2. Jurisdictions should have an active process for enforcement of standards. In addition to adopting standards, jurisdictions should have a process for reviewing the performance of indigent defense practitioners against the performance standards, as well as receiving and addressing complaints from clients. As noted above, not each step addressed in the performance standards should be undertaken automatically in every case. “Steps ac- tually taken must be tailored to the requirements of a partic- ular case.” 207 However, standards do provide a set of guideposts for the evaluation of performance. For example, when standards call for prompt client interviews, and a re- view of a defender shows that his or her practice is not to in- terview clients until the day before a preliminary examination, that practice should be addressed. Similarly, standards call for considering, in each case, the utility of a variety of pretrial motions. If a defender or defender office never files pretrial motions, that practice should be addressed. A number of states have instituted formalized processes for defender review, including receiving and addressing client complaints. In both Louisiana and Virginia, legislators seek- ing further funding and reform of the state’s indigent de-
of which have been adopted by the Washington State Bar Association. The standards address caseload, su- pervision, support services, training, evaluation, ac- countability, qualifications, client complaints, compensation, and guidelines for awarding defense contracts. 203 In Massachusetts, which is primarily an appointed counsel system, the Committee for Public Counsel Services has adopted Performance Guidelines, which apply to all representation of indigent persons in criminal cases. 204
The Nevada Supreme Court adopted comprehensive performance standards earlier this year by order. 205
The New York State Bar Association House of Delegates adopted Standards for Providing Man- dated Representation intended to “establish the minimum requirements for a mandated represen- tation system.” 206
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fense system viewed the establishment of a review program or compliance officer as critical to ensure accountability and the wise use of taxpayer dollars. In Virginia, the Vir- ginia Indigent Defense Commission (VIDC), which oversees all court-appointed counsel and public defender offices in the state, is responsible for enforcement of the state’s performance standards. The VIDC has a formal process for receiving and in- vestigating complaints from clients, after which a panel of VIDC staff attorneys holds an informal hearing to try to achieve reso- lution of the complaint. If resolution cannot be achieved at the informal hearing, the mat- ter goes to formal hearing before three members of the Virginia State Bar. 208 Inadequate Compensation For Defenders in Misdemeanor Courts Senator Dick Durbin recently noted that “the median starting salary for state and local prosecutors and public defenders is ap- proximately $45,000.” 209 This may seem like a decent salary, but, the average debt for graduates of private law schools is nearly $88,000, and the average debt for graduates of public law schools is $57,000. 210 And, by comparison, the median starting salary at law firms is $95,000. 211
Public Defender Salary vs. Debt
$45,000 Average Salary
$57,000 Public Law School Debt
$88,000 Private Law School Debt
Minor Crimes, Massive Waste
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