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Government Command Center 19 items

Indigent Defense & Public Defender Program Compliance Checklist

Helps an indigent defense office or oversight commission evaluate eligibility screening, workload controls, timeliness of appointment, and independence consistent with the constitutional right to counsel.

Gideon v. WainwrightABA Ten Principles of a Public Defense Delivery SystemState Indigent Defense Standards

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Eligibility & Appointment

  • Is counsel appointed for eligible defendants at or before the first appearance? *
  • Are financial eligibility standards applied uniformly and documented? *
  • Is counsel provided in all cases where incarceration is a possible outcome, including misdemeanors? *
  • Are conflict-of-interest cases identified and referred to conflict counsel? *

Workload & Caseload Controls

  • Does the office track attorney caseloads against adopted maximum workload standards? *
  • Is there a documented process to decline or withdraw when caseloads exceed limits? *
  • Are investigators and experts available and funded for the defense? *
  • Current average open caseload per full-time attorney: *

Attorney Qualifications & Supervision

  • Are attorneys assigned to case types (e.g., capital, felony) that match their qualifications and experience? *
  • Do attorneys meet annual continuing legal education requirements in criminal defense? *
  • Is there structured supervision and performance review of defense attorneys? *
  • Are new/contract attorneys mentored before handling serious cases? *

Independence & Funding

  • Is the defense function independent of the judiciary and prosecution in case assignment and management? *
  • Is funding parity with the prosecution monitored and reported? *
  • Are contract-defender fee structures free of incentives that discourage effort (e.g., flat fees)? *

Client Communication & Quality

  • Are clients contacted promptly after appointment and confidential meeting space provided? *
  • Are language and disability accommodations provided at no cost to the client? *
  • Is a client complaint and quality-review process in place? *
  • Notes on deficiencies observed: *

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