SUMMARY OF RECOMMENDATIONS
Recommendations — Absence of Counsel The right to counsel should be observed in accordance with Argersinger v. Hamlin and Alabama v. Shelton. Waivers of counsel should be handled carefully, with judges ensuring that the defendant fully under- stands his or her right to counsel, as well as the dangers of waiving counsel. Appointment of counsel should be automatic for any defendant who appears without counsel until it is demonstrated through a fair and impartial eligibility screening process that the defendant has the financial means to hire an attorney to represent him or her in the matter charged. Ethical prohibitions on prosecutors speaking directly with defendants should be strictly enforced. Recommendations — Deterrents to Asking for Counsel Defense counsel should be available to represent an accused person at the first appearance. No application fee should be charged for public defense services. Recommendations — Excessive Caseloads All persons representing indigent defendants should be subject to caseload limits that take into account the unique nature of the jurisdiction and its misdemeanor practice and, under no circumstances, ex- ceed national standards. When caseloads become burdensome, defenders, pursuant to their ethical obligations, should seek to discontinue assignments and/or withdraw from cases until the caseloads become manageable.
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Recommendations — Causes of Excessive Caseloads
Offenses that do not involve a significant risk to public safety should be decriminalized. Diversion programs should be expanded. Funding for misdemeanor defense should permit the maintenance of appropriate caseloads. Counties and states should discontinue the use of flat-fee contracts as a means of providing indi- gent defense services. Recommendations — Misdemeanor Defense in Practice Guilty pleas should not be accepted at first appearance unless the attorney has fully informed the de- fendant of the options, the potential defenses, the potential outcomes, the consequences of foregoing further investigation and discovery, the possible sentences, and the collateral consequences of con- viction, and the defendant understands and chooses to plead guilty. In addition to conducting a full and vigorous colloquy, judges should require defense attorneys to aver, on the record, that these steps have been taken. The impact of bail and bond determinations on the pressure to plead should be considered with regard to each defendant.
Recommendations
The Terrible Toll of America’s Broken Misdemeanor Courts
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