U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
State-Funded Indigent Defense 
Services, 1999
September 2001, NCJ 188464
Revised 10/01/01
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By Carol J. DeFrances, Ph.D.
BJS Statistician
            
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Highlights
            
*  In 1999, 21 State governments funded
virtually all indigent criminal defense
services; 20 States had a combination of
State and county funds; and 9 States
relied solely on county funds.  
*  The 21 States, accounting for 27% of
the U.S. population, spent $662 million
on indigent criminal defense services in
1999, more than double the total amount
in 1982 in constant dollars. 
*  Public defender programs -- 19 of the
21 States funded public defender programs.  
Over 726,000 criminal cases were received 
by the public defender programs in the 
17 States reporting criminal caseload data.
  
*   Assigned counsel programs -- 19
States provided indigent defense services 
through assigned counsel programs.  Ten 
States maintained a roster of private 
attorneys who could be appointed to represent 
indigent criminal defendants.  Five of the 
ten States had formal procedures for removing
attorneys from the roster. 
*  Contract attorney programs -- 11
States funded contract attorney programs.  
Contracts were administered to public 
defender offices, law firms, individual 
solo practitioners, nonprofit organizations, 
or groups of private attorneys or law firms.  
Five States reported competitively bidding 
for indigent criminal defense services.
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In 1999 State governments provided 90% 
or more of the funding for indigent criminal 
defense services in 21 States, an increase 
of 4 States since 1982.  In 11 of these 
States, the State government provided 100% 
of the funding for indigent criminal defense
services.
Of the remaining 10 States with State-
funded programs, 7 indicated also receiving 
some Federal money to fund indigent defense 
services; 3 States reported support from 
foundation grants or client co-pays and 
collections; and 1 State indicated its largest 
county used a portion of its own money to 
fund indigent criminal defense services.
***Footnote 1: Information for Maryland 
was taken from the website for the Maryland 
Manual at http://www.mdarchives.state.md.
us>.***
This report presents findings from data
collected as part of the National Survey
of Indigent Defense Systems (NSIDS).
The Bureau of Justice Statistics (BJS)
with funding from the Bureau of Justice
Assistance conducted NSIDS in 1999-2000.  
A previous report described indigent criminal 
defense services in the Nation's 100 most 
populous counties.***Footnote 2: Indigent
Defense Services in Large Counties, 1999,
BJS Bulletin, November 2000, NCJ 184932.***  
            
This report examines the characteristics
and operations of State-funded indigent
defense systems.  State-level information 
is reported for the 21 States where virtually 
all of the funding for indigent criminal 
defense services at the trial level comes 
from the State government.***Footnote 3: In
1999 county governments in nine States
(Arizona, California, Idaho, Illinois,
Michigan, Pennsylvania, South Dakota,
Texas, and Utah) entirely funded indigent
criminal defense services.  In the
remaining 41 States indigent defense 
received partial funding (20) or virtually
all funding (21) from State governments.
See Improving Criminal Justice Systems.
Through Expanded Strategies and Innovative
Collaborations: Report of the National
Symposium on Indigent Defense, Office of
Justice Programs, March 2000, NCJ 181344,
Appendix 6, at <http://www.ojp.usdjo.gov/
indigentdefense/icjs.pdf>***
 
The decentralized nature and diverse ways 
of delivering indigent defense services make 
collecting information nationwide difficult.  
Because of their more centralized and uniform 
nature, information on State-funded systems 
is easier to obtain. The 21 States examined 
in this report provide the most comprehensive 
State-level information collected on indigent 
criminal defense services since the 
1980's.***Footnote 4: National Criminal
Defense Systems Study, BJS, September 1986,
NCJ 94702, and Criminal Defense for the 
Poor, 1986, BJS Bulletin, September 1988,
NCJ 112919.***  
            
The 21 States included in this report
accounted for 27% of the U.S. population in 
1999 and 25% of Part 1 Uniform Crime Report 
(UCR) offenses reported to the police in 1999.
***Footnote 5: The 1999 State population 
estimates were taken from <http://www.census.
gov/population/estimates/state/st-99-1.txt>
Part 1 UCR offense reported to the police
were taken from Crime in the United States:
1999, FBI, table 4.*** These 21 States make 
up the largest single category of funding 
sources for trial-level indigent criminal 
defense services. Although each of the 21 
State governments funded indigent criminal
defense services, the 21 States delivered 
these services in a variety of ways (box on 
page 3).  For example, Maine delivered the 
majority of its indigent criminal defense 
services through an assigned counsel program. 
Oregon primarily used a system of awarded 
contracts.  Minnesota and New Mexico did 
not have assigned counsel programs but 
instead relied on statewide public defender 
programs and contract attorney programs. 
            
Even within specific program types, the
organization of the programs varied.  For
example, 16 of the 19 States with public
defender programs had statewide systems 
that delivered indigent criminal defense 
services through local branches or offices. 
Typically, one chief or state public defender 
had oversight for the entire program. In 
the remaining three States, the State 
government provided the funding but the 
public defender programs were locally 
established.  Counties or judicial districts 
within the State operated separate public 
defender programs, with each program headed by 
a chief public defender.***Footnote 6: This 
information is from a review of the statutes
for the 19 States and from Improving Criminal
Justice Systems Through Expanded Strategies
and Innovative Collaborations: Report of the
National Symposium on Indigent Defense,
Office of Justice Programs, March 2000, NCJ
181344, Appendices 6 and 7, at <http://www.
ojp.usdoj.gov/indigentdefense/icjs.pdf>.***
            
Expenditures for indigent criminal
defense services
            
In 1982 the 21 States included in this
report spent an estimated $251 million
(in 1999 dollars) on all indigent defense
services.  In 1999 these same 21 States
had indigent criminal defense expenditures 
of approximately $662 million, almost 3 
times the 1982 total amount.  New Jersey, 
the most populous of the 21 States, spent 
the most ($73 million) on indigent criminal
defense services while Vermont, the smallest 
of the 21 States, spent the least ($6 
million).  In terms of per capita spending, 
Alaska spent the most ($19) and Missouri 
the least ($5).
            
All 21 States expcept Maine and Oregon
expended funds for some form of a public 
defender programs.  Most States (19) also 
supported assigned counsel programs. Eleven 
States indicated expenditures for contract 
attorney programs.
            
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Types of indigent defense services
            
Three primary ways of providing indigent
defense services have emerged throughout the 
Nation.  States and localities use these 
methods of delivering indigent defense 
services either singly or in combination.  
This report uses the following categories 
to describe indigent criminal defense
services.  Individual State programs may
use slightly different terminology.
                                                    
Public defender -- A salaried staff of
full-time or part-time attorneys that
renders indigent criminal defense services 
through a public or private nonprofit 
organization, or as direct government paid 
employees.
            
Assigned counsel -- The appointment from a 
list of private bar members who accept cases 
on a judge-by-judge, court-by-court, or 
case-by-case basis. This may include an 
administrative component and a set of rules 
and guidelines governing the appointment
and processing of cases handled by the
private bar members.
            
Contract -- Nonsalaried private attorneys, 
bar associations, law firms, consortiums or 
groups of attorneys, or nonprofit corporations 
that contract with a funding source to 
provide court-appointed representation in a
jurisdiction.
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Public defender programs
            
Location of public defender programs
            
Nineteen States reported funding public
defender programs.  Public defender
programs in 16 of the 19 States were
statewide programs with local or regional 
offices located throughout the State. In 
1999, 11 of these statewide public defender 
programs had an oversight commission. North 
Carolina, Virginia, and West Virginia did 
not have statewide public defender programs. 
            
*  In North Carolina, 13 counties comprised 
11 defender districts, each with a public 
defender office.  In the remaining 87 
counties, appointment of private 
attorneys  by the court was the primary 
method of providing indigent defense 
services.***Footnote 7: North Carolina
General Statues, Chapter 7A.***
             
*  Virginia's 20 public defender offices
served 46 of the 95 counties or independent 
cities.***Footnote 8: Code of Virginia, Title
19.2, secs.163.2.***  In the counties or 
independent cities without a public defender 
program, court-appointed counsel was the 
primary method used.
            
*  15 of West Virginia's 31 judicial
circuits had public defender corporations.  
The remaining 16 circuits had assigned counsel 
programs.***Footnote 9: Office of Legislative
Auditor, Department of Administration, State
of West Virginia, Preliminary Performance
Review of Public Defenders Service: Maximum
Use of Public Defender Corporations Needed
to Control Costs, January 1999.***
            
New Hampshire and West Virginia funded their 
public defender program through an awarded 
contract.  Nine States reported their public 
defender program was part of the State 
executive branch.  The location and nature 
of the public defender programs in the 
other 10 States reporting this information 
varied. For example, in Delaware and
Massachusetts the public defender program 
was an independent agency of the State 
government, while in New Hampshire and 
West Virginia the program was established 
as an independent nonprofit organization. 
            
Number of chief public defenders and
term of office  
            
The term chief public defender was
defined differently across defender
programs.  Fifteen of the 16 statewide
public defender programs had 1 chief
public defender who had program oversight.  
By contrast, Minnesota reported 11 chief 
public defenders: the State Board of 
Public Defense appointed a chief district 
public defender for each of 10 judicial 
districts.  The district public defender 
offices handled felony and misdemeanor 
cases.  The State Board of Public Defense 
also appointed a State public defender 
whose office represented indigent defendants 
in appeals and post-conviction
proceedings.***Footnote 10: Minnesota 
Statues, Chapter 611.215 and Chapter
611.23.***     
            
In the three States that did not have a
statewide public defender, a chief public
defender administered each separate
program or defender district. 
            
For example, North Carolina reported 11
chief public defenders, Virginia 20, and
West Virginia 15. The chief public defender 
had an established term of office in 11 
States and in the primary program in 
Alaska. In seven States and the alternate 
program in Alaska, the chief public 
defender served at the pleasure of the 
appointing authority. 
            
Selection and salary of chief 
public defenders
            
Unlike their chief prosecutor
counterparts who are primarily elected,
the chief public defenders were appointed 
in all 19 States.11  In eight States the 
governor appointed the chief public 
defender; in seven States, an independent 
board or commission made the appointment; 
and in the remaining four States, judges, 
the program advisory-board, the board of 
trustees, or the corporate board of 
directors. 
            
In five States (Massachusetts, Minnesota, 
North Carolina, Rhode Island, and West 
Virginia) the chief public defender carried 
a caseload.  In 1999 annual salaries for 
chief public defenders ranged from $62,000 
to $111,000.
            
Salaries of assistant public 
defenders
            
The minimum salaries for entry-level
assistant public defenders ranged from
$29,000 to $45,000 among the States
reporting this information.
            
The minimum salary for an assistant
public defender with 5-years experience
ranged from $35,000 to $55,000.  The
minimum salary for a supervisory
attorney ranged from $41,000 to
$77,000. 
            
Public defender program staffing 
            
The statewide public defender program
in New Jersey employed the most staff 
(870).  Four States (Colorado, Minnesota, 
Missouri, and New Jersey) reported 200 
or more assistant public defenders. New 
Jersey reported the largest number of 
investigators at 220. Eight States 
(Connecticut, Delaware, Massachusetts, 
Minnesota, Missouri, New Mexico, Rhode 
Island, and West Virginia) indicated 
employing social workers.  Only New 
Mexico and Rhode Island reported having 
indigency screeners.
            
Public defender program caseload
            
Besides handling criminal cases, all the
public defender programs in the 18 States 
reporting case information had 
responsibility for handling other types 
of cases as well.  In 1999 public defender
programs received over 726,000 criminal 
cases, 144,000 juvenile cases, 26,000 civil 
cases, and 33,000 other types of cases 
(special proceedings, child abuse, child 
protection, post-conviction parole and 
probation, and withdrawals).  
            
In the 16 States reporting public defender 
expenditures and criminal caseload, the 
estimated cost per criminal case was 
$490.***Footnote 12: This estimated cost
per case was calculated by using the 1999
public defender expenditure data from
table 7 (excluding Maryland, Minnesota,
and New Mexico from both tables).  The
cost-per-case estimate for individual
types of cases can vary greatly, depending
on resources needed.  A death penalty case,
for example, would require much more than
a larceny case.***
            
Assigned counsel programs
            
Appointment of private attorneys
            
Fourteen of the 19 States with assigned
counsel programs in 1999 provided
some detailed information on attorney
appointments. Five States indicated that
either judges (Connecticut, Iowa, and
West Virginia) or the assigned counsel
program (Colorado and Massachusetts)
appointed the private attorneys to
represent indigent criminal defendants.  
            
Eight States reported multiple offices
could make private attorney appointments.  
For example, in Maine, New Hampshire, North 
Carolina, Oregon, Rhode Island, and Vermont, 
the court (judges) or the court clerk's 
office could assign private attorneys to
represent indigent criminal defendants. 
            
Private attorney roster 
            
The assigned counsel programs in Iowa,
Vermont, and West Virginia did not
maintain a roster of attorneys.  In the 10
States where the assigned counsel program 
maintained a roster of attorneys, 5 
(Connecticut, Massachusetts, North Carolina, 
Rhode Island, and Wisconsin) had formal 
procedures for removing attorneys from the 
roster.  
Private attorneys were included on the
assigned counsel programs roster in
various ways.  In Missouri the public
defender system maintained the roster
of private bar attorneys.  In Maine all
attorneys in the local bar were included
on the roster unless they requested to
be removed;  Maine attorneys also could
volunteer for specified types of cases.  
            
In seven States private attorneys were
placed on the roster after volunteering
and meeting qualifications (not shown in
a table).  Attorneys qualified through
approval by program administrators,
through attending legal seminars or
training each year, or through
participating in training prior to
representing clients. 
            
Assigned counsel private attorney
appointments and caseload
            
The number of private attorney
appointments ranged from 200 in
Oregon to 4,800 in Massachusetts. 
Taken together, the assigned counsel
programs in the 13 States reporting
caseload information received almost
700,000 cases.  About 302,000 criminal
cases and 87,000 juvenile cases were
received by assigned counsel programs. 
An additional 11,000 cases involved 
civil matters.
A quarter of the cases received by 
assigned counsel programs in North
Carolina and Virginia involved termination 
of parental rights, abuse and neglect, 
guardian ad litem, and contempt. 
            
Contract attorney programs
            
Contracts administered
Eleven States reported contract attorney 
programs. The number of contracts for 
indigent criminal defense services 
administered in these 11 States ranged from 
1 in Maine to 600 in Iowa.  Three States
(New Hampshire, Oregon, and Vermont)
indicated administering contracts awarded 
to public defenders.  Ten States admin-
istered contracts to individual solo 
practitioners; 9 States, law firms which 
handled both indigent and private cases; 
6 States, nonprofit organizations; and 
3 States, a law firm or group of private 
attorneys or law firms joined solely to 
provide indigent representation under 
the contract.  None of the States 
responding administered a contract to a 
bar association.
            
Contract awarding and monitoring 
            
Alaska, Maine, New Hampshire, Oregon, and 
Wisconsin reported competitively bidding 
for indigent criminal defense services.  
Oregon awarded contracts to handle the 
majority of its indigent criminal cases.  
In several counties in New Mexico and 
Vermont, contracts were awarded to handle 
the majority of indigent criminal cases.  
Eight States reported that the State public
defender program handled the majority of 
indigent criminal cases and contracts were 
only awarded to handle public defender 
conflicts.  Alaska and Iowa contracted 
out cases not handled by the public defender 
program.
            
Contract attorney program caseload
            
In the 9 States reporting contract attorney 
caseload information, the number of cases 
received by contract attorneys ranged from 
over 140,000 in Oregon to 22 in Minnesota.  
In these 9 States, contract attorneys handled 
about 192,000 cases.  Contract attorneys
handled about 122,000 criminal cases,
13,000 juvenile cases, and 5,000 civil
cases.  
            
Methodology  
            
Respondent selection
            
In 1999 State governments provided
virtually all of the funding for indigent
criminal defense services in 21 States.
All 21 States were selected to receive
program questionnaires as part of the
the National Survey of Indigent Defense
Systems (NSIDS). The data collection
for NSIDS was conducted by the National 
Opinion Research Center.  The program 
questionnaire is available at the
BJS website
http://www.ojp.usdoj.gov/bjs/pub/
pdf/nsids99_p.pdf>
            
Survey response
            
Of the 26 program surveys mailed to the
various state agencies within the 21
States, 25 were completed.  No information 
was received from Maryland's State Public 
Defender Program or the assigned counsel
program.  In Alaska two program surveys 
were mailed, one to the primary public 
defender program and one to the alternate 
public defender program (Office of Public 
Advocacy).  In Colorado, New Hampshire, 
Rhode Island, and Virginia one program 
survey was mailed to the public defender
program and one to the assigned counsel 
program.  In the remaining 16 States, one 
program survey was mailed to the appropriate 
State agency or program.
            
All the information presented in the text
and tables of this report came from the
data gathered from the program surveys
unless otherwise noted.
            
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The Bureau of Justice Statistics is the
statistical agency of the U.S.
Department of Justice.  Lawrence A.
Greenfeld is the acting director.
            
BJS Special Reports address a specific
topic in depth from one or more data
sets that cover many topics.
            
Carol J. DeFrances wrote this report.  At
BJS Keonna Feaster  provided statistical
review; Marika F.X. Litras and Lyndon
Diaz assisted with the construction of
the maps; and Steven K. Smith provided
overall guidance for the project.  
            
Data collection was performed by the
National Opinion Research Center
(NORC); Natalie Suter was the project
director.  At NORC, project staff included
Rachel Harter, Angela Herrmann, Irv
Horwitz, Kymm Kochanek, Jayan
Moolayil, Gloria Rauens, Joanna Small,
Hee Choon Shin, Charles Taragon, and
Crystal Williams.
            
September 2001, NCJ 188464
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End of file
09/13/01 ih
Revised 10/01/01 th