great, so let me walk you through the basic process of how the debriefing will work.
We’ll go through the survey questions, and for each I’ll ask you a couple of
questions about the clarity of the question, the response choices and your overall
ease at providing the information. We will also talk about how long the survey took
to complete. I have your survey responses in front of me. Do you have any
questions before we start?
For each question, probe for:
Anything that was unclear or confusing in the wording or any terminology that needed to
be better defined.
Any response options that were unclear, confusing, overlapping, or missing.
Any requested information that was not available and could not be reasonably provided.
If not able to provide: What steps would be necessary to get the information?
If oversight for more than 1 delivery method: Was this more difficult to obtain for a
particular delivery method?
A1.
Clarity?
Response
options?
Ability to
provide?
A2.
Clarity?
Response
options?
Ability to
provide?
A3.
Clarity?
Response
options?
Ability to
provide?
B1.
Clarity?
Response
options?
Ability to
provide?
B2.
Clarity?
Response
options?
Ability to
provide?
B3.
Clarity?
Response
options?
Ability to
provide?
B4.
Clarity?
Response
options?
Ability to
provide?
B5.
Clarity?
Response
options?
Ability to
provide?
B6.
Clarity?
Response
options?
Ability to
provide?
B7.
Clarity?
Response
options?
Ability to
provide?
C1.
Clarity?
Response
options?
Ability to
provide?
C2.
Clarity?
Response
options?
Ability to
provide?
C3.
Clarity?
Response
options?
Ability to
provide?
C4.
Clarity?
Response
options?
Ability to
provide?
C5.
Clarity?
Response
options?
Ability to
provide?
C6.
Clarity?
Response
options?
Ability to
provide?
C7.
Clarity?
Response
options?
Ability to
provide?
C8.
Clarity?
Response
options?
Ability to
provide?
C9.
Clarity?
Response
options?
Ability to
provide?
D1.
Clarity?
Response
options?
Ability to
provide?
D2.
Clarity?
Response
options?
Ability to
provide?
D3.
Clarity?
Response
options?
Ability to
provide?
D4.
Clarity?
Response
options?
Ability to
provide?
D5.
Clarity?
Response
options?
Ability to
provide?
D6.
Clarity?
Response
options?
Ability to
provide?
D7.
Clarity?
Response
options?
Ability to
provide?
D8.
Clarity?
Response
options?
Ability to
provide?
D9.
Clarity?
Response
options?
Ability to
provide?
D10.
Clarity?
Response
options?
Ability to
provide?
D11.
Clarity?
Response
options?
Ability to
provide?
D12.
Clarity?
Response
options?
Ability to
provide?
D13.
Clarity?
Response
options?
Ability to
provide?
D14.
Clarity?
Response
options?
Ability to
provide?
D15.
Clarity?
Response
options?
Ability to
provide?
D16.
Clarity?
Response
options?
Ability to
provide?
D17.
Clarity?
Response
options?
Ability to
provide?
D18.
Clarity?
Response
options?
Ability to
provide?
D19.
Clarity?
Response
options?
Ability to
provide?
D20.
Clarity?
Response
options?
Ability to
provide?
D21.
Clarity?
Response
options?
Ability to
provide?
D22.
Clarity?
Response
options?
Ability to
provide?
D23.
Clarity?
Response
options?
Ability to
provide?
E1.
Clarity?
Response
options?
Ability to
provide?
E2.
Clarity?
Response
options?
Ability to
provide?
F1.
Clarity?
Response
options?
Ability to
provide?
F2.
Clarity?
Response
options?
Ability to
provide?
G1.
Clarity?
Response
options?
Ability to
provide?
G2.
Clarity?
Response
options?
Ability to
provide?
H1.
Clarity?
Response
options?
Ability to
provide?
H2.
Clarity?
Response
options?
Ability to
provide?
H3.
Clarity?
Response
options?
Ability to
provide?
I1.
Clarity?
Response
options?
Ability to
provide?
I2.
Clarity?
Response
options?
Ability to
provide?
I3.
Clarity?
Response
options?
Ability to
provide?
General Questions:
Overall how long did it take you to complete the survey?
Was it difficult to complete the survey over the web?
Did you use any of the help screens? Were they helpful? Were additional definitions
needed?
What systems/records did you use to complete the survey?
Did you need to ask others to provide information to complete the survey? (Probe)
In your opinion, would it be better to provide a due date for the survey or should we ask
for it to be returned as soon as possible?
In your opinion, what mode of communication would be most effective in reminding you
to complete the survey: telephone calls, e-mails, faxes or mailings?
| File Type | application/pdf |
| File Title | September 15, 2005 |
| Author | Gerry Ramker, BJS |
| File Modified | 2013-03-18 |
| File Created | 2013-03-18 |