EXECUTIVE SUMMARY
T he explosive growth of misdemeanor cases is placing a staggering burden on America’s courts. Defenders across the country are forced to carry un- ethical caseloads that leave too little time for clients to be properly repre- sented. As a result, constitutional obligations are left unmet and taxpayers’ money is wasted. NACDL’s comprehensive examination of misdemeanor courts, including a review of existing studies and materials, site visits in seven states, an internet survey of de- fenders, two conferences, and a webinar, demonstrated that misdemeanor courts across the country are incapable of providing accused individuals with the due process guaranteed them by the Constitution. As a result, every year literally mil- lions of accused misdemeanants, overwhelmingly those unable to hire private coun- sel, and disproportionately people of color, are denied their constitutional right to equal justice. And, taxpayers are footing the bill for these gross inefficiencies. Legal representation for misdemeanants is absent in many cases. When an attorney is provided, crushing workloads often make it impossible for the defender to ef- fectively represent her clients. Counsel is unable to spend adequate time on each of her cases, and often lacks necessary resources, such as access to investigators, experts, and online research tools. These deficiencies force even the most compe- tent and dedicated attorneys to engage in breaches of professional duties. Too often, judges and prosecutors are complicit in these breaches, pushing defenders and de- fendants to take action with limited time and knowledge of their cases. This leads to guilty pleas by the innocent, inappropriate sentences, and wrongful incarceration, all at taxpayer expense. This report explains, in depth, these and other problems observed in misdemeanor courts and offers recommendations for reform, while highlighting best practices from across the country. The recommendations include:
7
Divert misdemeanors that do not impact public safety to penalties that are less costly to taxpayers. Defenders and judges across the country noted that misdemeanor dockets are clogged with crimes that they believe should not be punishable with expensive incarceration. Right now, taxpayers expend on average $80 per inmate per day 1 to lock up misdemeanants accused of things like turnstile jumping, fish and game violations, minor in possession of alcohol, dog leash violations, driving with a suspended license, pedestrian solicitation, and feeding the homeless. These crimes do not impact public safety, but they do have a huge impact on state and local budgets across the country. Continued on next page 1
The Terrible Toll of America’s Broken Misdemeanor Courts
Made with FlippingBook Online document maker