4
Provide counsel for any defendant facing the possibility of incarceration.
Often in misdemeanor courts, defendants are not informed of their right to counsel under the Sixth Amendment, or are coerced into waiving counsel to avoid having to spend additional time in jail awaiting the appointment. Sometimes they are even required to pay an application fee in order to obtain the counsel that is guaranteed by the Constitution.
Time and time again site team observers watched individuals plead guilty without counsel.
Judges actually acknowledge the widespread violation of Sixth Amendment rights. For example, Chief Justice Jean Hoefer Toal of the Supreme Court of South Carolina told a group of attorneys at a state bar meeting, “ Alabama v. Shelton is one of the more mis- guided decisions of the United States Supreme Court … so I will tell you straight up we [are] not adhering to Alabama v. Shelton in every situation.” 2 Judges and prosecutors routinely speak directly to defendants and seek waivers of coun- sel in order to resolve the case more quickly. In Colorado, a state statute provides that a misdemeanor defendant must engage in plea negotiations with a prosecutor before the de- fendant can receive appointed defense counsel. 3 It is indefensible that, despite longstanding constitutional precedent , a significant percentage of defendants in misdemeanor courts proceed without an attorney. The absence of counsel in these cases undermines the fairness and reliability of the criminal justice system and violates the Con- stitution, opening state and local governments up to costly lawsuits.
9
Provide public defenders with the resources necessary to effectively represent their clients.
Across the country, misdemeanor defenders report caseloads six and seven times greater than the national standards. In Chicago, Atlanta and Miami, defenders carry more than 2,000 misdemeanor cases per year. 4 With these massive caseloads, defenders have to resolve approximately 10 cases a day — or one case every hour — not nearly enough time to mount a constitutionally adequate defense. Defender offices, contract defender offices, and assigned counsel lists must have sufficient at- torneys to permit the maintenance of ethical caseload standards. Additionally, defenders should have access to resources necessary to provide effective assistance, including legal research services, investigators, experts, social workers, and mental health support services. 5 The consequences for the accused individuals involved, no less for the Constitution, demand that mis- demeanor courts provide due process and equal justice for all those who appear in them. All across America, misdemeanor courts are failing to meet this critical standard. Implementation of the recom- mendations of this report will save taxpayers much needed resources while making these courts, and our justice system, reliable for all Americans.
Executive Summary
The Terrible Toll of America’s Broken Misdemeanor Courts
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