INTRODUCTION T he vast majority of accused individuals first come into contact with the criminal jus- tice system through a minor offense, known as a misdemeanor. Yet remarkably little attention has been devoted specifically to understanding what happens to defendants at the misdemeanor level. Criminal justice reform studies have often noted that extensive problems exist in misdemeanor courts, but have rarely focused sharply on these courts. For this reason, NACDL decided to in- vestigate misdemeanor courts throughout the country, document the strengths and weaknesses, and identify ways to improve the operations of these courts. Drawing upon existing literature and research, on-site visits in a number of jurisdictions, interviews and survey results from defend- ers across the country, and the input of diverse participants at two conferences and a webinar, this report details existing problems in misdemeanor courts, highlights best practices, and makes a series of recommendations for change. Methodology Over the course of a year, NACDL, together with Professor Robert C. Boruchowitz of Seattle University School of Law, gathered a wide range of existing studies, reports, and statistics on misdemeanor courts and misde- meanor defense, including law review articles, news coverage, governmental studies, and expert reports, as well as information from other organizations working on indigent defense reform, including reports and man- uals on misdemeanor practice. After reviewing these materials, the authors organized site visits to misdemeanor courts in a number of juris- dictions. Prior to the visits, NACDL representatives conducted interviews with key criminal justice personnel to understand the operation of the local misdemeanor courts, as well as perceived strengths and weaknesses. On the visits, NACDL representatives observed the operation of the misdemeanor courts, and conducted additional interviews with key players in misdemeanor proceedings, including judges, defense counsel, prosecutors, and accused persons. Where possible, site teams gathered data on misdemeanor prosecutions, public defender case- loads, and other relevant statistics. The authors selected locations for site visits based on a preliminary assessment of problems by NACDL’s staff and Professor Boruchowitz, in consultation with experts on indigent defense around the country. Geographical diversity and the type of public defense system were also considered. Site visits occurred in Arizona, Florida, Illinois, North Dakota, Pennsylvania, Texas, and Washington. In many of these states, public defense 5 is or- ganized on a county-by-county basis, and, when possible, a number of counties were visited. The authors conducted an Internet survey of defenders across the country seeking information on misdemeanor practice in each respondent’s jurisdiction, as well as respondent’s impressions of the operation of misdemeanor courts. In total, 185 individuals responded to the Internet survey. The respondents reported practicing in 26 states and two tribal courts. 6
10
Minor Crimes, Massive Waste
Made with FlippingBook Online document maker