(a) To provide quality representation, counsel must be familiar with the substantive criminal law and the law of criminal proce- dure and its application in the particular jurisdiction. Counsel has a continuing obligation to stay abreast of changes and de- velopments in the law. Where appropriate, counsel should also be informed of the practices of the specific judge before whom a case is pending.
(b) Prior to handling a criminal matter, counsel should have sufficient experience or training to provide quality representation.
NLADA Performance Guidelines for Defense Representation, Guideline 1.2: Education, Training and Experience of Defense Counsel, available at http://www.nlada.org/Defender/Defender_Standards/Performance_Guidelines#oneone (last visited Mar. 2, 2009). 195. See Program Description, available at http://www.phila.gov/defender (last visited Mar. 16, 2009). 196. For more information on the Kentucky training program, see http://dpa.ky.gov/ed/ (last visited Mar. 16, 2009). 197. For more information on the Massachusetts training program, see http://www.publiccounsel.net/Training/training_index.html (last visited Mar. 16, 2009). 198. See Program Description, available at http://www.pdsdc.org/LegalCommunity/TrainingSummerSeries.aspx (last visited Mar. 16, 2009). 199. See N.Y. R ULES OF THE C OURT , A PP . D IV ., F IRST D EPT ., Rules 612.0-612.12; see also Assigned Counsel Application, ap- plication at http://www.courts.state.ny.us/courts/ad1/18BAPPLICATION.1stDept.FINAL.pdf. Attorney reviews should involve at- torney-client privileged material only when a client files a complaint concerning an attorney and a waiver, therefore, can be obtained. Review files should then be confidential, unless subpoenaed as part of a legal proceeding. See , e.g. , Washington State Bar Associ- ation, Informal Opinion 2035 (2003) (holding that privileged and confidential material should not be turned over to funding agen- cies); D.C. Bar Opinion 222, Nondisclosure of Protected Information to Funding Agency (Dec. 17, 1991), available at www.dcbar.org/for_lawyers/ethics/legal_ethics/opinions/opinion223.cfm (last visited Mar. 25, 2009) (same). 200. See N.Y. R ULES OF THE C OURT , A PP . D IV ., F IRST D EPT ., Rule 612.9 (“The Central Screening Committee may continue to process complaints against panel attorneys which relate to the discharge of an attorney’s duties under the panel plan.”). 201. See generally NLADA Performance Guidelines for Criminal Defense Representation, supra . n. 194. 202. Nevada Indigent Defense Standards of Performance, Standards 1(b), available at http://www.nvsupremecourt.us/docu- ments/orders/ADKT411AdoptStandards.pdf (last visited Mar. 16, 2009). 203. See Washington State Bar Association Standards for Indigent Defense Services, available at http://www.opd.wa.gov/Trial per- cent20Defense/080721 percent20wsbastandards408.pdf (last visited Mar. 16, 2009. 204. The Massachusetts Performance Guidelines, available at http://www.publiccounsel.net/private_counsel_manual/private_coun- sel_manual_pdf/chapters/chapter_4_sections/criminal/criminal_district_court_superior_court_murder_(trial_level).pdf (last visited Mar. 16, 2009). 205. The Nevada Performance Standards, available at http://www.nvsupremecourt.us/documents/orders/ADKT411AdoptStan- dards.pdf (available at Mar. 16, 2009). 206. New York State Bar Association, Standards for Providing Mandated Representation, adopted by the House of Delegates on April 2, 2005, available at http://www.nysba.org/AM/Template.cfm?Section=Home&TEMPLATE=/CM/ContentDisplay.cfm&CON- TENTID=2726 (last visited Mar. 16, 2009). 207. Nevada Indigent Defense Performance Standards, Standard 1(c), supra . n. 202. 208. For more on this process, see Standards of Practice Enforcement Web site at http://www.indigentdefense.virginia.gov/Stand- ofPracEnf.htm (last visited Mar. 2, 2009). 209. Press Release, Congress Passes Durbin Bill Providing Student Loan Relief for Young Prosecutors and Public Defenders (Aug. 4, 2008), available at http://durbin.senate.gov/showRelease.cfm?releaseId=301775 (last visited Mar. 16, 2009). 210. See id. 211. See National Association of Law Placement, What Do New Lawyers Earn? A 15-Year Retrospective as Reported by Law School Graduates , NALP B ULLETIN (Sept. 2007). 212. Inadequate compensation frequently afflicts both prosecutors and defenders. In many cases, both sides are paid inadequately. See, e.g., Crocker Stephenson, State Assistant Prosecutors Quitting Over Pay, Caseloads, J OURNAL -S ENTINEL (Oct. 27, 2008). 213. See Job Announcement, available at http://www.alleghenycounty.us/jobs/OPDdefat.aspx (last visited Feb. 24, 2009). 214. The District Attorneys in Allegheny County are also paid poorly, although their pay increases more with experience than that of the public defenders. The starting salary in the District Attorney’s office is about $1,000 higher than the public defender at $39,625 per year. It increases to $44,932 at five years, $59,885 at eight to 10 years, $67,663 at 11-15 years, and $71,452 at more than 15 years. The elected District Attorney salary in 2007 was $151,115. By contrast, the defenders are lagging behind. The Chief Defender’s salary is $93,000. One of the senior managers receives $62,000. One of the defender attorneys who had 10 years’ experience reported that last year he received a raise from $48,000 to $58,000 per year. 215. See Memorandum of Law In Support of Motion to Appoint Other Counsel (citing a Florida Bar survey), available at http://www.pdmiami.com/ExcessiveWorkload/Memorandum_of_Law_in_Support_of_Motion_to_Appoint_Other_Counsel- Oscar_Munoz.pdf (last visited Mar. 2, 2009). 216. Ten Principles of a Public Defense Delivery System, supra n. 60, at Principle 8. 217. Id. at Commentary to Principle 8 (emphasis added). 218. Id.
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Endnotes
The Terrible Toll of America’s Broken Misdemeanor Courts
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