For our look at criminal justice.
- Part One.
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- What is indigent defense?
In the United States, a public defender is a lawyer appointed by the courts and provided by the state or federal governments to represent and advise those who cannot afford to hire a private attorney. Public defenders are full-time attorneys employed by the state or federal governments. The public defender program is one of several types of criminal legal aid in the United States.
Prior to the Sixth Amendment of the United States Constitution, legal aid was accessible only to those who had the ability to pay. During that time, people who were not able to pay for an attorney usually did not have access to one. The Sixth Amendment changed this concept that only those who had money had the right to an attorney.
- Texas Indigent Defense Commission.
The Texas Legislature created the Texas Task Force on Indigent Defense in 2001 to remedy persistent deficiencies in Texas indigent defense:
- Access to counsel
- Quality of counsel
- Data collection
In 2011, the Task Force became the Texas Indigent Defense Commission. TIDC is tasked with funding, overseeing, and improving public defense in each of Texas's 254 counties. TIDC is led by 13 Commission Members and 18 staff.
- DOJ: Indigent Defense.
Despite the right to counsel guaranteed in the Sixth Amendment of the U.S. Constitution, in many places economically disadvantaged defendants still are not represented or are underrepresented. Indigent defendants are often forced to wait in jail for long periods of time before ever meeting with an attorney. Heavy caseloads, insufficient resources, and inadequate oversight make it difficult for many attorneys representing indigent clients to completely fulfill their legal and ethical obligations.
The defense of indigent juveniles poses its own unique problems for the proper and fair functioning of the justice system. Youth defendants are often encouraged (to their disadvantage) to waive the right to counsel. Many courts accept these waivers with little challenge.
- TAC: Indigent Defense.
Indigent defense expenditures are one of the major uncontrollable cost drivers in county budgets. The state should fully fund this unfunded mandate.
- Texas counties are responsible for the costs of appointed counsel for indigent defendants.
- Counties are authorized to deliver indigent defense services through a system that best meets local needs.
- Providing court appointed counsel for indigent defendants is a major uncontrollable expense in county budgets.
- Since passage of the Fair Defense Act, indigent defense costs have increased 228% from $91.4 million in 2001 to $299.9 million in 2019.
- In FY 2019, the state funded only about $28.5 million of the total statewide indigent defense costs, while counties contributed approximately $271.4 million (about 90% of the total costs).
- Additional state funding in the next legislative session would assist counties and their taxpayers in offsetting the costs of this significant unfunded mandate.
- Brazoria County: Indigent Defense.
