Prosecutors should not utilize time limits on plea bargains to coerce early pleas, particularly when the time limit does not permit defense counsel to fully assess the appropriateness of the plea and ad- vise the client. When setting the caseload standards for a jurisdiction, particular attention should be paid to the col- lateral consequences of convictions in that jurisdiction and the time needed by the defender to re-
search, understand, and advise clients with regard to collateral consequences. Early disposition projects should not be exempted from caseload limits.
Recommendations — Lack of Support Services Misdemeanor defenders should have access to legal research tools, investigative resources, and ex- pert witnesses. Social workers or other mental health support services should work in tandem with defenders to screen clients for mental health issues. Recommendations — Inexperienced Counsel in Misdemeanor Courts Public defense attorneys should be required to attend training on trial skills, substantive and proce- dural laws of the jurisdiction, and collateral consequences before representing clients in misdemeanor court. Thereafter, regular training on topics relevant to the practice area should be required on an ongoing basis. Public defenders and assigned counsel in misdemeanor court should be actively supervised by expe- rienced trial attorneys. Recommendations — Lack of Standards Jurisdictions should adopt practice standards applicable to all attorneys representing indigent de- fendants. Jurisdictions should have an active process for enforcement of standards. Recommendation — Inadequate Compensation Misdemeanor public defense counsel should receive fair compensation, including medical and re- tirement benefits. Recommendations — Judicial Conduct in Misdemeanor Cases All judges handling misdemeanor cases should receive extensive training on the importance of crim- inal charges and the direct and collateral impact of pleading guilty on the defendant. Judges should be disciplined for failing to enforce the constitutional rights of defendants.
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Recommendation — Lawyer Burnout
Defender programs should have an active plan for combating attorney burnout.
Recommendations — Disproportionate Impact on Minority Communities Defender offices should gather data regarding racial and ethnic disparities. Defenders should make efforts to address racial disparities in the criminal justice system.
Minor Crimes, Massive Waste
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