CPDO Attachments

CPDO Generic Request - Cognitive Interview Attachments.pdf

Generic Clearance for Cognitive, Pilot and Field Studies for Bureau of Justice Statistics Data Collection Activities

CPDO Attachments

OMB: 1121-0339

Document [pdf]

Download: pdf | pdf

Census of Public Defender Offices
OMB Generic Clearance Package Attachments
Attachment A – Instrument ............................................................................................................. 2
Attachment B – Cognitive Test Contact Scripts ............................................................................. 14
Attachment C – Instructions to Complete Survey for Cognitive Test ............................................ 17
Attachment D – Cognitive Test Script ............................................................................................ 18
Attachment E – Cognitive Test Thank You Script ........................................................................... 21
Attachment F – Usability Test Contact Script ................................................................................ 22
Attachment G – Instructions to Complete the Survey Online ....................................................... 25
Attachment H – Usability Test Debriefing Interview Phone Script ................................................ 26
Attachment I – Usability Test Thank You Script ............................................................................. 27
Attachment J – IRB Approval ......................................................................................................... 28

OMB No.: XXXXX

U.S. Department of Justice Bureau of Justice Statistics
(NORC acting as data collection agent)

2023 Census of Public Defender Offices

Attachment A

Name:__________________________________________________________________________________________________
Title: ___________________________________________________________________________________________________
Name of office:___________________________________________________________________________________________
Direct email:_____________________________________________________________________________________________
Direct phone:_____________________________________________________________________________________________

Instructions
The 2023 Census of Public Defender Offices (CPDO) is a census of all publicly funded public defender offices with at least one
(1) W-2 earning attorney that provides direct public defense representation for adults and/or juveniles who are accused of a crime
or delinquency or accused in a trial court of violating conditions of a sentence. Data collected on this form will provide needed
information to state and local governments, practitioners, and other stakeholders. The Bureau of Justice Statistics (BJS) greatly
appreciates your assistance.
1. There are multiple ways to complete and submit this survey. Please select the method most suitable for you:
a. Complete the survey by highlighting your answers in Adobe, if you are able to, save and email back to [email protected].
b. Print out the survey, complete by hand, scan and return to [email protected] via email.
c. Complete the hard copy of the survey that will arrive at your office in the next week and return either via scanning and
emailing to [email protected] or through the provided self-addressed stamped envelope.
2. When completing the survey, please take notes separately or on page 11 to provide feedback on questions that:
a. are unclear
b. require input from multiple staff in order to provide a response to
c. are a high time burden
3. Please answer all questions with reference to the public defender office specified above.
4. Answer the questions as accurately as possible given the organization and structure of your office. Estimates are allowed. If
any question is overly burdensome, you may skip the question and provide your best estimate as to how long it would take
to answer it.
Once the project team has received your response, we will reach out via email to schedule your cognitive interview. If you have
questions or need assistance in completing the survey, please contact the CPDO team via email at [email protected].

Burden Statement
This collection is authorized under 34 U.S.C. § 10132. Your participation is voluntary. BJS will use the information only for statistical purposes [34
U.S.C. § 10134]. BJS will protect personally identifiable information consistent with the confidentiality requirements in 34 U.S.C. § 10231 and 28
CFR Part 22. See the BJS Data Protection Guidelines.
This collection has been approved by the Office of Management and Budget (OMB Number: XXXX–XXXX). If this number were not displayed,
we could not conduct this survey. Your voluntary participation in this survey is important, however, you may decline to answer any or all questions.
Public reporting burden for this collection of information is estimated to average 60 minutes 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.
You can contact the Bureau of Justice Statistics with questions or feedback at [email protected]; by phone at 202-307-0765; or by mail: Bureau of
Justice Statistics, 810 Seventh Street NW, Washington, DC 20531.

Screener Questions
Time of day starting survey: ________
The first series of questions will confirm your office’s eligibility for the census. (Mark (X) only one choice per row.)
Yes

S1. Is your office supported, either partially or fully, by public funds? (Funding that comes from federal,
state or local government, often collected through taxes and used toward public goods and services.)

S2. Does your office have at least one W-2 earning attorney? (A W-2 earning attorney is an attorney who
is formally employed by a company or organization and who receives a W-2 tax form each year to
report their income and taxes withheld.)

S3. Does your office provide public defense representation for adult or juvenile clients who are accused
of a crime or delinquency, or accused in a trial court of violating conditions of a sentence?

S4. Does your office have a dedicated physical space? (A place that some or all staff may use for work.)

If you answered ‘No’ to any S1 – S4, please stop here. Your office does not meet our eligibility criteria for this census, but we thank you
for your time. If you have any questions about eligibility, or believe you were screened out in error, please contact [email protected] or
1-866-582-4052.
If all your answers to S1 - S4 were ‘Yes’ please continue the survey.
Yes

S5. Is your office a for-profit private law firm?

S6. Does your office provide representation solely using an assigned counsel system? (An assigned
counsel system provides representation using private attorneys who are not employed by the office,
except possibly as contractors.)

S7. Is your office a tribal defender? (A tribal defender provides representation only to defendants in
tribal justice systems.)

If you answered ‘Yes’ to any S5 – S7, please stop here. Your office does not meet our eligibility criteria for this census, but we thank you
for your time. If you have any questions about eligibility, or believe you were screened out in error, please contact [email protected] or
1-866-582-4052.
If all your answers to S5 – S7 were ‘No’ please continue the survey.
If you answered 5 – Part of a county (e.g., city or town), please
stop here. Your office does not meet our eligibility criteria for this
census, but we thank you for your time. If you have any questions
about eligibility, or believe you were screened out in error, please
contact [email protected] or 1-866-582-4052.

Section A. General Information
A1. What is the geographic jurisdiction served by
your public defender office?

n An entire state
n Multiple counties, an entire judicial district or

A2. Is your public defender office the primary
office in your jurisdiction? By ‘primary office’ we
mean an office that is assigned more criminal and
juvenile delinquency cases or other court-appointed
cases than any other public defender office. (Mark
(X) only one.)

circuit larger than a single county

If your public defender office serves multiple
counties, what are the names of the counties
served?

n Yes
n No
3
n Don't know
1
2

A3. Is your public defender office a conflict
office? By ‘conflict office’ we mean an office that
is assigned cases when another public defender
office has a conflict of interest. (Mark (X) only one.)

n An entire county
4
n County equivalent
5
n Part of a county (e.g., city or town)
6
n Other (Describe)
3

n Yes
n No
3
n Don't know
1
2

A4. Which best describes your public defender
office? (Mark (X) only one.)

A9. The reference period for this survey’s
questions about finances is fiscal year (FY)
2023. Please indicate your office’s FY 2023.
(Mark (X) only one.)

n Part of the state or county judicial branch
n Part of the state or county executive branch
3
n A nonprofit organization
4
n Other (Describe)
1
2

n Calendar year (January 1, 2023-December 31,

2023)
July
1, 2022 to June 30, 2023
n
3
n Other (If other, please indicate the dates below):
2

Month_____ -Day_____ -Year_______
to
Month_____ -Day_____ -Year_______

A5. Is your office overseen or funded, in whole or
in part, by a state-level board or commission?
(Mark (X) only one.)

USE THIS REFERENCE PERIOD FOR
QUESTIONS THAT ASK ABOUT FY 2023

n Yes
n No
3
n Don't know
1
2

A10. In your office’s FY 2023, how much did your
office spend (i.e., what was your office’s total
operating expenditures) to provide services to
defendants in court-appointed cases? (If you
are unable to provide the actual amount, please
provide your best estimate and mark (X) in the
estimate check box.)

A6. Is your office overseen or funded, in whole or
in part, by a board or commission other than at
the state-level? (Mark (X) only one.)

n Yes
n No (If no, Skip to A9)
3
n Don't know
1
2

TOTAL OPERATING EXPENDITURES:
$_______________________________ .00

A7. Which of the following best describes the role
of the non-state-level board or commission
in the following decisions? (Mark (X) only one
choice per row.)

a. Determines
attorney
practice
standards for
the office
b. Determines the
total amount
of the office’s
budget
c. Determines
policy priorities
for the office

n Esimate (Est)
n Don't know (skip to A13)

1
2

Has a
Is the final limited (e.g.,
decision- advisory) Has no Don’t
maker
role
role know

A11. Which of the following are included in your
total operating expenditures entered in A10?
(Mark (X) only one choice per row.)

Yes
a. Salaries for personnel

b. Fringe benefits for
personnel (e.g., health
benefits, retirement)

c. Contracting costs
(e.g., expert witness
compensation)
d. One-time capital
costs (e.g., building
construction, major
equipment purchase)
e. Supplies, materials (e.g.,
office supplies)
f. Utilities & services (e.g.,
water, heat, security, I.T.
support)

A8. Who appoints the members of the non-statelevel board or commission? (Mark (X) only one
choice per row.)
Yes

Don't
know

a. Governor

b. State Legislature

c. Supreme Court

d. County Commission

¢
¢

e. Other (please describe)

N/A, no
such
No spending

Don’t
know

A12. What percentage of the total operating
expenditures entered in A10 came directly from
each of the following sources? (If you are unable
to provide the actual percentage, please provide
your best estimate and mark (X) in the estimate
check box. If none, enter “0”.)
Percentage Source
a. State

Percentage (%)
1

b. County

c. City or town

d. Federal government
(including Byrne Justice
Assistance Grants)
e. Private funds (e.g., client
contributions to cost of
representation, charitable
donations)
f. Other (please describe)

A13. Is the primary funding source for your public
defender office an awarded contract? (Mark (X)
only one.)

n Yes
n No (If no, Skip to B1)

1
2

A14. Was the contract process competitive?
(Mark (X) only one.)

Est

n Yes
n No

1
2

¢
¢

100% TOTAL

Section B. Staffing
B1. Including the chief public defender, how many of the following types of paid employees worked in your
public defender office on December 31, 2023? (“Part-time” refers to any individual who regularly works fewer
hours than the office’s standard work week. If you are unable to provide the actual number, please provide your
best estimate and mark (X) in the estimate check box. If none, enter “0”.)
Number of
full‑time

Est

Number of
part‑time

Est

a. Attorneys with management or supervisory responsibilities over other
attorneys

b. Attorneys with no management or supervisory responsibilities over other
attorneys

c. Social workers (staff whose primary responsibility is to assess client needs,
prepare reports, and refer to services, regardless of licensing credentials)

d. Investigators (staff whose primary responsibility is factual investigation of cases)

e. Paralegals

f. All other staff (including administrators, support staff, IT, human resources,
and all others)

Total attorneys (sum of rows a and b)

B2. Of the sum of B1a and B1b full-time attorneys and sum of B1a and B1b part-time attorneys in your office
on December 31, 2023, what was the breakdown of all attorney staff by gender on December 31, 2023?
(If you are able to provide estimated numbers only, please mark (X) in the estimate check box. If you are unable
to provide any numbers, please check ‘Unable to provide this information.’ If none, enter “0”.)
Number of
full‑time
attorneys

Est

Number of
part‑time
attorneys

Est

a. Female

b. Male

¢ Unable to provide this information

B3. Of the sum of B1a and B1b full-time attorneys and sum of B1a and B1b part-time attorneys in your
office on December 31, 2023, what was the breakdown of all attorney staff by race and ethnicity on
December 31, 2023? (If you are able to provide estimated numbers only, please mark (X) in the estimate check
box. If you are unable to provide any numbers, please check ‘Unable to provide this information.’ If none, enter
“0”.)
Number of
full‑time
attorneys

Est

Number of
part‑time
attorneys

Est

a. White (non-Hispanic)

b. Black or African American (non-Hispanic)

c. Hispanic

d. American Indian or Alaska Native (non-Hispanic)

e. Asian (non-Hispanic)

f. Native Hawaiian or Other Pacific Islander (non-Hispanic)

g. Two or more races

h. Not known

¢ Unable to provide this information

B4. Of the sum of B1a and B1b full-time attorneys, and sum of B1a and B1b part-time attorneys on staff, how
many are litigating attorneys as of December 31, 2023? (Litigating attorneys carry a caseload.) (If you are
unable to provide the actual number, please provide your best estimate and mark (X) in the estimate check box. If
none, enter “0”.)
Number of full‑time attorneys

¢ Est

Number of part‑time attorneys

¢ Est

B5. Of the sum of B1a and B1b full-time attorneys, and sum of B1a and B1b part-time attorneys on staff, how
many had been employed at your office for more than three years as of December 31, 2023? (If you are
unable to provide the actual number, please provide your best estimate and mark (X) in the estimate check box. If
none, enter “0”.)
Number of full‑time attorneys

¢ Est

Number of part‑time attorneys

¢ Est

B6. Please enter the minimum and maximum salaries your office paid as of December 31, 2023 for staff in
the following categories:
Category
a. Attorneys with management or supervisory responsibilities over
other attorneys

Minimum

No such
persons

Maximum

.00

b. Attorneys with no supervisory responsibilities over other
attorneys

.00

c. Social workers (staff whose primary responsibility is to assess
client needs, prepare reports, and refer to services, regardless of
licensing credentials)

.00

d. Investigators (staff whose primary responsibility is factual
investigation of cases)

.00

e. Paralegals

.00

B7. How many staff in each category left your office as of December 31, 2023, regardless of the reason?
(If you are unable to provide the actual number, please provide your best estimate and mark (X) in the estimate
check box. If none, enter “0”.)
Category

Number full‑time

Number part‑time

a. Attorneys with management or supervisory responsibilities
over other attorneys

Est

b. Attorneys with no supervisory responsibilities over other
attorneys

Est

c. Social workers (staff whose primary responsibility is to
assess client needs, prepare reports, and refer to services,
regardless of licensing credentials)

Est

d. Investigators (staff whose primary responsibility is factual
investigation of cases)

Est

e. Paralegals

Est

B8. How many positions were vacant on December 31, 2023? Vacant means that your office is authorized to hire
for that position, but as of December 31, 2023, the position was not filled. (If you are unable to provide the actual
number, please provide your best estimate and mark (X) in the estimate check box. If none, enter “0”.)
Category

Number full‑time

Number part‑time

a. Attorneys with management or supervisory responsibilities
over other attorneys

Est

b. Attorneys with no supervisory responsibilities over other
attorneys

Est

c. Social workers (staff whose primary responsibility is to
assess client needs, prepare reports, and refer to services,
regardless of licensing credentials)

Est

d. Investigators (staff whose primary responsibility is factual
investigation of cases)

Est

e. Paralegals

Est

B9. In your jurisdiction who is the final authority
in the selection of the chief public defender in
your office? (Mark (X) only one.)

B16. What is the race of the current chief public
defender? (Mark (X) all that apply.)

n White
n Black or African American
3
n American Indian or Alaska Native
4
n Asian
5
n Native Hawaiian or Other Pacific Islander
6
n Some other race (Please specify):
1

n State-level board or commission
2
n Board or commission other than at state-level
3
n State governor
4
n Publicly elected
5
n County executive
6
n County legislature
7
n County or district judiciary
8
n Other (Please describe):
1

Section C.
B10. How long had the chief public defender in your
office been in their position as of December 31,
2023? (Write in years and months.)

C1. In your office’s FY 2023, did your office handle
cases for court-appointed clients in the
following categories? (Mark (X) only one choice
per row.)

a. ______ Years

Yes No

b. _______ Months
c. N/A - position was vacant (If no, Skip to B12)

B11. What was the annual salary of the chief public
defender in your office on December 31, 2023?
TOTAL ANNUAL SALARY:
$_______________________________ .00
B12. Is the current chief public defender in your
office a litigating attorney? (Litigating attorneys
carry a caseload.) (Mark (X) only one.)

a. Felony capital (including death-penalty-eligible
cases not ultimately prosecuted as capital cases)

¢ ¢

b. Felony non-capital (including felony traffic
cases)

¢ ¢

c. Misdemeanors that carry a jail sentence
(including misdemeanor traffic cases)

¢ ¢

d. Misdemeanors that do not carry a jail sentence
(including fine-only traffic offenses)

¢ ¢

e. Ordinance/Municipal infraction or violation

¢ ¢

f. Violation/Revocation of probation or parole

¢ ¢

g. Sex offender registration and classification

¢ ¢

h. Criminal appeal

¢ ¢

i. State post-conviction/habeas corpus

¢ ¢

j. Federal habeas corpus
k. Expungement of criminal record

¢ ¢
¢ ¢

l. Clemency or pardon

¢ ¢

m. Juvenile delinquency

¢ ¢

n. Juvenile delinquency appeals

¢ ¢

o. Juvenile transfer/waiver hearings

¢ ¢

p. Juvenile status offense (e.g., underage liquor law
violation, truancy, etc.)

¢ ¢

q. Termination of parental rights

¢ ¢

r. Child protection/dependency cases
(representing children)

¢ ¢

s. Child protection/dependency cases (representing
parents, other than termination of parental rights)

¢ ¢

t. Civil commitment of alleged sexually violent
predators

¢ ¢

u. Civil commitment (other than alleged sexually
violent predators)

¢ ¢

n Yes
n No
3
n NA - position is vacant (Skip to C1)
B13. Is the current chief defender part- or full-time?
“Part-time” refers to any individual who regularly
works fewer hours than the office’s standard work
week. (Mark (X) only one.)

n Part-time
n Full-time

1
2

B14. What is the gender of the current chief
defender? (Mark (X) all that apply.)

n Female
2
n Male
3
n Transgender, non-binary, or another gender
1

B15. What is the ethnicity of the current chief public
defender? (Mark (X) only one.)

n Spanish, Hispanic, or Latino
n Not Spanish, Hispanic, or Latino

1
2

v. Other (Describe):

¢ ¢

If your response to C3, b. non-capitol felony
cases is ‘0,’ skip to D1

C2. Criminal cases are often defined and counted
differently across offices. Which of the
following statements most closely reflects how
your office counts a “case”? (Mark (X) only one.)

C4. In non-capital felony cases, when is your office
typically appointed to represent a client? (Mark
(X) only one.)

n Every charge against every client is counted as

a separate case.
Groups
of charges against a client may be
n
counted as single cases. (Groups of charges
may be: charges arising from a single incident,
charges contained in a single charging
instrument, or charges contained in a single
court docket)

n Between the client’s arrest and first court

appearance. (A first court appearance occurs
when a defendant is brought before a judge or
judicial officer, is informed of charges against
them, and their liberty may be subject to
restriction.)
2
AT
n the client’s first court appearance
3
n AFTER the client’s first court appearance
4
n Other (Please describe):

C3. How many of the following types of cases did
your office receive in your office’s FY 2023? (If
you are unable to provide the actual number, please
provide your best estimate and mark the estimate
box. If none, enter “0”.)
Type of case
a. Capital felony (including deathpenalty-eligible cases not
ultimately prosecuted as capital
cases)
b. Non-capital felony (including traffic
felonies)
c. Misdemeanors that carry a jail
sentence (including misdemeanor
traffic offenses)
d. Misdemeanors that do not carry a
jail sentence (including fine-only
traffic offenses)

Number of
cases

Est

C5. In non-capital felony cases, how soon does
a representative from your office (attorney,
investigator, paralegal, etc.) typically first
contact a client appointed to the office who is
in custody? (Mark (X) only one.)

n Before appointment
n Immediately upon appointment (e.g., attorney

1
2

is routinely present in court when client is
appointed, and meets with client)
3
n Not immediately, but within 24 hours of
appointment
4
n Later than 24 but within 48 hours of appointment
5
n Later than 48 but within 72 hours of appointment
6
n Later than 72 hours after appointment
7
n Other (Please describe):

e. Ordinance/Municipal infraction or
violation

f. Violation of probation or parole

g. Criminal appeals

h. Juvenile cases (including juvenile
delinquency, delinquency appeals,
and juvenile transfer/waiver hearings)

i. All other cases (including civil
commitment of alleged sexually
violent predators, civil commitment
other than alleged sexually violent
predators, state post-conviction/
habeas corpus, federal habeas
corpus, juvenile status offenses,
termination of parental rights,
child protection/dependency cases
representing children or parents,
sex offender registration and
classification, expungement of
criminal record, clemency)

C6. In non-capital felony cases, how soon does
a representative from your office (attorney,
investigator, paralegal, etc.) typically first
contact a client appointed to the office who is
not in custody? (Mark (X) only one.)

n Before appointment
n Immediately upon appointment (e.g., attorney

1
2

C7. Which of the following best describes how non-capital felony cases are generally handled after your office
is appointed? (Mark (X) only one.)

n Cases are handled by a single attorney from start to finish (vertical representation).
n Cases may be handled by one or more attorneys prior to arraignment, then assigned to a single attorney for

1
2

the remainder of the case (vertical representation after arraignment only).
n Cases may be assigned to different attorneys at various stages of the case after arraignment (horizontal
representation).
4
n Cases are assigned to either one or more attorneys depending on the type of charges filed
5
n Other (Please describe):
3

Section D. ELIGIBILITY FOR SERVICES
D1. Is your office responsible for screening applications from defendants seeking court-appointed counsel?
(Mark (X) only one.)

n Yes
n No

1
2

D2. In your jurisdiction, which of the following information is used to assess whether a defendant is
financially qualified to receive appointed counsel? (Mark (X) only one choice per row.)
Not
Don't
Considered considered know
a. Applicant earns income from employment

b. Applicant has outstanding debt (e.g., credit card, student loan)

c. Applicant is able to post financial bond

d. Applicant is in custody (e.g., mental hospital, jail, juvenile or youth facility or other
correctional institution)

e. Applicant lives in public housing

f. Applicant must pay utility bills, rent, mortgage, or other fixed expenses

g. Applicant owns a car

h. Applicant owns a house

i. Applicant receives needs-based public assistance (e.g., social security, TANF)

j. Assets or income of applicant’s family members (e.g., spouse, parents)

k. Likely cost for applicant to hire own attorney

l. Number of dependents in applicant’s family

m. Seriousness of charges against applicant

D3. In your jurisdiction, is there a standard income
level above which applicants are generally
denied court-appointed counsel?

Section E. Office Resources

n Yes
n No (Skip to D5)
3
n Don't know (Skip to D5)
1

E1. Does your office have policies in the following
areas? (Mark (X) only one choice per row.)

Yes,
unwritten
Yes,
or
written informal
No
policy
policy policy

D4. As of December 31, 2023, what was the
income limit above which an applicant for
representation in a non-capital felony case with
no dependents would routinely be denied courtappointed counsel? (Enter either a dollar amount
or a percentage based on the Federal Poverty Line.
If neither applies, please describe what is used.)
.00
n Income level: $
% of the Federal Poverty Line
n
3
n Other (Please describe):
1
2

n Don't know

D5. Which of the following fees can a client of your
office be required to pay? (Mark (X) only one
choice per row.)

Yes

a. Up-front application or
administrative fee when
requesting an attorney

b. Attorney cost recoupment
after representation is ended
(whether partial or full)

No
2

Don't
know
3

a. Attorney caseload limits

b. Attorney qualifications to
take cases

c. Attorney supervision and/or
mentoring

d. Case file maintenance (e.g.,
timeliness of case closing,
completeness of notes)

e. Client contact (e.g.,
frequency throughout the
case)

f. Continuity (or ‘verticality’) of
representation throughout
case

g. Determining a conflict of
interest

h. Information security

i. Performance reviews for
attorney staff

j. Performance reviews for
non-attorney staff

k. Remote work

l. Training of attorneys

m. Training of social workers

n. Training of investigators

o. Use of social workers

p. Use of investigators

E2. Does your office provide either in-house
Continuing Legal Education (CLE) for attorneys,
or funding for attorneys to obtain CLE
elsewhere? (Mark (X) only one choice per row.)

Provided

Not
provided

Don't
know

a. In-house CLE

b. Funding for attorneys to
obtain CLE elsewhere

E3. Does your office provide either in-house
Continuing Education Units (CEUs) for social
workers, or funding for social workers to obtain
CEUs elsewhere? (Mark (X) only one choice
per row.)
Provided

Not
provided

Don't
know

a. In-house CEU

b. Funding for attorneys to
obtain CEU elsewhere

E4. Does your office pay bar membership fees for
staff attorneys? (Mark (X) only one.)

n Yes
n No
3
n Don't know
1
2

E5. Does your office use an electronic case
management system (CMS)? Case management
systems are software packages that allow attorneys
to keep track of data on clients and cases. For
the purposes of this question, word-processing
documents and spreadsheets (such as Excel) do
not constitute a CMS. (Mark (X) only one.)

n Yes
n No
3
n Don't know
1
2

E6. Do you have any system in your office that would allow you to report the following data? (Mark (X) only
one choice per row.)
Data are
easily
reportable

Data would be difficult to
Could not report
report (e.g., time consuming (e.g., data not available
and/or labor-intensive)
or accessible)

a. The office’s total caseload

b. The number of cases in which an attorney used the
services of an investigator

c. The number of cases in which an attorney used the
services of a social worker

d. The number of cases in which an attorney used the
services of an expert witness

e. Number of cases by disposition (e.g., how many ended in
dismissal, conviction, acquittal)

f. The cost of providing representation in all cases

g. Demographic data on attorneys and other employees

h. Demographic data on clients

E7. Do you have any system in your office that does the following? (Mark (X) only one choice per row.)
Yes, and it meets
our office’s needs

Yes, but it doesn’t meet
our office’s needs

No such
system

a. Automatically transcribes speech in video evidence to text

b. Generates form letters or emails for me to send to clients

c. Identifies conflicts of interest by checking names of parties in existing
cases

d. Organizes client appointments and court dates into a calendar
showing attorneys where they need to be

e. Sends text message reminders to clients for court dates

f. Sends text message reminders to clients for appointments at my office

g. Stores all documents related to a case for easy reference

h. Stores all communication related to a case for easy reference

i. Tracks the amount of time that attorneys spend on a case

E8. What is the current volume of digital/electronic evidence that your office processed in FY 2023?
(Mark (X) only one.)

n 10 gigabytes or less
n More than 10 but less than 100 gigabytes
3
n More than 100 but less than 500 gigabytes
4
n More than 500 gigabytes but less than 1 terabyte
5
n Greater than 1 terabyte but less than 10 terabytes
6
n Greater than 10 terabytes
7
n Don't know
1
2

Time survey completed:______________
Number of individuals consulted with:_____

Notes (Optional)
Question numbers that were burdensome.

Question numbers that required other staff members’ input.

Question numbers that were unclear.

Other feedback on survey.

Attachment B
Initial email to office leader to recruit CPDO cognitive test participants:
Dear [NAME OF OFFICE LEADER],
Greetings! We are reaching out to request your office’s participation in a pretest of the Census of Public
Defender Offices (CPDO) survey. The CPDO survey was developed in consultation with public defense
leaders to collect important information on general office information including expenditures, staffing,
caseloads, eligibility standards, and office resources. This census is being conducted on behalf of the U.S.
Department of Justice’s Bureau of Justice Statistics (BJS) by a team of researchers from NORC at the
University of Chicago (NORC), the National Association for Public Defense (NAPD), the Urban Institute,
and the Deason Criminal Justice Reform Center.
Your office is one of 20 offices invited to participate in the pretest. Feedback from public defenders
working in varying types of offices is vital to developing a census questionnaire that captures timely and
accurate information. We hope that you, or your delegate, will participate in the following pretest
activities:
o
o
o

Complete the approximately 60-minute CPDO questionnaire.
Note questions that are unclear, those that need multiple staff to provide a response to and those
that are a high time burden.
Participate in a 45-60 minute debriefing phone call about 7-10 days after completing the CPDO
questionnaire where you will be asked about your feedback on the questionnaire.

This is the cognitive test portion of the census project, and it is important that we ensure the questions
are easy to understand, response options are adequate, and questions are not overly burdensome prior
to the full implementation of the census later this year. If no substantive changes are made to the survey,
we will make every effort to incorporate the data you provide into the full dataset and limit future contact
for the full collection. This is voluntary, though we hope that you will agree to participate.
To participate in the pretest, please respond to this email with your consent. A member of our team will
follow-up with instructions and the survey so you can begin the process.
We are grateful for your support!
Thank you,
Bill Adams, Urban Institute
CPDO Project Team

Call to office leader to recruit CPDO cog test participants when unresponsive to email outreach
Hello, may I please speak with (INSERT CHIEF PD NAME)?
Hello, my name is ________and I’m calling from NORC/Urban Institute/NAPD/Deason. About two weeks
ago, we emailed you requesting your participation in a pretest of the Census of Public Defender Offices.
Did you receive that email?
No, I did not receive that email.
Ok, let me give you some background on the census and then I’ll confirm your email. The
Census of Public Defender Offices is being conducted on behalf of the U.S. Department of
Justice’s Bureau of Justice Statistics (BJS) by a team of researchers from NORC at the
University of Chicago (NORC), the National Association for Public Defense (NAPD), the
Urban Institute, and the Deason Criminal Justice Reform Center. This survey was
developed in consultation with public defense leaders to collect important information
on general office information including expenditures, staffing, caseloads, eligibility
standards, and office resources. Can you confirm that your email is [INSERT CHIEF PD
EMAIL ADDRESS]?
Are you interested in pretesting the survey for us?
No, I cannot participate.
No problem at all. Thank you.
Yes, I can participate.
Great! To participate in the pretest, we would need you to:
o
o
o

Complete the CPDO questionnaire which will take about 60 minutes.
Provide feedback on any questions that are unclear, those that need
multiple staff to provide a response to and those that are a high time
burden.
Participate in a 45-60 minute debriefing phone call about 7-10 days
after completing the CPDO questionnaire where you will be asked
about your feedback on the questionnaire.

A member of our team will follow-up with instructions and the survey so
you can begin the process. As a reminder, your participation in this survey
is voluntary and confidential. Your responses will not be shared with
anyone outside of our research team, and you can refuse to answer
questions or stop the survey at any time.
Also, we will make every effort to incorporate the data you provide into
the full dataset and limit future contact for the full collection.
Thank you for your time!

Yes, I did receive that email.
Great! Are you interested in pretesting the survey for us?
No, I cannot participate.

No problem at all. Thank you.
Yes, I can participate.
Thank you. A member of our team will follow-up with instructions and
the survey so you can begin the process. As a reminder, your participation
in this survey is voluntary and confidential. Your responses will not be
shared with anyone outside of our research team, and you can refuse to
answer questions or stop the survey at any time.
Also, we will make every effort to incorporate the data you provide into
the full dataset and limit future contact for the full collection.
Thank you for your time!

Attachment C
Personalized email to respondent containing census and instructions
Dear [RESPONDENT NAME],
Thank you for agreeing to take and provide feedback on the Census of Public Defender Offices (CPDO)
survey! We are grateful for your time and certain that your input will make the questionnaire better.
We request that you do the following:
•

•

Complete the attached survey (should take approximately 60 minutes) by one of the following
methods:
o Complete the survey by highlighting your answers in Adobe, if you are able to, and
return via email. Print out the survey, complete by hand, scan and return to
[email protected] via email.
o Complete the hard copy of the survey that will arrive at your office in the next week and
return either via scanning and emailing to [email protected] or through the provided selfaddressed stamped envelope.
As you are completing the survey, please note any questions that are unclear, particularly
challenging and why, as well as those questions that need multiple staff to provide a response
to, and those that are a high time burden in the notes section at the end of the survey. Please
also consider and note which sections/questions would produce the data that is of most interest
to you.
Track and record how long it takes you to complete the survey. Please include the time needed
for any consultation in that time calculation.

Should you find a question too difficult to answer, please make a note of the question, why it is difficult
to answer, and the estimated time it would take to answer. Please note that an online and paper version
of the survey will be available for the full implementation but at this time, we are focusing on the content
only and have attached the PDF version for your completion. If you fill out the survey as completely as
possible, we will make every effort to incorporate the data you provide into the full dataset and limit
future contact for the full collection.
Once we receive your completed response, we will follow-up to schedule a time to discuss the
questionnaire, which we estimate will take approximately 45-60 minutes of your time. We need to receive
your completed questionnaire by [specify date].
Thank you,
Bill Adams, Urban Institute
CPDO Project Team

Attachment D

Cognitive test debriefing interview phone script

Hello, my name is ________and I’m calling from NORC/Urban Institute/NAPD/Deason about the Bureau
of Justice Statistics’ Census of Public Defender Offices questionnaire that you recently completed.
Is this still a good time to talk? [If not, reschedule while on the phone!]
Great, so let me walk you through the basic process of how the debriefing will work. We’ll go through the
major sections of the census, and for each section, I’ll ask you if there were any particular questions in
that section that you thought had issues with: clarity or wording, response choices, or the level of difficulty
with providing the information requested.
We will also talk about how long it took you to complete the census and review your responses to the
feedback questions. With your permission, we may be able to use this version of the survey to count as
your response and will only send you a follow-up for any questions you did not complete or that were
significantly revised during this process.
Record permission: Yes, use this response

No, send me the full survey again

With your permission, I would like to audio-record our conversation. This will allow me to concentrate
on what you are saying instead of relying on notes I take while you’re talking. I’ll use the recording to
help me write a summary of our conversation. It will not be used for any other purpose.
If you are willing to take part in the study and allow me to audio-record our conversation, please provide
your verbal approval before we continue.
Do you have any questions before we proceed?
CENSUS QUESTION REVIEW
We will go through each section of the census, and probe to see if there were:
•
•
•

Any questions that were unclear or confusing 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? How long do you think
that would take?

Inquiries on Specific Questions
•

Screener questions – were all of these questions worded clearly? Did you need to review any
definitions? If so, were definitions clear?

•

Section A generally – did you encounter any specific challenges with the questions in this
section such as inadequate response options, overly time consuming or unclear wording?

•

Questions A2 on primary office. Do we need to include “don’t know” on this question? Why or
why not?

•

A3 if office is a conflict office. Do we need to include “don’t know” on this question? Why or why
not?

•

A5 on state-level oversight. Do we need to include “don’t know” on this question? Why or why
not?

•

A6 on oversight other than state-level. Do we need to include “don’t know” on this question?
Why or why not?

•

A7 (role of oversight other than state-level. Do we need to include “don’t know” on this
question? Why or why not?

•

A12 on funding sources. How hard was this question to answer? If you found the question
challenging, why?

•

Section B generally –Are staffing numbers readily available for you or did you need to take
several steps to aggregate your staffing numbers?

•

B2 on attorney gender. How does your office categorize non-binary attorneys? Similarly, how
does your office categorize transgender attorneys? If we add a third option of “non-binary or
another gender” would you need to revise the numbers you provided on gender breakdown of
your attorneys?

•
•

B2 - Is this question clear? Are you able to provide the information? What is the difficulty of
providing the information? How did you report this information? Any other concerns about the
accuracy or ability to report this information?

•

B3 on attorney race. Is this question clear? Are you able to provide the information? What is the
difficulty of providing the information? How did you report this information? Any other
concerns about the accuracy or ability to provide this information?

•

B4 on ‘litigating attorneys’ that carry a caseload. Is this question clear? Are you able to provide
the information? What is the difficulty of providing the information? Any other comments?

•

B5 on attorneys working at the office more than three years. Is this question clear? Are you able
to provide the information? What is the difficulty of providing the information? Any other
comments?

•

B6 on attorney salaries: Are you able to provide the information? What is the difficulty of
providing the information? Would it have helped to allow you to estimate these numbers? Any
other comments?

•

B7 on attorneys that recently left. Is this question clear? Are you able to provide the
information? What is the difficulty of providing the information? Any other comments?

•

B8 on vacant positions. Is this question clear? Are you able to provide the information? What is
the difficulty of providing the information? Any other comments?

•

Section C generally – how difficult is it to provide case information?

•

C2 on how you count cases. Is this question clear?

•

C3 on caseloads. Is this question clear? Are you able to provide the information? What is the
difficulty of providing the information? Any other comments?

•

Section D generally – how difficult is it to describe eligibility for services?

•

D2 on eligibility determination. Is this question clear? Are any eligibility standards not listed here
that your office uses?

•

D4 on eligibility threshold. Is this question clear?

•

Section E generally – how difficult is it to provide information about policies and technology?

•

E1 on policies. Is this question clear?

•

E6 on ability to report data. Is this question clear? Are you able to provide the information?
What is the difficulty of providing the information? Any other comments?

•

E8 on tech capabilities. Is this question clear?

•

E9 on gigabytes of evidence handled. Is this question clear? Are you able to provide the
information? What is the difficulty of providing the information? Any other comments?

OVERALL GENERAL QUESTIONS
•
•

•
•
•
•
•
•

[If respondent did not record the start and stop time for the survey] How long did the census
take you to complete?
Did you need to share the census questionnaire with others in or outside of your office to
complete any of the questions? If so, how many other staff members needed to provide
information for the instrument? What were the roles of the other staff members needed to
provide information for the instrument?
Which questions were particularly hard to answer? Which questions took the longest? Why did
those questions take the longest?
Were there any questions that were not appropriate or not applicable to your office?
Which section/questions would produce the data that is the most interesting to you?
Are there any important topics that do not currently appear on the census that you would
recommend including? If so, why?
Are there any other improvements to the census that you would recommend that we make?
In your opinion, how long should we give public defender offices to complete the census before
following up with them?

In your opinion, what mode of communication would be most effective in following up to remind
respondents to complete the census? Phone call, text, email, or regular mail?
Thank you so much for the time you’ve dedicated to reviewing and improving the CPDO instrument. If
you think of anything else you’d like to note about the survey, please don’t hesitate to reach back out to
me via phone or email. Thank you again.

Attachment E
Thank you email to CPDO cognitive test participants
Dear (NAME),
On behalf of the U.S. Department of Justice’s Bureau of Justice Statistics (BJS), NORC, NAPD, the Urban
Institute, and the Deason Criminal Justice Reform Center, we would like to thank you for your participation
in the pretest of the Census of Public Defender Offices (CPDO). We truly appreciate your support in
completing the CPDO questionnaire and your willingness to provide feedback about the instrument, as
your input is critical for informing the full-scale implementation of this census.
If you have any questions, please do not hesitate to contact us at (phone number) or by email at
[email protected].
Sincerely,
Bill Adams, Urban Institute
CPDO Project Team

Attachment F
Initial email to office leader to recruit CPDO usability test participants:
Dear [NAME OF OFFICE LEADER],
Greetings! We are reaching out to request your office’s participation in a usability test of the Census of
Public Defender Offices (CPDO) survey. The CPDO survey was developed in consultation with public
defense leaders to collect important information on general office information including expenditures,
staffing, caseloads, eligibility standards, and office resources. This census is being conducted on behalf of
the U.S. Department of Justice’s Bureau of Justice Statistics (BJS) by a team of researchers from NORC at
the University of Chicago (NORC), the National Association for Public Defense (NAPD), the Urban Institute,
and the Deason Criminal Justice Reform Center.
Your office is one of 5 offices invited to participate in the usability test. Feedback from public defender
offices accessing the survey using a variety of devices and providing answers unique to their office is vital
to identifying outstanding technical issues. We hope that you, or your delegate, will participate in the
following usability test activities:
•
•
•

Complete the approximately 60-minute CPDO online questionnaire.
Note any issues with opening or completing the survey such as questions that do not display
properly on your device or challenges inputting or selecting answer choices.
Participate in a 45-60 minute debriefing phone call about 2-10 days after completing the CPDO
survey where you will be asked about any technical issues encountered while answering questions
or advancing through the survey.

This is the usability test portion of the census project, and it is important that we ensure the questionnaire
operates as expected. If no substantive changes are made to the survey, we will make every effort to
incorporate the data you provide into the full dataset and limit future contact for the full collection. This
is voluntary, though we hope that you will agree to participate.
To participate in the usability test, please respond to this email with your consent. A member of our team
will follow-up with the survey link so you can begin the process.
We are grateful for your support!
Thank you,
CPDO Project Team

Call to office leader to recruit CPDO usability test participants when unresponsive to email outreach
Hello, may I please speak with (INSERT CHIEF PD NAME)?
Hello, my name is ________and I’m calling from NORC/Urban Institute/NAPD/Deason. About two weeks
ago, we emailed you requesting your participation in a usability test of the Census of Public Defender
Offices. Did you receive that email?
No, I did not receive that email.
Ok, let me give you some background on the census and then I’ll confirm your email. The
Census of Public Defender Offices is being conducted on behalf of the U.S. Department of
Justice’s Bureau of Justice Statistics (BJS) by a team of researchers from NORC at the
University of Chicago (NORC), the National Association for Public Defense (NAPD), the
Urban Institute, and the Deason Criminal Justice Reform Center. This survey was
developed in consultation with public defense leaders to collect important information
on general office information including expenditures, staffing, caseloads, eligibility
standards, and office resources.
Can you confirm that your email is [INSERT CHIEF PD EMAIL ADDRESS]?
Are you interested in testing the survey for us?
No, I cannot participate.
No problem at all. Thank you.
Yes, I can participate.
Great! To participate in the usability test, we would need you to:
o
o
o

Complete CPDO online questionnaire which will take about 60
minutes.
Note any issues with opening or completing the survey such as
questions that do not display properly on your device or challenges
inputting or selecting answer choices.
Participate in a 45-60 minute debriefing phone call about 2-10 days
after completing the CPDO questionnaire where you will be asked
about any technical issues encountered while answering questions or
advancing through the survey.

A member of our team will follow-up with instructions and the survey link
so you can begin the process. As a reminder, your participation in this
survey is voluntary and confidential. Your responses will not be shared
with anyone outside of our research team, and you can refuse to answer
questions or stop the survey at any time.
Also, we will make every effort to incorporate the data you provide into
the full dataset and limit future contact for the full collection.
Thank you for your time!

Yes, I did receive that email.
Great! Are you interested in testing the survey for us?
No, I cannot participate.
No problem at all. Thank you.
Yes, I can participate.
Thank you! A member of our team will follow-up with instructions and
the survey link so you can begin the process. As a reminder, your
participation in this survey is voluntary and confidential. Your responses
will not be shared with anyone outside of our research team, and you can
refuse to answer questions or stop the survey at any time.
Also, we will make every effort to incorporate the data you provide into
the full dataset and limit future contact for the full collection.
Thank you for your time!

Attachment G
Personalized email to respondent containing census link and instructions
Dear [RESPONDENT NAME],
Thank you for agreeing to test the Census of Public Defender Offices (CPDO) survey! We are grateful for
your time and certain that your input will make the questionnaire better.
We request that you do the following:
•
•

•

Complete the survey (should take approximately 60 minutes) by clicking on the link below:
[INSERT HYPERLINK]
As you are completing the survey, please make note of specific question numbers where you
encounter challenges. Specifically, we are interested in:
o difficulty opening the survey
o display issues
o difficulties encountered when inputting free text
o loss of responses/data after closing the survey
o ease of navigating through the survey
o ability to share the survey with colleagues to complete questions
Please also take note of how long it took to complete the survey.

If you encounter difficulties advancing through the survey or need additional assistant, please reach out
to [email protected]. If you fill out the survey as completely as possible, we will make every effort to
incorporate the data you provide into the full dataset and limit future contact for the full collection.
Once we receive your completed response, we will follow-up to schedule a time to discuss the survey,
which we estimate will take approximately 45-60 minutes of your time. We need to receive your
completed questionnaire by [specify date].
Thank you,
CPDO Project Team

Attachment H

Usability test debriefing interview phone script
Hello, my name is ________and I’m calling from NORC/Urban Institute/NAPD/Deason about the Bureau
of Justice Statistics’ Census of Public Defender Offices questionnaire that you recently completed.
Is this still a good time to talk? [If not, reschedule while on the phone!]
Great, so let me walk you through the basic process of how the debriefing will work. We’ll go through the
major sections of the census, and for each section, I’ll ask you if there were any particular issues you
encountered such as: problems opening the survey, problems selecting more than one option, inputting
a free text response, display issues, the compatibility of the instrument with your device, closing out of
the survey and coming back to where you left off.
With your permission, we can use this version of the survey to count as your response and will only send
you a follow-up for any questions you did not complete or that were significantly revised during this
process.
Record permission: Yes, use this response
No, send me the full survey again
With your permission, I would like to audio-record our conversation. This will allow me to concentrate
on what you are saying instead of relying on notes I take while you’re talking. I’ll use the recording to
help me write a summary of our conversation. It will not be used for any other purpose.
If you are willing to take part in the study and allow me to audio-record our conversation, please provide
your verbal approval before we continue.
Do you have any questions before we proceed?
1. How long did it take you to complete the survey?
2. Did you use a computer or a mobile phone to complete the survey?
a. If computer, what internet browser did you use?
b. If mobile phone, what kind of mobile phone do you have (e.g., Apple, Samsung,
Google)?
3. Did you have any problems opening the survey?
4. Did you have any problems completing the survey? (probe to determine problem or problems)
5. Are there any questions that you think did not display properly (e.g., screen seemed to cut off,
not obvious to scroll for more response options)? (probe to determine problems)
6. Did you share the survey link with anyone else in your office?
a. If so, did that process go smoothly?
b. If there were issues sharing the survey, can you describe what happened when you
shared the link?
7. Did you experience any other technical difficulties completing the survey?
8. About how long did it take you to complete the survey?

Attachment I
Thank you email to CPDO usability test participants
Dear (NAME),
On behalf of the U.S. Department of Justice’s Bureau of Justice Statistics (BJS), NORC, NAPD, the Urban
Institute, and the Deason Criminal Justice Reform Center, we would like to thank you for your participation
in the usability test of the Census of Public Defender Offices (CPDO). We truly appreciate your support in
completing the CPDO questionnaire and your willingness to provide feedback about the functionality of
the instrument, as your input is critical for informing the full-scale implementation of this census.
If you have any questions, please do not hesitate to contact us at (phone number) or by email at
[email protected].
Sincerely,
CPDO Project Team

Attachment J

Institutional Review Board Certification

Determination of Not Human Subjects Research
Principal Investigator/Project Director: Jeanette Hussemann
Department: Economics, Justice, and Society
IRB Protocol Number: 23-03-1236
Protocol Title: Census of Public Defender Offices
Determination Date: April 17, 2023

This certifies that the protocol described above was submitted for review and it is determined that the activities do not meet the definition of human subjects research by
the NORC Institutional Review Board (IRB00000967), under its Federal Assurance #FWA00000142, which is valid through July 19, 2023.
1. Department of Justice - NHSR - This certifies that the research does not meet the definition of human subjects research as described under DOJ regulations at 28 CFR
46.

Micah Sjoblom

File Type	application/pdf
Author	Grasmick, Erica (OJP)
File Modified	2024-01-10
File Created	2024-01-10