Minor Crimes, Massive Waste (2009)

The Terrible Toll of America's Broken Misdemeanor Courts


About the National Association of Criminal Defense Lawyers
4

About the Foundation for Criminal Justice
5

Acknowledgements
6

Executive Summary
7

Introduction
10

Methodology
10

The Misdemeanor Courts
11

The Volume of Misdemeanor Offenses
11

Rights of Defendants in Misdemeanor Cases
11

Right to Counsel in Misdemeanor Cases
11

Why Are Lawyers Needed in Misdemeanor Cases?
12

Consequences of a Misdemeanor Conviction
12

Problems in Misdemeanor Courts
14

Absence of Counsel
14

Uninformed Waiver of Counsel
15

Eligibility Limitations for Counsel
16

Conferring Directly with Prosecutors
16

Recommendations — Absence of Counsel
17

Deterrents to Asking for Counsel
18

Delay
18

Application Fees
19

Recommendations — Deterrents to Asking for Counsel
19

Misdemeanor Caseloads
20

The Meaning of the Caseload Numbers
22

Excessive Caseloads Put Lawyers in Jeopardy
22

Recommendations — Excessive Caseloads
24

Why are Misdemeanor Caseloads So High?
25

Overcriminalization
25

Misdemeanor Indigent Defenders Take Brunt of Budget Shortages
26

Recommendations — Causes of Excessive Caseloads
27

Misdemeanor Defense in Practice
30

Meet and Plead
31

Denial of Bond/Inability to Make Bail and the Pressure to Plead
32

Prosecutorial Pressure to Plead
33

Impact of Increased Collateral Consequences on Misdemeanor Caseloads
34

Early Disposition Projects
34

Effect of Excessive Caseloads on the Clients
35

Recommendations — Misdemeanor Defense in Practice
36

Misdemeanor Defenders Lack Access to Support Services
38

Recommendations — Lack of Support Services
39

Inexperienced Counsel in Misdemeanor Courts
39

Lack of Training
39

Lack of Supervision
40

Recommendations — Inexperienced Counsel in Misdemeanor Courts
40

Lack of Standards
41

Recommendations — Lack of Standards
41

Inadequate Compensation for Defenders in Misdemeanor Courts
42

Recommendation — Inadequate Compensation
43

Judicial Conduct in Misdemeanor Courtrooms
44

Disparate Treatment of Indigent Defendants
44

Judges Face Discipline for Not Honoring Right to Counsel
45

Recommendations — Judicial Conduct in Misdemeanor Cases
45

Lawyer Burnout in Misdemeanor Courts
46

Recommendation — Lawyer Burnout
46

Disproportionate Effect on Minority Communities
47

Recommendations — Disproportionate Impact on Minority Communities
48

Conclusion
48

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