U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Statistics

TECHNICAL REPORT July 2014, NCJ 246683

Indigent Defense Services in the 

United States, FY 2008–2012 – Updated

Stephen D. Owens, Elizabeth Accetta, Jennifer J. Charles, 

and Samantha E. Shoemaker, U.S. Census Bureau

Background

Indigent defense delivery systems in the United States vary 

widely and are complicated as a whole. This report provides 

an initial snapshot based on publicly available information 

and additional data provided by several states. The 

information in this report is not intended to provide legal 

advice. BJS is currently conducting a comprehensive survey 

of indigent defense delivery systems, the results of which will 

be released at a future date. 

The Sixth Amendment to the U.S. Constitution states that all 

persons accused of a crime have the right to counsel in their 

defense. Explicitly, the Sixth Amendment states that—

In all criminal prosecutions, the accused shall enjoy the 

right to a speedy and public trial, by an impartial jury of 

the state and district wherein the crime shall have been 

committed, which district shall have been previously 

ascertained by law, and to be informed of the nature 

and cause of the accusation; to be confronted with the 

witnesses against him; to have compulsory process 

for obtaining witnesses in his favor, and to have the 

assistance of counsel for his defense.1

Over the legal history of the United States, the Supreme 

Court has ruled that the Sixth Amendment requires the 

levels of government to provide counsel to persons accused 

of crime who cannot afford to hire a lawyer. The right of 

appointing counsel applies to the federal government from 

the Sixth Amendment and to the state governments under 

the due process clause of the Fourteenth Amendment. 

To comply with the U.S. Supreme Court’s directives, 

state governments have established a range of indigent 

defense services.

Indigent defense methods of administration and operation 

vary by state. Some states administer all programs at the 

state level (i.e., state run), some administer all programs at 

the county level, and some have a hybrid delivery system 

in place. The operation and funding of indigent defense 

programs also varies by state. In some states, all funding 

is provided by the state (i.e., state funded), while in other 

states, funding is a shared responsibility among state and 

local governments. The Commonwealth of Pennsylvania is 

the only state that leaves the entire responsibility for funding 

indigent defense to the local governments, in particular, 

to counties.

This report describes the indigent defense system for each 

state and the District of Columbia, including information 

on administration, methods of operation, and funding. It 

provides both direct and intergovernmental indigent defense 

expenditures of state governments for fiscal years 2008 

through 2012, and it presents local government expenditures 

aggregated at the state level. The report uses administrative 

data from the U.S. Census Bureau’s Government Finance 

Survey and available data from state government budget and 

appropriation documents.

State government data used in this report along with 

total state government judicial-legal expenditures are also 

presented in the BJS report, State Government Expenditures, 

FY 2008–2012 (NCJ 246684, BJS web, July 2014).

Methodology

Legal research

The information presented in each state’s section was 

collected by searching for the authorizing statutes in each 

state and basic research on the programs’ websites. The 

information gathered includes each state’s indigent defense 

program information, responsibility at each government 

level for both the administration and funding, and the 

board composition.

Obtaining expenditure data

State government expenditures were obtained from a 

database query of the data from the U.S. Census Bureau’s 

Annual Survey of State Government Finances. A significant 

portion of the expenditure data for this survey was 

collected from administrative records provided by each 1U.S. Const. amend. XI.

Revised April 21, 2015
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 2

state government. A query of the database on keywords of 

descriptions provided the initial collection of expenditures. 

On the rare instance when detail was unavailable, an external 

source was consulted to obtain actual data. (See appendix table 

1 for state government indigent defense expenditures by state 

for fiscal years 2008 through 2012.)

Depending on the state’s organization, expenditures for 

retirement and other benefits for employees may not be 

included. (See appendix table 2 for a summary of which state 

expenditures include retirement benefits.) This is largely due 

to the state having a centralized agency that reports retirement 

benefits for the entire state government. Because it is a central 

agency, the detail provided does not separate each payment by 

government agency, leaving these expenditures unavailable.

To obtain local government expenditures, a query similar to 

that of state expenditures was run from the Annual Survey 

of Local Government Finances when available. Some states 

have worked with the Census Bureau to establish central 

collection agreements in the form of administrative record 

data for each local government. In other cases, larger local 

governments provided the Census Bureau with administrative 

records similar to the state government records. In these 

cases, the Census Bureau was able to query the database on 

keywords of descriptions. In instances in which only specific 

local governments were responsible for indigent defense 

expenditures, an external source was used.

Comparing Census Bureau data to an external source

To determine the accuracy of data presented from the Annual 

Survey of State Government Finances, the Census Bureau 

compared these data to information provided by external 

sources, including state budgets, state comprehensive annual 

financial reports, agency reports, and appropriation bills. 

This enabled the Census Bureau to compare actual reported 

expenditures from a state source and expenditures queried in 

the Census Bureau database. 

Appendix table 2 provides a summary of each external 

source, whether the external amounts were appropriated 

or actual amounts, and the percentage difference between 

Census Bureau data and external amounts. The year used for 

comparison was fiscal year 2011. The tables provided in the 

report also show external amounts for each fiscal year from 

2008 through 2012. Appendix A provides a brief summary of 

the causes for disparity between external amounts and Census 

Bureau data.

Alabama

Office of Indigent Defense Services (est. 1975)

Code of Alabama § 12-19-252; 15-12-1 

Alabama’s Office of Indigent Defense Services provides a 

state-run indigent defense system. It is located within the state’s 

Department of Finance and is administered by a director. 

The Office of Indigent Defense Services provides services to 

defendants in criminal or juvenile proceedings in the trial 

and appellate courts of the state, including parents of children 

during termination of parental rights hearings.

Alabama imposes a Fair Trial Tax to fund the expenses of 

providing indigent defense in the state. If the proceeds from 

the tax fail to cover the cost of services, the legislature may 

annually appropriate the necessary amount from the state 

treasury’s General Fund. Some counties are authorized to 

impose a court cost for defender services. In these counties, 

the county funds defender services from the revenues of the 

court cost, and the state pays a reasonable share of the cost of 

maintaining such an office, as determined by the director. 

Local administration

Code of Alabama § 15-12-1 

In each judicial circuit in the state, a voluntary indigent 

defense advisory board is comprised of five members, 

including the presiding circuit judge, the president of the local 

circuit bar association, and three attorneys appointed by the 

bar commissioner(s) for that circuit. Each board is responsible 

for determining the permitted method or methods of indigent 

defense services in the circuit. The methods include one or a 

combination of the following: use of appointed counsel, use of 

contract counsel, and use of public defenders. In circuits where 

a public defender office is established, the director appoints a 

public defender for said circuit. The public defender may hire a 

deputy director and staff. A public defender may represent 

defendants in municipal court at the request and consent of a 

municipal governing body. The municipality reimburses the 

office for these services. The director approves the operating 

expenses, salaries, benefits, and overall budget of each office in 

advance.

Alaska

Public Defender Agency (est. 1969)

Alaska Stat. § 18.85.010 through 18.85.080

The Public Defender Agency, located in the state’s Department 

of Administration, serves the needs of indigent defendants 

in the State of Alaska. A public defender appointed by 

the governor, subject to confirmation by the legislature, 

TABLE 1

Alabama state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Alabama*

2008 $67,749 $47,000

2009 66,895 41,000

2010 63,702 40,371

2011 65,197 40,190

2012 59,707 40,255

*Amounts are appropriations.

Sources: State of Alabama, Executive Budget; and U.S. Census Bureau, Annual Survey 

of State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 3

administers the agency. The public defender may appoint 

individuals and delegate responsibilities to carry out the 

functions of the agency. The public defender may use 

appropriations to contract private attorneys to provide services 

to indigent defendants. Currently, 13 offices are located 

throughout the state to help provide these services.

The court may determine indigence for an individual who 

is charged with a serious crime; is entitled to representation 

under the Supreme Court Delinquency or Child in Need of 

Aid Rules; is isolated, quarantined, or required to be tested 

under order for disease control and threats to public health; 

or against whom commitment proceedings for mental illness 

have been initiated. The Public Defender Agency is comprised 

of four divisions to provide various services:

 The Criminal Division provides representation to 

individuals charged with felony and misdemeanor offenses, 

from arraignment through trial and sentencing, including 

felony and misdemeanor petitions to revoke probation.

 The Civil Division is responsible for Child in Need of Aid 

cases, and represents minors in juvenile delinquency cases 

and individuals subject to civil commitment proceedings.

 The Appellate Division handles appeals statewide for 

criminal cases, Child in Need of Aid cases, and juvenile 

delinquency cases. It also handles post-conviction relief 

applications and parole hearings.

 The Administrative Section provides statewide 

administrative services and support to the agency’s 

13 offices.

Alaska Office of Public Advocacy (est. 1984)

Alaska Stat. § 44.21.400 through 44.21.470

The Office of Public Advocacy, located in the state’s 

Department of Administration, oversees indigent defense in 

cases where the Public Defender Agency has a conflict. 

Although the office also serves several other functions, 

including public guardianship and civil prosecution of persons 

accused of defrauding indigent senior citizens, approximately 

65% of the office’s budget is dedicated to indigent defense.

Arizona 

Public Defender Training Fund 

Ariz. Rev. Stat. Ann. § 12-117

The Arizona Supreme Court administers the Public Defender 

Training Fund to provide monies for public defender training. 

Funds are distributed to county public defender offices in 

proportion to the number of felony cases assigned to that office 

in the previous fiscal year. 

State Aid to Indigent Defense Fund (est. 1999)

Ariz. Rev. Stat. Ann. § 11-588

County funds and court-ordered administrative assessments 

and reimbursements are appropriated to finance indigent 

defense services. A county may be reimbursed for expenses 

incurred to provide public defender services to municipal 

courts or agencies not under the jurisdiction of the county. 

The State Aid to Indigent Defense Fund, administered by 

the Arizona Criminal Justice Commission, provides state aid 

to the county public defender, legal defender, and contract 

indigent defense counsel for the processing of criminal cases. 

The fund consists of monies collected by the Arizona Supreme 

Court and Arizona Court of Appeals to pay for filing fees, 

surcharges on certain fees, and penalties for criminal and some 

civil offenses.

State Capital Postconviction Public Defender Office

The State Capital Postconviction Public Defender Office in 

Arizona was abolished in 2012. The office was responsible for 

providing representation to indigent persons convicted of the 

death penalty in post-conviction relief proceedings in the state 

court. The state capital post-conviction public defender was 

appointed by the governor.

TABLE 2

Alaska state government indigent defense expenditures, 

FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Alaska*

2008 $31,521 $31,948

2009 33,232 33,830

2010 35,198 35,960

2011 37,370 38,445

2012 40,036 40,856

*Amounts are actual expenditures.

Sources: Governor’s Operating Budget, Department of Administration Public 

Defender Agency Component Budget Summary; and U.S. Census Bureau, Annual 

Survey of State Government Finances, FY 2008–2012.

TABLE 3 

Arizona state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Arizona*

2008 $2,611 $1,927

2009 2,447 1,745

2010 2,188 1,902

2011 2,155 2,099

2012 1,378 1,408

*Amounts are actual expenditures. Amounts for the Public Defender Training Fund 

were not available for fiscal years 2008–2009.

Sources: State of Arizona Executive Budget, State Agency Budget; and U.S. Census 

Bureau, Annual Survey of State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 4

Local administration

The board of supervisors in a county may establish an office 

of the public defender and appoint said public defender. A 

public defender may appoint deputies, with the consent of the 

board of supervisors and other personnel. The public defender 

is responsible for submitting an annual report to the board 

of supervisors on its activities. Services may be provided for 

defendants facing offenses triable in the state superior court or 

justice courts at all stages of proceedings, extradition hearings, 

mental disorder hearings, involuntary commitment hearings, 

juvenile delinquency and incorrigibility proceedings, appeals 

to the higher courts, all juvenile proceedings other than 

delinquency and incorrigibility proceedings, and all mental 

health hearings regarding release recommendations held 

before the psychiatric security review board. Services may be 

provided by court-appointed counsel or public defenders in 

counties that have established such an office.

The City of Phoenix and Maricopa County provided data to 

the Census Bureau. 

Arkansas

Arkansas Public Defender Commission (est. 1997)

Ark. Code Ann. § 16-87-201 through 16-87-218

While counties in Arkansas have responsibility for some 

indigent defense expenses in the state, the Arkansas Public 

Defender Commission is primarily responsible for these 

services. The commission has the power to—

 establish policies and standards for the public defender 

systems throughout the state, including standards for 

determining who qualifies as an indigent person

 establish policies and standards for the organization and 

operation of public defenders’ offices throughout the state, 

including funding, compensation, staffing, and standards of 

experience for attorneys assigned to particular cases

 allocate personnel for each public defender’s office 

throughout the state, and approve the reassignment of cases 

from one public defender to another public defender in 

an adjacent area for the purpose of avoiding conflicts or 

adjusting caseloads

 maintain for each judicial district a current list of private 

attorneys who are willing to accept court appointments 

and who meet any other qualifications established by 

the commission

 maintain a separate list of private attorneys who are willing 

to accept court appointments in capital cases and who meet 

any other qualifications established by the commission.

The Trial Public Defender Office, under the Public Defender 

Commission, supervises the Arkansas trial public defender 

system’s development and operation of rules, regulations, 

and standards for governing that have been adopted by the 

commission. The commission’s Capital, Conflicts, and Appellate 

Division provides legal services to indigent defendants in capital 

and appellate cases, and cases in which local public defenders 

have a legal or ethical conflict. County or regional public 

defender offices are located in each of the state’s 23 judicial 

districts. Some districts have more than one office. Additionally, 

the commission has established conflict offices around the state. 

The commission has seven members appointed by the governor. 

At least four members of the commission must be attorneys who 

are licensed to practice law in the State of Arkansas and 

experienced in the defense of persons accused of crimes. At least 

one member of the commission must be a county judge, and at 

least one member must be a trial judge who hears criminal 

cases. No more than two members of the commission are 

residents of the same congressional district, and no two 

members of the commission are residents of the same county. 

The state assumes most of the obligation for funding indigent 

defense throughout the state, except for small county 

contributions toward running the county offices.

California

Office of the State Public Defender (est. 1796)

Cal. Gov. Code § 15400

California has a state public defender, who is appointed by 

the governor and subject to confirmation by the state senate. 

The state public defender may employ deputies and other 

personnel and may establish and operate offices to provide 

TABLE 4 

Arizona local government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year Maricopa County City of Phoenix

2008 $81,138 $4,484 

2009 83,827 4,527

2010 82,603 4,350

2011 83,525 4,475

2012 86,522 ...

...Not available.

Source: Maricopa County and the City of Phoenix Budget Publications, 

FY 2008–2012.

TABLE 5

Arkansas state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Arkansas*

2008 $28,744 $19,124

2009 22,395 19,841

2010 29,795 20,934

2011 34,277 21,496

2012 37,600 23,372

Note: Due to lack of details in the state budgets, data only reflect expenses of the 

Arkansas Public Defender Commission and do not include other court expenses 

(e.g., conflict cases).

*Amounts are actual expenditures. 

Sources: Arkansas State Budget Publications, FY 2008–2012; and U.S. Census Bureau, 

Annual Survey of State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 5

indigent defense services. The state public defender may 

contract with county public defenders, private attorneys, 

and nonprofit corporations to provide services. The primary 

focus of the state public defender is post-conviction appellate 

representation in death penalty cases. The state public defender 

is funded from the state’s General Fund. 

Habeas Corpus Resource Center (est. 1998)

Cal. Gov. Code § 68650

The State of California’s Habeas Corpus Resource Center, 

located in the judicial branch of the state government, provides 

attorneys to indigent persons convicted and sentenced to death 

in state and federal court post-conviction actions. The center 

is governed by a board of directors and an executive director, 

who is selected by the board of directors and confirmed by the 

state senate. The California Supreme Court appoints attorneys 

of the center, which reports annually to the state legislature, 

governor, and state supreme court.

California Appellate Project (est. 1983)

The California Appellate Project provides representation to 

indigent persons in death penalty appeals and other criminal 

appeals before the California Supreme Court. In addition, the 

project provides representation to indigent persons in criminal, 

juvenile delinquency, and juvenile dependency cases pending 

before the Second Appellate District of the California Court 

of Appeal. The project is a nonprofit corporation established 

in 1983 by the State Bar of California, and the project’s board 

of directors is comprised of former officials of the State Bar. 

The project is funded primarily by a contract with the Judicial 

Council of California. 

Local administration

Cal. Gov. Code § 22770

Indigent defense services in California are provided primarily 

at the county level, which may provide services through 

contract counsel, assigned counsel, or a public defender 

office. The board(s) of supervisors of one or more counties 

may establish an office of the public defender for the county 

or counties. When an office is established, it is determined 

whether the public defender is to be appointed or elected. 

Public defenders are appointed by and serve at the will of the 

county board(s) of supervisors. 

The boards of supervisors of two or more counties may 

authorize the respective public defenders to enter into 

reciprocal or mutual assistance agreements. Agreements allow 

counties to temporarily loan deputy public defenders to the 

county participating in the agreement to provide indigent 

defense services. The county receiving the loaned deputy 

public defender reimburses the county that provides services. 

A board of supervisors may also authorize the reciprocal or 

mutual assistance agreements with the state public defender. 

The county or counties is responsible for office expenses. A 

public defender will annually submit a report to the board(s) 

of supervisors on its activities and finances. Indigent defense 

services may be provided at all stages of legal proceedings to a 

defendant charged with any contempt or offense triable in the 

superior court, or in any civil litigation in which a defendant is 

being persecuted or unjustly harassed.

California is the only state for which the Census Bureau did 

not receive an electronic source. As a result, the expenditures 

for this state were compiled using the State of California 

Governor’s Budget. Amounts reported are actual expenditures.

Colorado

Office of the State Public Defender (est. 1969)

Colo. Rev. Stat. § 21-1-101 through 21-1-106

Four agencies are responsible for some portion of indigent 

defense for the state: the Office of Dispute Resolution, the 

Office of the Child’s Representative, the Office of the State 

Public Defender, and the Office of the Alternate Defense 

Counsel. Indigent defense is completely state funded in 

Colorado and is administered by a judicial agency called 

the Office of the State Public Defender or the Office of the 

Alternate Defense Counsel, which provides representation in 

criminal and juvenile delinquency cases. The OSPD system is 

comprised of a statewide administrative office, 21 regional trial 

offices, and a centralized appellate office that handles felony 

appeals from every jurisdiction in the state. 

The Colorado Supreme Court appoints the five-member public 

defender commission, with no more than three members from 

the same political party. Three members of the commission 

must be attorneys licensed to practice law in Colorado, and 

two members must be citizens of Colorado and not licensed to 

practice law in Colorado. A member of the commission may 

not be a judge, prosecutor, public defender, or employee of a 

law enforcement agency.

Office of the Alternate Defense Counsel (est. 1997)

Colo. Rev. Stat. § 21-2-101 through 21-2-107

Colorado’s Office of the Alternate Defense Counsel provides 

legal representation in circumstances in which the state public 

defender has a conflict of interest with regard to providing 

legal representation. The Colorado Supreme Court appoints 

the nine members to the commission. No more than five 

members of the commission may be from the same political 

party. Six members of the commission must be attorneys 

licensed to practice law in Colorado who have experience in 

TABLE 6

California state government indigent defense 

expenditures, FY 2008–2012

Fiscal year Total expenditures (in thousands)*

2008 $24,131

2009 24,613

2010 23,338

2011 23,459

2012 22,672

*Amounts are actual expenditures.

Source: State of California Governor’s Budget, FY 2008–2012.

Revised April 21, 2015
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 6

the practice of criminal defense. Three members of the 

commission must be citizens of Colorado who are not licensed 

to practice law in Colorado. In addition, each congressional 

district in the state must have one member on the commission. 

A member of the commission may not be a judge, prosecutor, 

public defender, or employee of a law enforcement agency. 

Connecticut

Public Defender Services Commission (est. 1974)

Conn. Gen. Stat. § 51-289 through 51-300

The Public Defender Services Commission in Connecticut is 

responsible for policymaking, appointments of all personnel, 

and compensation matters. The commission is located within 

the judicial department for fiscal and budgetary purposes only, 

and consists of seven members: two members are judges of the 

Connecticut Superior Court, appointed by the chief justice; 

one member is appointed by the state’s speaker of the house of 

representatives, the president pro tempore of the state senate, 

the minority leader of the state’s house of representatives, and 

the minority leader of the state senate; and one member is 

appointed by the governor. 

The commission is responsible for the rules and operation 

of the state’s Division of Public Defender Services and may 

establish such divisions, facilities, and offices as needed. It 

appoints a public defender for each judicial district and a 

public defender to handle appellate matters and provide legal 

support services in the Connecticut Superior Court. The 

commission assumed responsibilities on July 1, 2011, from 

the Commission on Child Protection and the chief child 

protection attorney. The Office of the Chief Public Defender 

is responsible for administering the public defender system 

statewide and providing specialized legal representation. The 

commission appoints the chief public defender. Individual 

public defender offices are located in the 13 judicial 

districts, 20 geographical areas, and 12 juvenile venues of 

the Connecticut Superior Court that provide legal services 

throughout the state.

Indigent defense services may be provided to defendants 

who are formally charged with a crime that is punishable by 

imprisonment or for representation and ad-litem services to 

indigent children and parents in child welfare, family, and child 

support matters by order of the Connecticut Superior Court.

Delaware

Office of the Public Defender (est. 1953)

Del. Code Ann. Title 29 § 4601 through 4607

Indigent defense in Delaware is completely state funded and is 

administered by the Office of the Public Defender, a state 

agency. The state public defender represents all indigent 

defendants in trial and appellate cases, is appointed by the 

governor, and must be a qualified attorney licensed to practice 

law in Delaware. The public defender may appoint as many 

assistant attorneys, clerks, investigators, stenographers, and 

other employees as deemed necessary to carry out the 

responsibilities of the office. An assistant attorney must be a 

qualified attorney licensed to practice in Delaware. The office 

has one central administrative office and two regional offices. 

Most conflict cases are handled by a pool of private attorneys 

who are contracted by the state. The few conflict cases that are 

not handled by contract counsel are appointed to private 

attorneys. The Delaware Administrative Office of the Courts 

paid the attorneys and tracked the data on conflict counsel 

until 2011, when those functions were assumed by the Office of 

the Public Defender.

TABLE 7 

Colorado state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Colorado*

2008 $80,906 $80,859

2009 92,322 92,164

2010 93,784 93,961

2011 90,896 96,050

2012 100,714 103,706

*Amounts are actual expenditures.

Sources: Colorado State Judicial Department Budget Publications; and U.S. Census 

Bureau, Annual Survey of State Government Finances, FY 2008–2012.

TABLE 8

Connecticut state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Connecticut*

2008 $48,062 $47,624

2009 48,511 48,512

2010 48,265 48,403

2011 50,476 50,484

2012 64,002 64,006

*Amounts are actual expenditures.

Sources: Annual Report of the State Comptroller - Budgetary Basis, FY 2008; Annual 

Reports of the Chief Public Defender, FY 2009–2012; and U.S. Census Bureau, Annual 

Survey of State Government Finances, FY 2008–2012.

TABLE 9

Delaware state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Delaware*

2008 $14,944 $14,659

2009 14,550 15,151

2010 14,162 14,579

2011 15,015 14,538

2012 18,792 15,819

*Amounts are appropriations.

Sources: Delaware Senate Appropriations Bill; and U.S. Census Bureau, Annual 

Survey of State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 7

District of Columbia

Public Defender Service (est. 1960) 

Pub. L. No. 91-358, Title III, 301 (1970); D.C. Code § 2-1601, et 

seq., 2001 ed. 

In the District of Columbia, indigent defense services 

are provided by the Public Defender Service (PDS), an 

independent legal organization that is governed by an 

11-member board of trustees. PDS is a federal program; 

the service is federally funded, and funds are held in the 

U.S. Treasury. PDS attorneys generally represent indigent 

individuals in criminal appeals, in parole revocation hearings, 

in D.C. Superior Court Drug Intervention Program sanction 

hearings, facing involuntary commitment in the mental health 

system, who are children with special education needs that 

face delinquency charges, and certain civil proceedings. PDS 

is comprised of seven divisions: Trial Division, Appellate 

Division, Special Litigation Division, Parole Division, 

Mental Health Division, Civil Legal Services Division, and 

Community Defender Division.

Private attorneys funded through the Criminal Justice 

Act provide representation for indigent individuals not 

represented by PDS. Both PDS and private attorneys providing 

representation are appointed by the District of Columbia 

courts. Services may be provided to indigent individuals who 

face a loss of liberty. Typically, the PDS handles criminal cases, 

while private attorneys provide representation to individuals 

facing less serious misdemeanor and regulatory offenses.

Florida

Florida Public Defender Association (FPDA) (est. 1972)

Not statutorily established

Indigent defense in Florida is completely state funded and is 

administered through a system of elected public defenders. A 

public defender is assigned to each of the 20 judicial circuits. 

Each public defender must have been a member of the 

Florida Bar for at least 5 years and must have been elected at a 

general election.

Public defenders provide representation at the trial level, 

while appellate representation is handled by five regional 

offices. Conflict cases are appointed to qualified private 

attorneys. Florida has created circuit indigent defense 

services committees, funded by the state, to oversee conflict 

attorneys in all criminal cases. In addition, three Capital 

Collateral Regional Counsel offices provide representation to 

indigent capital prisoners in state and federal post-conviction 

proceedings. A board of directors governs FPDA. The board is 

comprised of the 20 elected public defenders in Florida, plus 

two representatives of the assistant public defender staff and 

one representative apiece from public defender investigative 

and administrative staff. 

The U.S. Census Bureau has been unable to obtain the level of 

detail required to measure actual expenses for Florida. See 

appendix A for more information.

Georgia

Georgia Public Defender Standards Council (est. 2003)

O.C.G.A. § 17-12-1 

The Georgia Public Defender Standards Council is an 

independent agency within the executive branch of the 

state government that is responsible for overseeing indigent 

defense in the state. The council consists of nine appointed 

members. Circuit court defender offices and other attorneys 

representing indigent persons, with support services provided 

by the council, provide indigent defense services in the state. 

The Georgia Capital Defender Division is located within the 

council to provide representation to indigent persons charged 

with capital felony cases with the possibility of a death sentence 

in trial court and appeals to the Supreme Court of Georgia. 

The council acts as the fiscal officer for all circuit public 

defender offices and is responsible for maintaining records 

of all monies received from each governing authority. The 

director, with input from the council, establishes procedures 

for providing representation to indigent defendants in case 

of conflict with a circuit public defender office, which may 

include appointing counsel on a case-by-case basis or using a 

different circuit public defender office. The council submits an 

annual report to the state general assembly, governor, and state 

supreme court. The council is also responsible for submitting 

a budget estimate to the director of the Office of Planning 

and Budget.

Counties may opt out of this system and operate an alternate 

delivery system.

Local administration

O.C.G.A. § 17-12-20

A circuit public defender supervisory panel is located in 

each judicial circuit in the Georgia. The panel consists of 

three members: one member appointed by the chief judge 

of the Superior Court of the Circuit, the governor, and the 

chairperson of the governing authority or sole commissioner 

TABLE 10

Florida state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Florida*

2008 $239,255 $367,235

2009 221,414 371,609

2010 218,951 342,090

2011 210,888 344,459

2012 214,526 345,833

*Amounts are appropriations.

Sources: Florida State Budget Publications; and U.S. Census Bureau, Annual Survey 

of State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 8

in which the judicial circuit convenes. The circuit public 

defender supervisory panel and the director of the Georgia 

Public Defender Standards Council appoint the circuit public 

defender for each circuit. 

The circuit public defender determines indigence, supervises 

assistant public defenders and staff, administers daily 

operations of the office, and maintains records for the office. 

Each circuit public defender office has a juvenile division. The 

circuit public defender provides representation to indigent 

defendants for any case in the superior court or juvenile case 

with the possibility of imprisonment or probation, a suspended 

sentence of imprisonment that may be adjudged, or any direct 

appeal of the proceedings previously mentioned. Any city or 

county may contract with an office to provide representation 

for indigent persons accused of violating a city or county 

ordinance. The state general assembly funds circuit public 

defenders through the General Appropriations Act. Counties 

and cities may supplement additional funds for public 

defenders. The governing bodies of counties in a judicial 

circuit provide funding to cover public defender office costs.

Hawaii

Office of the Public Defender (est. 1970)

Haw. Rev. Stat. Ch. 802

Since 1970, Hawaii’s Office of the Public Defender has 

provided indigent defense services. For administrative 

purposes, the office is located within the state’s Department of 

Budget and Finance. It is administered by a defender council of 

five members who are appointed by the governor, one member 

from each of Hawaii’s counties. The council appoints a state 

public defender. 

Public defense services may be provided to an individual 

arrested for, charged with, or convicted of an offense 

punishable by confinement in jail or prison, individuals 

involved in family court matters, and individuals subject to 

confinement and involuntary medical treatment for mental 

health reasons. 

Idaho

Office of the State Appellate Public Defender (est. 1998)

Idaho Code § 19-867

The Office of the State Appellate Public Defender, located in 

the state’s Department of Self-Governing Agencies, provides 

counsel to indigent defendants who have been convicted of 

a felony in district court and to petitioners in state felony 

post-conviction and habeas corpus cases. In capital cases, 

when a defendant has been sentenced to death, the office 

provides court representation for post-conviction proceedings 

and representation on appeal from both the denial of a 

post-conviction petition and the direct appeal from the 

judgment of conviction. 

The office is administered by the state appellate public 

defender, who is appointed by the governor with the advice 

and consent of the state senate. The state pays the expenses 

of the office. The state appellate public defender may employ 

personnel and deputy state appellate public defenders to 

provide services. The state appellate public defender may 

also contract with private attorneys on a case-by-case basis. 

The office annually reports its activities to the state board of 

examiners, the supreme court, the legislature, and any of the 

participating counties that were provided services in a given year. 

Local administration

Idaho Code § 19-851

Counties in Idaho are responsible for most indigent defense 

services in the state. Indigent defense services are provided 

at all stages of legal proceedings to a defendant who is 

formally charged or being detained under the conviction of 

a serious crime. Services may also be provided to any person 

being detained or confined and subject to hospitalization for 

mental illness or the inability to stand trial or make informed 

decisions. To provide indigent defense services, the board of 

county commissioners in each county establishes an office 

of the public defender or juvenile defender and makes an 

arrangement with the courts in the county to assign counsel, or 

some combination of these methods. 

TABLE 11

Georgia state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Georgia*

2008 $46,191 $71,050

2009 61,895 62,381

2010 39,556 66,509

2011 67,643 67,652

2012 69,539 69,535

*Amounts are actual expenditures.

Sources: Georgia Budgetary Compliance Reports; and U.S. Census Bureau, Annual 

Survey of State Government Finances, FY 2008–2012.

TABLE 12

Hawaii state government indigent defense expenditures, 

FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Hawaii*

2008 $9,732 $9,262

2009 9,973 9,339

2010 9,079 ...

2011 8,732 ...

2012 9,275 9,793

... Not available. 

*Amounts are appropriations.

Sources: Executive Biennium Budgets, Operating and Capital Budget - Department 

of Budget and Finance, FY 2007–2009 and FY 2011–2013; and U.S. Census Bureau, 

Annual Survey of State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 9

One or more counties may choose to establish a joint office 

of the public defender. The board of county commissioners 

appoints the public defender or juvenile public defender. 

The county pays the fees of counsel assigned by the courts 

or appropriates funds for the office of the public defender. 

Assigned counsel and public defenders are required to 

submit an annual report to the county commissioners and, 

if appropriate, the administrative district judges on their 

activities and expenses. 

Counties may elect, on resolution of the county’s board of 

commissioners, to participate in a Capital Crimes Defense 

Fund, which is used to cover costs of criminal cases when the 

death penalty is a possibility. The fund is comprised of 

contributions from participating counties and any court fees or 

other funds designated or appropriated by the state legislature. 

The fund is operated under a joint powers agreement by 

participating counties. A board of representatives operates and 

administers the fund. The creating agreement determines how 

representatives are selected. A representative appointed by the 

governor may be added to the board if the fund receives 

appropriations from the legislature. An additional 

representative may be appointed by the Idaho Supreme Court 

if the fund is designated court fees. Only counties that 

participate in this fund are permitted to use services of the 

Office of the State Appellate Public Defender. 

Illinois

Office of the State Appellate Defender (est. 1972)

725 Ill. Comp. Stat. 105/1 through 105/11

The State Appellate Defender Office, a judicial department 

of the state, represents indigent defendants on appeal when 

appointed by the Illinois Supreme Court, appellate court, or 

circuit court. The appellate office has district-level offices in 

each of the five appellate districts of the state, with a deputy 

defender who serves as the administrator of the district office 

for each judicial district. The office also maintains a panel of 

private attorneys available to serve as counsel on a case-by-case 

basis, hires investigators to provide investigative services to 

appointed counsel and county public defenders, provides 

training to county public defenders, and provides county 

public defenders with the assistance of expert witnesses and 

investigators from funds appropriated to the state appellate 

defender by the general assembly. 

The State Appellate Defender Commission, which advises the 

office, consists of nine members: a chairman appointed by 

the governor, one member appointed by the Illinois Supreme 

Court, one member appointed by each of the five appellate 

courts, one member appointed by the state supreme court 

from a panel of three persons nominated by the Illinois 

State Bar Association, and one member appointed by the 

governor from a panel of three persons nominated by the 

Illinois Public Defender Association. Because each county 

administers programs independently, no central agency or 

organization at the state level provides county expenditure in a 

central location.

Local administration

County public defenders provide for almost all indigent 

defense services in the State of Illinois. Each county in the state 

with 35,000 or more inhabitants has a public defender office. In 

counties with smaller populations, the county board may 

choose either to create a public defender office or use an 

alternate system of providing indigent defense services. When 

two or more adjoining counties are located within the same 

judicial circuit, the two counties may create a shared public 

defender office. The chief public defender is selected by the 

president of the county board of supervisors in Cook County 

and by the presiding circuit court judge in all other counties. 

In addition, the state funds two-thirds of the chief defender’s 

salary.

Indiana

Office of the State Public Defender 

Burns Ind. Code Ann. § 33-40-1-1 

The Office of the State Public Defender in Indiana provides 

the state public defender, who is appointed by and serves at 

the pleasure of the Indiana Supreme Court. The operating 

expenses of the office are approved by the Indiana Supreme 

Court and annually appropriated by the state.

TABLE 13

Idaho state government indigent defense expenditures, 

FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Idaho*

2008 $2,052 $2,073

2009 2,084 2,020

2010 1,930 1,913

2011 1,987 1,990

2012 1,990 1,994

*Amounts are actual expenditures.

Sources: Idaho Legislative Fiscal Report; and U.S. Census Bureau, Annual Survey of 

State Government Finances, FY 2008–2012.

TABLE 14

Illinois state government indigent defense expenditures, 

FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Illinois*

2008 $24,424 $24,424

2009 25,132 25,137

2010 23,463 23,441

2011 22,952 22,949

2012 20,266 20,268

*Amounts are actual expenditures.

Sources: Illinois State Budget Publications, FY 2008–2012; and U.S. Census Bureau, 

Annual Survey of State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 10

State Public Defender Council

Burns Ind. Code. Ann. § 33-40-4-1 

Indiana also has a judicial branch agency called the State 

Public Defender Council, which helps to coordinate and 

assist attorneys who provide indigent defense services in 

the state. The council’s membership includes all public 

defenders, contractual pauper counsel, and other regularly 

court-appointed attorneys in the state. The council is directed 

by 11 members, including ten elected by the membership, plus 

the state public defender.

Public Defender Commission

Burns Ind. Code Ann. § 33-40-5-1; 33-40-6-1 

The Indiana Public Defender Commission consists of 

11 members, including three appointed by the state governor, 

three appointed by the chief justice of the Indiana Supreme 

Court, one appointed by the Board of Trustees of the Indiana 

Criminal Justice Institute, two members of the state’s house 

of representatives appointed by the speaker of the house, and 

two members of the state senate appointed by the president 

pro tempore of the senate. The commission helps to make 

recommendations on standards of indigent defense services in 

the state, particularly for capital cases. The commission is also 

responsible for authorizing reimbursements to counties from 

the Public Defense Fund.

Local administration

Burns Ind. Code Ann. § 33-40-2-1; 33-40-7-1; 33-40-8-1

A county executive may establish a county public defender 

board by ordinance.2 A board consists of three members: two 

are appointed by county judges who exercise felony or juvenile 

jurisdiction, and one is appointed by the county executive. The 

board also prepares a plan on how to provide indigent defense 

services through one or more of the following methods: 

establishing a county public defender’s office, contracting 

with one or more attorneys or private organizations, using an 

assigned counsel system of panel attorneys on a case-by-case 

basis, and establishing a public defender’s office for the 

criminal division for the superior court in counties with a 

population of more than 400,000 but less than 700,000. If a 

county public defender office is established, the board must 

recommend an annual operating budget to the county fiscal 

body, appoint a county public defender, and submit annual 

reports on the office’s activities to the county executive, fiscal 

body, and judges. 

The public defender is responsible for maintaining the office 

and hiring staff, with the approval of the county executive 

and fiscal body, and may contract with attorneys to provide 

indigent defense services. Additionally, any judge who has 

criminal jurisdiction may request services from the state 

public defender in appeals of criminal cases. If the state public 

defender chooses to accept the case or appoints one of the 

state public defender’s deputies, the county in which the case 

originated pays the office for services rendered. 

All counties may submit requests for reimbursement 

from the state’s Public Defense Fund for 50% of a county’s 

expenditures for indigent defendants facing the death penalty, 

and eligible counties may seek reimbursements for 40% of 

county expenditures for noncapital crimes, not including 

misdemeanors. However, this has not always occurred in 

practice. A county is considered eligible for reimbursement 

of expenditures for noncapital crimes after passing an 

ordinance to create a public defender board and adopting a 

comprehensive plan in line with the standards of the Indiana 

Public Defender Commission. The fund is administered by 

the Division of State Court Administration of the Indiana 

Supreme Court.

A supplemental public defender fund is established in each 

county unless a county has a population of more than 400,000 

but less than 700,000, in which case a fund must be established 

in each city that provides funding for a public defender 

to represent indigent defendants in city court. The fund 

consists of certain fees, including pretrial services fees and 

appropriations from the county. 

Services may be provided to any defendant confined in a penal 

facility in the state or committed to the Indiana Department 

of Corrections due to a criminal conviction or delinquency 

adjudication in a post-conviction proceeding. 

Of Indiana’s 92 counties, 62 are currently in the Public Defense 

Fund reimbursement program. However, 8 of the 62 counties 

in the program are not requesting or are not eligible for 

reimbursements.

TABLE 15

Indiana state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Indiana*

2008 $21,778 $21,960

2009 22,822 23,267

2010 23,839 23,928

2011 23,975 24,009

2012 24,906 24,917

*Amounts are actual expenditures.

State of Indiana, Annual Report – Indiana Public Defender Commission, FY 2008– 

2012; State of Indiana, As-Passed Budget, Expenditure Summary – All Funds 

by Agency, FY 2007–2011; State of Indiana, As-Submitted Budget, Expenditure 

Summary – All Funds by Agency, FY 2011–2013; State of Indiana, As-Passed Budget, 

HEA 1001 – The Budget Bill, FY2011–FY2013; and U.S. Census Bureau, Annual Survey 

of State Government Finances, FY 2008–2012.

2The county executive of certain counties is based primarily on 

population, including Allen, Marion, St. Joseph, and Vanderburg 

Counties, which are not allowed to form county public defender boards 

under state statute. However, these counties may establish a county public 

defender office or agency under special county ordinance.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 11

Census data were also available for Indianapolis.

Iowa

Office of the State Public Defender (est. 1981)

Iowa Code § 13B.1 through 13B.11

Iowa’s Office of the State Public Defender is located within 

the state’s Department of Inspections and Appeals. The state 

public defender administers the office and is appointed by and 

serves at the pleasure of the governor, with confirmation by the 

state senate.

The state public defender coordinates indigent defense services 

for individuals under arrest or charged with a crime and in 

juvenile proceedings at the trial and appellate levels throughout 

the state. The state public defender has currently established 

18 local public defender offices and appellate defender offices 

to provide services. The state public defender also contracts 

with private counsel and nonprofit organizations to provide 

court-appointed representation in some cases. The Indigent 

Defense Fund pays for services, and the fund is administered 

by the state public defender. In addition, the state public 

defender bills each county for reimbursement of a portion of 

the juvenile court expenses incurred on an annual basis. 

The state public defender may also supervise legal services 

provided to inmates in adult correctional institutions in civil 

cases involving prison litigation, which are funded by an 

appropriation to the Iowa Department of Corrections. 

Kansas 

State Board of Indigents’ Defense Services (est. 1981)

Kan. Stat. Ann. § 22-4501

Kansas’ State Board of Indigents’ Defense Services is located 

within the executive branch of the state government. Members 

of the board are appointed by the governor and subject to 

confirmation by the state senate, and the board appoints a 

state director of indigents’ defense services to serve as chief 

executive officer. The board helps to provide, coordinate, 

supervise, and adopt rules and regulations regarding indigent 

defense in the state. The board establishes in each county 

(or combination of counties) a system of appointed counsel, 

contractual arrangements for contract counsel, public defender 

offices, or any combination of methods for the delivery 

of services for indigent defendants accused of a felony. In 

addition, the board may enter into contracts with cities or 

counties to provide, at the expense of a city or county, for the 

defense of misdemeanors or other defense services. Courts 

may appoint an attorney other than a public defender, assistant 

public defender, or contract counsel to provide services to 

an indigent defendant. The board is also responsible for 

appointing public defenders and staff in counties with a public 

defender office. The system providing legal defense services 

for indigent persons, which is in existence and effect in each 

county and judicial district, is subject to change by the State 

Board of Indigents’ Defense Services. The board prepares and 

submits a budget and annual report to the governor and state 

legislature. 

Indigent defense services may be provided to a person charged 

by the state in a complaint, information, or indictment with 

any felony at every stage of proceedings, for extradition 

proceedings, or for a habeas corpus proceedings. In addition, 

services may be provided to an individual who is subject 

to order or commitment due to mental illness. An indigent 

defendant convicted of a felony, capital crime, or on filing a 

motion for writ of habeas corpus or motion attacking sentence 

may receive services in appellate court through the Appellate 

Defender Office in the State Board of Indigents’ Defense 

Services. Any nonprofit may provide legal services to indigent 

TABLE 16

Indiana local government indigent defense 

expenditures, FY 2008–2012

Fiscal year

City of Indianapolis 

total expenditures (in thousands)

2008 $16,300

2009 18,526

2010 17,222

2011 16,379

Source: U.S. Census Bureau, Annual Survey of State and Local Government Finances, 

FY 2008–2012.

TABLE 17

Iowa state government indigent defense expenditures, 

FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Iowa*

2008 $52,424 $54,968

2009 55,319 57,467

2010 55,901 56,510

2011 54,634 57,747

2012 55,726 58,071

*Amounts are actual expenditures.

Sources: Iowa Detailed Budget Book - Agency Operating Budgets; Iowa Budget Book 

Report; and U.S. Census Bureau, Annual Survey of State Government Finances, 

FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 12

inmates of Kansas correctional institutions. In such cases, 

the nonprofit is allowed to request reimbursement for the 

operating budget from the State Board of Indigents’ Services.

Counties in Kansas are responsible for indigent defense for 

misdemeanor and juvenile delinquency matters.

Kentucky

Department of Public Advocacy (est. 1972)

Ky. Rev. Stat. Ann. § 31.010 through 31.250

The Kentucky Department of Public Advocacy (DPA) 

administers the statewide public advocacy system delivery of 

indigent defense services in the state’s 120 counties. The Public 

Advocacy Commission has nine members, plus deans of 

Kentucky’s law schools: two members are appointed by the 

governor; one member is appointed by the governor and must 

be a child advocate or a person with substantial experience in 

the representation of children; two members are appointed by 

the Kentucky Supreme Court; three members are licensed to 

practice law in Kentucky, have substantial experience in the 

representation of persons accused of crime, and are appointed 

by the governor from a list of three persons submitted to the 

governor for each individual vacancy by the board of governors 

of the Kentucky Bar Association; and one member is appointed 

by the governor from a list of three persons submitted to him or 

her by the joint advisory boards of the Protection and Advocacy 

Division of the DPA. The dean of each of the law schools in 

Kentucky or a designee also serves as ex officio members.

By statute, the state is responsible for funding indigent defense 

in Kentucky. Several counties have elected to use its own plan 

for delivery of services, in which case the county contributes 

local funds to augment the state appropriation. The DPA 

currently operates public defender programs in every county, 

with some offices covering multiple counties. Kentucky law 

also requires each county to appropriate 12.5 cents per-capita 

of the county population to a fund established to cover court 

orders entered against counties, such as expert witness fees and 

other comparable expenses associated with providing indigent 

defense services.

Local expenditures for public defender programs in Kentucky 

show the county expenditures provided through the state’s 

Finance and Administration Department expenses.

Louisiana

Louisiana Public Defender Board (est. 2007)

La. Rev. Stat. Ann. § 15:146

The Louisiana Public Defender Board provides supervision, 

administration, and delivery of a statewide public defender 

system, which must deliver uniform public defender services in 

all courts in this state. The board creates mandatory standards 

and guidelines, which require that public defender services be 

provided in a way that is fair and consistent throughout the 

state. Other responsibilities include—

 developing mandatory qualification standards for public 

defenders that ensure public defender services are provided 

by competent counsel

 establishing methods of monitoring and evaluating service 

performance and compliance with standards and guidelines

 enacting policies to ensure that detailed revenue, 

expenditure, and workload data is collected, recorded, and 

used for the improvement of the system

 providing minimum compensation standards for attorneys 

and all non-attorney support staff employed to support the 

delivery of public defense services

 establishing processes and procedures to ensure that 

information technology is available, accessible, and 

consistently used to improve the system’s programs 

and accountability.

TABLE 18

Kansas state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Kansas*

2008 $23,427 $23,412

2009 23,518 23,535

2010 23,767 23,821

2011 22,759 23,226

2012 22,714 22,744

*Amounts are actual expenditures.

Sources: The Governor’s Budget Report; and U.S. Census Bureau, Annual Survey of 

State Government Finances, FY 2008–2012.

TABLE 19

Kentucky state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Kentucky*

2008 $40,087 $40,171

2009 38,619 37,826

2010 44,063 44,072

2011 44,299 44,305

2012 43,586 44,082

*Amounts are appropriations.

Sources: Kentucky State Budget Publications; and U.S. Census Bureau, Annual Survey 

of State Government Finances, FY 2008–2012.

TABLE 20

Kentucky local government indigent defense 

expenditures, FY 2008–2012

Fiscal year Total county expenditures (in thousands)

2008 $1,885

2009 1,751

2010 2,076

2011 2,240

2012 2,311

Source: U.S. Census Bureau, Annual Survey of State Government Finances, FY 

2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 13

A majority of the 42 judicial districts in Louisiana contracted 

501(c)3 organizations for services, while some districts have 

full-time public defender programs. Contract attorneys also 

represent indigent defendants in delinquency, capital, and 

appellate cases where conflict cases arise. All district indigent 

defender boards have contracted with the Louisiana Appellate 

Project to supplement its staff with these services. The district 

public defender for these services is of no cost; it is a form of 

supplemental assistance.

The board consists of 15 members: two members are appointed 

by the governor; two members are appointed by the chief justice 

of the Supreme Court of Louisiana; one member must be a 

juvenile justice advocate; one member must be a retired judge 

with criminal law experience; one member each is appointed by 

the president of the state senate and the speaker of the house of 

representatives; one member is appointed by the governor and 

is an active or retired employee or has an academic association 

representing Louisiana State University Paul M. Hebert 

Law Center, Loyola University School of Law, the Southern 

University Law Center, Southern University Law Center, or 

Tulane University School of Law; two members are appointed 

by the president of the Louisiana State Bar Association; one 

member is appointed by the president of the Louisiana Chapter 

of the Louis A. Martinet Society; one member is appointed by 

the chairman of the Louisiana State Law Institute’s Children 

Code Committee; and one member is appointed by the 

executive director of the Louisiana Interchurch Conference.

Indigent defense in Louisiana is largely funded by a 

combination of court fines and fees, including a specific 

indigent defender fund consisting of a $45 fee assessed on 

certain defendants.

Maine

Maine Commission on Indigent Legal Services (est. 2009)

4 M.R.S. § 1801 through 1806

The Maine Commission on Indigent Legal Services was 

established by the state legislature and began providing 

statewide, state-funded defense services to indigent criminal 

defendants, juvenile defendants, and children and parents in 

protective cases on July 1, 2010. Prior to the establishment 

of the commission, funds were administered through the 

Administrative Office of the Courts. The commission consists 

of five members appointed by the governor, with confirmation 

by the legislature. 

Indigent defense services are provided by both assigned and 

contract counsel. The commission must submit a biennial 

budget request for approval to the Department of 

Administrative and Financial Services, Bureau of the Budget. 

Maryland

Office of the Public Defender (est. 1971)

Md. Criminal Procedure Code Ann. § 16-101 to 16-403

In Maryland, the Office of the Public Defender represents 

indigent individuals. The office is a state agency and is 

completely state funded. A Board of Trustees, named by the 

governor, appoints the public defender and provides advice 

to the public defender in applicable matters. The public 

defender appoints the district defenders for each of Maryland’s 

12 judicial districts and seven specialized divisions. Maryland’s 

public defender program maintains trial divisions in all circuit, 

district, and juvenile courts throughout the state. In addition, 

public defenders in Maryland provide representation in district 

courts, juvenile courts, circuit courts, judicial bail reviews and 

related collateral hearings, and Children in Need of Assistance 

and termination of parental rights cases. Court-appointed 

counsel handles conflict of interest cases. 

TABLE 21 

Louisiana state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Louisiana*

2008 $28,355 $28,101

2009 27,869 29,493

2010 28,074 28,076

2011 33,055 33,057

2012 32,969 32,971

*Amounts are appropriations for FY 2008–2009 and actual expenditures for 

FY 2010–2012.

Sources: Louisiana State Budget Publications; Louisiana Public Defender Board 

Annual Reports, FY 2010–2012; and U.S. Census Bureau, Annual Survey of State 

Government Finances, FY 2008–2012.

TABLE 22

Maine state government indigent defense expenditures, 

FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Maine*

2008 $13,959 $13,697

2009 13,136 9,653

2010 12,571 9,857

2011 13,274 10,995

2012 14,448 12,610

*Amounts are actual expenditures.

Sources: Maine Judicial Branch – Annual Reports, FY 2008–2010; Maine 

Comprehensive Annual Financial Report, FY 2011–2012; and U.S. Census Bureau, 

Annual Survey of State Government Finances, FY 2008–2012.

TABLE 23

Maryland state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Maryland*

2008 $89,141 $89,152

2009 90,735 91,104

2010 85,971 86,119

2011 85,918 85,817

2012 87,952 87,758

*Amounts are actual expenditures.

Sources: Maryland State Judicial and Legal Review Budget Publications; and U.S. 

Census Bureau, Annual Survey of State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 14

Massachusetts

Committee for Public Counsel Services (est. 1983)

Mass. Ann. Laws ch. 211D 1 through 16

The Committee for Public Services oversees and coordinates 

indigent defense services for criminal and civil cases and 

administrative proceedings in which there is a right to counsel. 

The committee consists of 15 members: two members are 

appointed by the governor, two members are appointed by 

the president of the state senate, two members are appointed 

by the speaker of the house of representatives, and nine 

members are appointed by the justices of the state supreme 

judicial court.

The committee uses salaried public counsel, bar advocate, and 

other assigned counsel programs, and uses private attorneys 

serving on a per case basis to provide indigent defense services. 

To supervise the various attorneys and divisions, the 

committee appoints one member as chief counsel and two 

members as deputy chief counsel. The salaried public counsels 

are part of the Public Defender Division. The Private Counsel 

Division is responsible for the supervision and maintenance of 

appointed counsel. It also includes a children and family law 

program, youth advocacy programs, and a mental health unit. 

The chief counsel determines which defendants are 

represented by the Private Counsel Division.

Michigan

State Appellate Defender Office (est. 1978)

Mich. Comp. Laws § 780.711 through 780.719

The Appellate Defender Commission is a seven-member 

commission appointed by the governor: two members are 

recommended by the Michigan Supreme Court; one member 

is recommended by the court of appeals; one member is 

recommended by the Michigan Judges Association; two 

members are recommended by the State Bar of Michigan; 

and one member is a non-attorney selected from the general 

public by the governor. Sitting judges, prosecutors, and law 

enforcement officers may not be appointed to the board. 

The commission provides oversight of two divisions. The first 

division, the State Appellate Defender Office, is state funded, 

staffed by a full-time state appellate defender, and mandated to 

handle 25% of the state’s indigent appellate cases. The second 

division, the Michigan Appellate Assigned Counsel System, is 

responsible for ensuring the other 75% of indigent appellants 

receive competent representation through a statewide, 

privately assigned counsel system. Administrative costs for the 

Appellate Assigned Counsel System are paid by the state, while 

the counties are responsible for the costs of counsel. 

In 2013, by Public Act 93, Michigan created the Michigan 

indigent defense commission to propose minimum 

standards for the local delivery of indigent criminal defense 

services, providing effective assistance of counsel to adults 

throughout Michigan.

Local administration

At the trial level, Michigan indigent defense operates on a 

county basis, with each of the 83 counties selecting its 

preferred system. Each of the counties has sole responsibility 

for the funding of trial-level indigent defense. 

Minnesota

State Board of Public Defense (est. 1986)

Minn. Stat. § 611.14 through 611.273

The State Board of Public Defense in Minnesota consists of 

seven members: four members are attorneys appointed by 

the Minnesota Supreme Court, and three are members of 

the public who are appointed by the governor. The board 

also appoints a chief public defender in each of the state’s ten 

judicial districts and a chief appellate public defender. The 

board distributes funding from the legislature to the district 

and appellate offices. Although the State Board of Public 

Defense is part of the judicial branch of government, it is not 

under the judicial branch’s administrative control.

TABLE 24 

Massachusetts state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Massachusetts*

2008 $204,325 $204,625

2009 192,789 193,104

2010 199,799 199,590

2011 197,040 197,368

2012 191,228 191,754

*Amounts are actual expenditures.

Sources: Committee for Public Counsel Services, Historical Spending; and U.S. 

Census Bureau, Annual Survey of State Government Finances, FY 2008–2012.

TABLE 25

Michigan state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Michigan*

2008 $13,622 $14,907

2009 13,550 14,922

2010 12,833 14,959

2011 12,750 15,022

2012 12,866 ...

...Not available due to changes in the presentation of judicial expense figures.

*Recommended appropriation amounts.

Sources: Michigan State Budget Publications; and U.S. Census Bureau, Annual Survey 

of State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 15

A district public defender office is located in each of the state’s 

ten judicial districts. District public defenders represent 

individuals in trial and juvenile court. An appellate and a state 

public defender office is also located in the state. The state 

public defender supervises the operation, activities, policies, 

and procedures of the statewide public defender system. 

The Appellate Defender Office provides constitutionally 

mandated services to indigent Minnesotans who appeal their 

criminal cases to the Minnesota Court of Appeals and state 

supreme court, those who pursue post-conviction proceedings 

similar to community notification hearings and prison 

disciplinary proceedings in the district courts throughout the 

state, and defendants in supervised release or parole revocation 

proceedings. Most conflict of interest cases are handled by 

part-time public defenders who are employed by the State 

Board of Public Defense, but who maintain private offices. 

Local administration

In the 1990s, Minnesota assumed the cost of the public 

defender system from the counties, with the exception of 

Hennepin County. (In the Fourth Judicial District, costs are 

shared between Minnesota and Hennepin County.) Table 27 

provides additional public defender expenditure information 

for Hennepin County from 2008 through 2012.

Mississippi

Office of State Public Defender (est. 2011)

Miss. Code Ann. § 99-18-1; 99-15-15; 99-40-1; 25-32-71

The Office of State Public Defender in Mississippi became 

active on July 1, 2011. The governor, with the advice and 

consent of the state senate, appoints a state defender to 

maintain the office. The state defender is responsible for hiring 

personnel for the office and the administration, budget, and 

finances of the office and its divisions. The office is comprised 

of three divisions:

 The Capital Defense Counsel Division provides 

representation to indigent individuals under indictment 

for death penalty-eligible offenses, ancillary matters related 

directly to death-eligible offenses, and other activities 

expressly authorized by statute. The division is administered 

by a director, also referred to as the capital defender, who is 

appointed by the state defender.

 The Division of Indigent Appeals handles all felony indigent 

criminal appeals, not including individuals convicted of 

capital offenses.

 The Division of Public Defender Training provides training 

to all of Mississippi’s public defenders at the state, county, 

and municipal levels.

The office is funded by the Capital Defense Counsel Fund, the 

Indigent Appeals Fund, and the Public Defenders Education 

Fund. If needed, the state defender may employ private counsel 

for defendants facing capital charges through appropriations in 

the Capital Defense Counsel Fund.

Office of Post-Conviction Counsel (est. 2000)

Miss. Code Ann. § 99-39-101

The Office of Post-Conviction Counsel in Mississippi is 

supervised by a director who is appointed by the governor, 

with the advice and consent of the state senate. The office 

provides representation to indigent persons on appeal who 

have been convicted and are under a sentence of death. 

A Capital Post-Conviction Counsel Fund within the state 

treasury provides funding for the office. The fund consists 

of monies appropriated by the state legislature, federal 

government, and fees collected for certain violations, 

misdemeanors, and felonies. 

TABLE 26

Minnesota state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Minnesota*

2008 $67,370 $60,708

2009 67,775 62,403

2010 66,238 65,936

2011 67,163 68,394

2012 64,509 66,392

*Amounts are appropriations.

Sources: Minnesota State Budget Publications; and U.S. Census Bureau, Annual 

Survey of State Government Finances, FY 2008–2012.

TABLE 27

Minnesota local government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau Hennepin County*

2008 $14,688 $15,284

2009 14,598 16,133

2010 15,545 16,157

2011 15,714 15,210

2012 14,457 14,843

*Amounts are actual expenditures.

Sources: Hennepin County Budget Publications; and U.S. Census Bureau, Annual 

Survey of State and Local Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 16

Local administration

Miss. Code Ann. § 25-32-1 

A court or judge may appoint counsel to any person charged 

with a felony, misdemeanor that is punishable with 90 or more 

days of confinement, or any act of delinquency.

The board of supervisors of any county or the boards of 

supervisors of two or more counties in the same circuit court 

may establish an office of public defender. The circuit judge, or 

the senior circuit judge if there is more than one circuit judge, 

appoints the public defender when an office is established. The 

county or counties are responsible for providing office space, 

personnel, and funding for such an office and its operating 

expenses. The funds must be paid on allowance by the board of 

supervisors by order of the board. The office will serve as an 

alternative to court-appointed counsel and must provide legal 

defense to any person arrested and charged with a felony, 

misdemeanor, or act of delinquency. The public defender also 

represents persons in need of mental treatment. Services are 

provided at every critical stage in the legal proceedings, 

including appellate appearances. An office may be terminated 

at the discretion of the creating board(s) of supervisors.

Missouri

Public Defender Commission

Mo. Rev. Stat. § 600.011 through 600.101

Missouri has a statewide centrally administered public 

defender system to provide legal representation to indigent 

defendants at levels of the state trial court, appellate court, 

Missouri Supreme Court, and U.S. Supreme Court, and at 

all stages of legal proceedings. Services may be provided 

to individuals detained or charged for a felony, individuals 

detained or charged with a misdemeanor that would 

likely result in confinement in a county jail on conviction, 

individuals charged with violating probation and need 

protection of due process rights, individuals taken into custody 

as a sexually violent predator, cases that require appointed 

counsel under the state or federal Constitution, and defendants 

charged with a crime that may result in the loss or deprivation 

of liberty.

Missouri’s Public Defender Commission is responsible for 

the administration and the rules and regulations of the state 

system. The commission is comprised of seven members, four 

of whom shall be lawyers, appointed by the governor, with the 

advice and consent of the state senate. The state system has 

three legal service divisions:

 The Trial Division has 33 offices throughout the state and 

provides services to indigent defendants though its offices.

 The Capital Division represents indigent defendants charged 

with capital crimes.

 The Appellate/Post-Conviction Division is comprised 

of three offices that provide appellate representation in 

the Missouri Court of Appeal and the Supreme Court 

of Missouri. These offices also provide post-conviction 

representation in every jurisdiction throughout the state.

The Office of State Public Defender is an independent 

department of the judicial branch of the state government. 

The commission appoints a director to maintain the office. 

The director may establish divisions, facilities, and offices as 

needed, with approval from the commission. The commission 

is responsible for establishing regional offices and selecting 

public defenders to maintain such offices. Public defenders are 

allowed to employ assistant public defenders, deputy public 

defenders, and other staff. In addition to public defenders, the 

state public defender system includes contract and assigned 

counsel on a case-by-case basis.

The city or county (or counties if a district covers more than 

one county) is responsible for paying office space costs and 

utility service use for regional offices. The state is responsible 

for all other expenses of these offices. The director, with the 

assistance and approval of the commission, annually submits a 

budget to the governor and general assembly for approval. 

TABLE 28

Mississippi state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Mississippi*

2008 $2,810 $3,010

2009 3,100 3,252

2010 3,268 3,544

2011 3,582 4,473

2012 4,307 4,652

*Amounts are appropriations.

Sources: State of Mississippi Budget; and U.S. Census Bureau, Annual Survey of State 

Government Finances, FY 2008–2012.

TABLE 29

Missouri state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Missouri*

2008 $34,501 $34,597

2009 35,614 35,715

2010 35,913 35,548

2011 36,145 36,233

2012 35,739 35,847

*Amounts are actual expenditures.

Sources: Executive Budget - State Public Defenders Financial Summaries; and U.S. 

Census Bureau, Annual Survey of State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 17

Montana

Office of the State Public Defender (est. 2006)

Mont. Code Ann. § 47-1-101 through 47-1-216

Montana has a statewide public defender system to provide 

counsel to indigent persons accused of a criminal crime 

and other individuals in civil cases who are entitled by law. 

The system is supervised by a Public Defender Commission 

and is administered by the Office of the State Defender. The 

commission is responsible for dividing the state into no 

more than 11 public defender regions and determines how 

services are administered in each region. The commission 

may establish a regional office, contract counsel services, or 

determine another option to deliver indigent defense services 

in each region.

The commission also appoints a chief public defender and a 

chief appellate defender, both of whom serve at the pleasure of 

the commission. Both the chief public defender and the chief 

appellate defender may hire and supervise personnel for their 

respective offices. The chief public defender office hires and 

assigns a deputy public defender to supervise each region with 

an office. The regional office, or the Office of the Appellate 

Defender in regions with no regional office, are responsible for 

assigning counsel on court order.

Nebraska

Commission on Public Advocacy (est. 1995)

R.R.S. Neb. § 29-3901 through 29-3933; R.R.S. Neb. § 23-3401 

through 23-3408

The State of Nebraska’s Commission on Public Advocacy assists 

counties with indigent defense representation. The commission 

consists of nine members appointed by the governor, and may 

provide legal services and adopt guidelines and standards 

on indigent defense, including how to distribution funds 

appropriated by the state legislature to reimburse counties for 

defense services. The reimbursement funds are appropriated to 

the commission on Public Advocacy Operations Cash Fund. 

The commission consists of five divisions:

 The Capital Litigation Division assists in the defense of 

capital cases.

 The Appellate Division handles appeals to the court of 

appeals and Nebraska Supreme Court.

 The Violent Crime and Drug Defense Division assists in the 

defense of certain violent and drug-related crimes.

 The DNA Testing Division assists in the representation of 

persons who file a motion under the DNA Testing Act.

 The Major Case Resource Center assists public defenders, 

contract attorneys, and court-appointed attorneys with the 

defense of indigent individuals charged with felony offenses. 

Local administration

R.R.S. Neb. § 23-3401 through 23-3408

An office of judicial district public defender may be established 

by the district judge(s) in any judicial district with a need 

and certification by the governor. The judicial district public 

defender is initially appointed by the judicial court judge(s), 

and later elected. Funds for judicial district public defenders 

are appropriated from the Office of the Governor.

An Office of Public Defender is established in all counties with 

more than 100,000 in population, or in any other county on 

approval of the county board.3 Typically, the public defender 

is initially appointed and subsequently elected. However, 

in counties with a population under 35,000 residents with 

an Office of Public Defender, the public defender may be 

appointed by the county board. Subject to the approval and 

consent of the county board, a public defender may appoint 

assistant public defenders. Counties provide resources for 

their indigent defense systems. However, counties may request 

reimbursements for a portion of their expenditures. The 

county clerk in qualifying counties may request from the State 

Commission on Public Advocacy reimbursements for 25% the 

total amount for a county’s actual expenditures for indigent 

defense services in felony cases from funds appropriated by the 

state legislature. 

TABLE 30 

Montana state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Montana*

2008 $19,711 $18,936

2009 20,473 19,624

2010 20,337 19,416

2011 21,406 20,269

2012 23,335 21,870

*Amounts are actual expenditures.

Sources: Montana Public Defender Commission, Report to the Governor, Legislature, 

and Supreme Court; and U.S. Census Bureau, Annual Survey of State Government 

Finances, FY 2008–2012.

3As of the 2010 Decennial Census, Douglas, Lancaster, and Sarpy Counties 

were the only counties in Nebraska to exceed 100,000 residents. 

TABLE 31

Nebraska state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Nebraska*

2008 $3,337 $3,337

2009 3,471 3,473

2010 3,733 3,736

2011 3,605 3,608

2012 3,533 3,535

*Amounts are actual expenditures.

Sources: State of Nebraska Budget in Brief; and U.S. Census Bureau, Annual Survey 

of State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 18

In counties without an Office of Public Defender or Office of 

Judicial District Public Defender, the court appoints counsel to 

indigent individuals. 

Indigent defense services may be provided to individuals 

facing a felony charge, including hearings on charges of 

violation of felony probation at all critical stages of legal 

proceedings. Defense services may also be provided to indigent 

individuals facing a petition filed with a mental health board. 

Representation may also be provided to individuals charged 

with misdemeanor offenses punishable by imprisonment, if 

allowed by the court. The court determines indigence.

Nevada

Office of the State Public Defender (est. 1971)

Nev. Rev. Stat. Ann. § 180.010 through 180.110 

Nevada’s Office of the State Public Defender, located within the 

state’s Department of Health and Human Services, provides 

indigent defense services in counties with populations fewer 

than 100,000 or counties that do not have a county public 

defender office. Currently, the office serves only Carson City 

and White Pine County. The governor appoints the state 

public defender, who establishes branch offices and hires 

deputy public defenders to supervise these offices. The state 

provides representation at all stages of legal proceedings, 

including revocation of probation and parole, appeals, and 

post-conviction proceedings. The state public defender may 

contract with attorneys and with county public defenders to 

provide services. The state may charge and collect amounts 

from counties, as authorized by the state legislature for 

services. The state public defender reports annually to the 

governor and participating counties. 

Local administration

Nev. Rev. Stat. Ann. § 260.010 through 260.080

The boards of county commissioners in Clark and Washoe 

Counties must create an Office of the Public Defender by 

ordinance. Counties that have fewer than 100,000 in 

population may choose to establish an Office of the Public 

Defender. Additionally, multiple counties may choose to 

establish a joint office. Offices are run by a county public 

defender, who serves at the pleasure of the county board(s) of 

commissioners. An office provides services to defendants who 

have been placed under arrest and charged with a public 

offense. Counties provide representation at all stages of legal 

proceedings, including revocation of probation and parole, 

appeals, and post-conviction proceedings. The county public 

defender may, with approval by the county board of 

commissions, appoint deputy public defenders and staff. A 

county office may also contract for services of the state public 

defender. The magistrate or district court may also appoint an 

attorney outside of the public defender for representation to be 

paid by county funds, if deemed necessary by the court. A 

county public defender reports annually to the board of county 

commissioners. 

New Hampshire

New Hampshire Public Defender (est. 1972)

N.H. Rev. Stat. Ann. § 604-B:1 to B:8

In New Hampshire, a state public defender is completely 

state funded and provides primary representation in trial 

and appellate cases. The public defender program has nine 

regional offices, one administrative office, an appellate office, 

and a special defender office. An all-volunteer board of 

directors oversees the Public Defender Program. The board’s 

membership elects six directors, and the New Hampshire Bar 

Association’s Board of Governors appoints three directors. The 

public defender handles juvenile delinquency cases in local, 

district, and family courts, and adult clients in misdemeanor, 

felony, homicide, and capital cases in the district and superior 

courts, plus appellate advocacy in the state supreme court. 

Judicial Council (est. 1945)

N.H. Rev. Stat. Ann. § 494:1 to 494:7

For conflict of interest cases, the 24-member New Hampshire 

Judicial Council administers assigned counsel and contract 

defender programs. The Judicial Council contracts with an 

organization or group of lawyers approved by the board of 

governors of the New Hampshire Bar Association to operate a 

public defender program.

TABLE 32 

Nevada state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Nevada*

2008 $1,927 $2,352

2009 2,155 2,665

2010 2,273 2,866

2011 2,644 2,845

2012 3,234 3,241

*Amounts for fiscal years 2008, 2010, and 2012 are actual expenditures. Amounts for 

fiscal years 2009 and 2011 are adjusted appropriations.

Sources: State of Nevada, Executive Biennial Budget; and U.S. Census Bureau, Annual 

Survey of State Government Finances, FY 2008–2012.

TABLE 33

New Hampshire state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of New Hampshire*

2008 ... $16,581

2009 $17,930 17,930

2010 18,478 18,258

2011 18,957 18,957

2012 18,038 18,038

...Not available due to lack of detail in the data.

*Amounts are actual expenditures.

Sources: New Hampshire State Budget Publications; and U.S. Census Bureau, Annual 

Survey of State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 19

New Jersey

Office of the Public Defender (est. 1967)

N.J. Stat. § 2A:158A-1 through 2A:158A-25

The State of New Jersey’s Office of the Public Defender is 

located in the executive branch of the state government and 

allocated within the Department of the Treasury. Indigent 

defense services are provided to defendants in criminal cases 

who are formally charged with an indictable offense in all 

stages of the proceedings, juvenile delinquents, juveniles in 

need of supervision, representation of children in family 

matter issues, and individuals involuntary committed to state 

psychiatric facilities. The office is comprised of the following 

divisions and provides the following services:

 The Division of Administrative Services handles the 

business and financial matters of the office.

 The Appellate Section provides representation in appeals 

filed by adults and juveniles in lower court rulings in 

the state.

 The Office of Law Guardian provides representation and 

services to children in family court matters involving 

allegations of abuse and neglect, or in cases involving the 

termination of parental rights.

 The Office of Juvenile Services provides services to juvenile 

defendants in the state. 

 The Office of Parental Representation provides 

representation to parents involved in cases of alleged neglect 

or abuse of a child filed by the New Jersey Division of Youth 

and Family Services in family court. 

 The Special Hearings Unit provides mandated 

representation in Megan’s Law tier classification hearings for 

sex offenders. 

 The State’s Intensive Supervision Programs through the 

Administrative Office of the Courts provides representation 

at hearings designed to direct offenders from prison into 

community-based correctional programs.

 The Division of Mental Health Advocacy provides 

representation for hearings at federal, state, county, general, 

and private psychiatric hospitals. 

 The Office of Dispute Settlement provides mediation and 

arbitration services in the public interest.

The office is administered by the public defender, who is 

appointed by the governor with the advice and consent of the 

senate. The public defender may appoint deputy public 

defenders and assistant deputy public defenders as needed. To 

help provide indigent defense services, one regional office is 

currently located in each of the 21 counties in the state. Each 

regional office is headed by a deputy public defender, who 

supervises caseloads, maintains private attorney pools, and 

supervises reports to the Office of the Public Defender. 

Assistant deputy public defenders, those who try the cases, are 

assigned to each region based on the caseload in that county. 

The public defender must also maintain one or more trial pools 

of lawyers for services on a case-by-case basis. The case 

workload is divided among professional staff and the trial 

pool(s). If the caseload for staff and trial pool lawyers is full, 

the public defender may contract with private and public 

organizations to provide services. The public defender is also 

responsible for providing case statistics and financial records in 

an annual report to the state legislature, governor, and New 

Jersey Supreme Court. 

New Mexico

State Public Defender (est. 1973)

N.M. Stat. Ann. § 31-15-1 through 31-15-12

New Mexico’s Public Defender Department is centralized, state 

funded, and administers indigent defense services in the state. 

The New Mexico Public Defender Commission appoints the 

chief public defender in the state. The public defender 

commission consists of 11 members. Members include one 

member appointed by the governor, three members appointed 

by the chief justice of the New Mexico Supreme Court, three 

members appointed by the dean of the University of New 

Mexico School of Law, one member appointed by the speaker 

of the house of representatives, one member appointed by the 

majority floor leaders of each chamber, and one member 

appointed by the president pro tempore of the state senate.

TABLE 34

New Jersey state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of New Jersey*

2008 $110,640 $110,521

2009 115,620 115,622

2010 113,643 119,949

2011 115,683 119,379

2012 117,628 121,862

*Amounts are actual expenditures.

Sources: State of New Jersey Budget, Department and Branch RecommendationsDepartment of the Treasury; The Governor’s Budget, Detailed Budget; and U.S. 

Census Bureau, Annual Survey of State Government Finances, FY 2008–2012.

TABLE 35

New Mexico state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of New Mexico*

2008 $41,293 $41,374

2009 42,732 42,558

2010 41,029 40,950

2011 40,523 39,945

2012 38,519 38,406

*Amounts are actual expenditures.

Sources: New Mexico Public Defender Department Financial Statements; and U.S. 

Census Bureau, Annual Survey of State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 20

At the trial level, the department provides representation to 

adults and juveniles through its seven district offices and four 

satellites offices. The defender system also has centralized 

offices for administration, appellate, mental health, capital 

crimes, and post-conviction cases. The Contract Counsel 

Legal Services, which has one centralized office in the state, 

is funded by New Mexico as a public defender system. These 

private attorneys handle all aspects of criminal defense cases, 

including misdemeanor, juvenile, felony, murder, capital 

offenses, and appeals.

New York 

Capital Defender Office (est. 1995)

N.Y. Jud. Ct. Acts § 35b

The Capital Defender Office (CDO) was established in 1995 

under New York State’s death penalty statute to provide 

representation, support, and assistance at all stages of capital 

litigation. The office was subsequently abolished in 2009 in the 

wake of New York’s abolition of the death penalty in 2004.

Indigent Legal Services Fund (est. 2003)

N.Y. State Fin. Law § 98b

New York’s criminal indigent defense system is primarily 

funded by its 62 counties, which, by statute, may use a public 

defender program, conflict defender office, private legal aid 

society, or coordinated assigned counsel system to provide 

indigent defense services. Although the counties are primarily 

responsible for funding indigent defense services, the New 

York legislature created the Indigent Legal Services Fund 

(ILSF) to provide funding to counties and provide full funding 

for representation of children in dependency and delinquency 

cases. Funding for representation of adults in dependency 

cases is still the responsibility of the counties in the state. The 

ILSF helps pay for indigent defense expenditures in family 

court and helps the counties pay for all other indigent defense 

costs. State funding may not be used by counties or cities to 

replace local funding that would use funding for the indigent 

defense programs, but must be used to supplement local funds. 

Office of Indigent Legal Services (est. 2010)

N.Y. Exec. Law § 832

The Office of Indigent Legal Services was created to monitor, 

study, and make efforts to improve the quality of indigent 

defense services provided by the counties. The office replaced 

the state comptroller as the agency responsible for the state’s 

distributions to the county from the ILSF.

The office is governed by a nine-member board appointed by 

the governor, with set requirements for each appointee (e.g., 

recommendations, judicial experience, and held positions). 

Board members cannot be active prosecutors, law enforcement 

officials, or anyone employed by or providing services to them.

Mental Hygiene Legal Services (est. 1985)

N.Y. Men. Hyg. Law § 47

Mental Hygiene Legal Services provides representation to 

indigent persons convicted of sex offenses and who are facing 

civil commitment proceedings. The U.S. Census Bureau was 

unable to obtain expenditures for the activities of this service. 

Therefore, they are excluded from this report. 

North Carolina

Office of Indigent Defense Services (est. 2000)

N.C. Gen. Stat. § 7A-450 through 7A-499

North Carolina’s Office of Indigent Defense Services is located 

within the state’s judicial department. The office created 

the Commission on Indigent Defense, which consists of 

13 members: one member is appointed by the chief justice of 

the North Carolina Supreme Court, one member is appointed 

by the governor, one member is appointed the general 

assembly on recommendation of the president pro tempore 

of the state senate, one member is appointed by the general 

assembly on the recommendation of the speaker of the house 

of representatives, one member is appointed by the North 

Carolina Public Defenders Association, two members are 

appointed by the North Carolina State Bar, one member is 

appointed by the North Carolina Academy of Trial Lawyers, 

one member is appointed by the North Carolina Association 

of Black Lawyers, one member is appointed by the North 

Carolina Association of Women Lawyers, and three members 

are appointed by the commission. The commission helps 

to develop the standards for indigent defense services and 

operating standards for regional and district public defender 

offices and appellate defender offices. 

TABLE 36 

New York state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of New York*

2008 $87,652 $92,800

2009 79,935 101,560

2010 89,038 101,445

2011 95,389 90,793

2012 109,256 62,701

*Amounts are actual expenditures.

Sources: New York State Budget Publications and New York State Office of Indigent 

Legal Services, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 21

The state is divided into judicial districts, and the commission 

determines the methods for delivering services to indigent 

persons. Services may be provided by a system of appointed 

counsel, contract counsel, part-time public defenders, public 

defender offices, appellate defender services, and any other 

methods, including contracted counsel, or a combination of 

these methods. The commission consults with each district 

bar and judges to determine methods for a given district. In 

the 16 judicial districts where a public defender office has been 

established by the legislature, the commission appoints a public 

defender to run the day-to-day operations of the office. Public 

defenders are required to periodically report activities to the 

office. The state appropriates funds for these offices.

The commission is also responsible for appointing the director 

of the indigent defense services, who administers the office. 

Additionally, the director is responsible for preparing and 

submitting a budget to the commission and the general 

assembly. The budget of the office is part of the judicial 

department’s budget. The director is also responsible for 

administering the statewide sentencing services program, 

which provides the judicial system with information to assist 

in imposing sentences, helps provide increased opportunities 

for certain felons to makes restitutions through financial 

reimbursement or community services, and helps make 

the best and most effective use of resources. The director 

may award grants and adopt regulations for implementing, 

monitoring, and operating local sentencing services programs 

and administering funds appropriated by the general assembly. 

For the purposes of this report, the Sentencing Services 

Programs and funding is not included in data because it is not 

limited to convicted indigent individuals. 

The commission also appoints an appellate defender, a capital 

defender, and a juvenile defender. The appellate defender is 

responsible for providing representation to indigent persons 

following conviction in trial courts. The capital defender 

represents indigent persons who are charged with potentially 

capital offenses. The appellate defender, capital defender, 

and juvenile defender manage offices within the Office of 

Indigent Defense Services and may use contracted counsel to 

provide services.

Indigent defense services may be provided to a defendant in 

any case where imprisonment or a fine of $500 or more is likely 

to be adjudged; any case appealing a conviction of a felony, fine 

of $500 or more, or imprisonment; a hearing on a petition on 

the writ of habeas corpus; a hearing for revocation of 

probation; a hearing on extradition to another state; a 

proceeding for involuntary commitment to a facility for mental 

illness or substance abuse; any case involving an execution 

charge of civil arrest and bail proceeding; a hearing that may 

result in commitment to an institution or transfer to the 

superior court for trial on a felony charge for juveniles; a 

hearing for revocation of parole; a proceeding for the provision 

of protective services; cases involving a juvenile alleged to be 

abused, dependent, or neglected; a proceeding to find a person 

incompetent; a proceeding to terminate parental rights, where 

a guardian ad-litem is appointed; an action to terminate an 

indigent person’s parental rights; a proceeding involving 

consent for an abortion on an unemancipated minor; a 

proceeding involving limitation on freedom of movement or 

access; a proceeding involving placement into satellite 

monitoring; or outpatient involuntary commitment 

proceedings.

North Dakota

North Dakota Commission on Legal Counsel for 

Indigents (est. 2005)

N.D. Cent. Code § 54-61-01 through 54-61-04

In 2005, North Dakota ratified legislation to reform the state’s 

indigent defense system. The new system features a sevenmember Commission on Legal Counsel for Indigents, which is 

responsible for overseeing the complex process of delivering 

state-funded legal counsel services for indigents. Members of 

the commission include two members appointed by the 

governor, one of whom must be appointed from a county with 

a population of not more than 10,000 residents; two members 

of the legislative assembly, one from each house, appointed by 

the chairman of the legislative management; two members 

appointed by the chief justice of the North Dakota Supreme 

Court, one of whom must be appointed from a county with a 

population of not more than 10,000 residents; and one member 

appointed by the board of governors of the State Bar 

Association of North Dakota. 

TABLE 37

North Carolina state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of North Carolina*

2008 $116,097 $114,782

2009 126,891 120,560

2010 131,386 130,894

2011 135,961 135,792

2012 125,603 124,645

*Amounts are actual expenditures.

Sources: Report on the Commission on Indigent Defense Services; and U.S. Census 

Bureau, Annual Survey of State Government Finances, FY 2008–2012.

TABLE 38 

North Dakota state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of North Dakota*

2008 $4,659 $4,116

2009 5,144 3,699

2010 5,463 4,306

2011 5,827 5,123

2012 6,140 5,634

*Amounts are actual expenditures.

Sources: North Dakota Comprehensive Annual Financial Reports; and U.S. Census 

Bureau, Annual Survey of State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 22

The North Dakota Commission on Legal Counsel maintains 

six full-time public defender offices. In each office, a 

supervising attorney takes criminal and juvenile assignments 

from the court staff. Those cases are assigned first to the public 

defenders, and then to conflict counsel, who are area attorneys 

that have contracted with the agency to provide case-by-case 

service, or by attorneys who have contracted for monthly 

conflict services. Private contractors provide indigent defense 

services in areas where there is no public defender or in 

conflict cases.

Ohio

Office of the State Public Defender (est. 1976)

ORC Ann. § 120.01 through 120.08

The Ohio Public Defender Commission is responsible for 

supervising and establishing standards of indigent defense 

services in the state. The commission appoints a state public 

defender to serve at its pleasure. The state public defender, 

when designated by the court or requested by a county public 

defender or joint county public defender, may provide legal 

representation to indigent defendants throughout the state. 

Additionally, the state public defender maintains financial 

records, appoints assistant public defenders, and supervises 

local defenders. The state public defender uses funds from 

the Civil Case Filing Fee Fund in the state treasury to appoint 

assistant public defenders, and for personnel, equipment, 

and facilities for the Office of the State Public Defender. The 

commission is responsible for submitting an annual report 

on the operations of the State Public Defender’s Office, the 

county-appointed counsel systems, and the county and joint 

county public defender offices. 

Local administration

ORC Ann. § 120.13 through 120.41

The county commissioners may establish a county public 

defender commission. The commission, consisting of five 

members appointed by the board of county commissioners and 

the judge or presiding judge of the court of common pleas of 

a county, appoints the county public defender. Representation 

may be provided to indigent adults or juveniles charged with 

an offense or act that violates state statute and which there 

is a penalty or possible adjudication that includes potential 

loss of liberty, and in post-conviction proceedings. A court 

may choose to appoint counsel other than the county public 

defender. The office of county public defender recommends 

an annual operating budget, which requires approval from 

the county commissioners. The county public defender 

may contract with the state public defender or one or more 

nonprofit organizations to provide indigent defense services. 

Additionally, a county public defender may contract with any 

municipal corporation within the county served by the county 

public defender to provide legal representation to indigent 

persons charged with violating an ordinance of the municipal 

corporation, at the cost of said municipal corporation. 

Counties may request that the state public defender reimburse 

50% of a county public defender’s office operating expenses. 

A county public defender reports to both the county 

commissioners and the Ohio Public Defender Commission. 

The boards of county commissioners in two or more adjoining 

or neighboring counties may form a joint county public 

defender commission. The establishing agreement determines 

the allocation of expenses to be paid by each participating 

county. Joint county public defender commissions 

operate under similar laws as a single county public 

defender commission.

The board of county commissioners of any county may adopt a 

resolution to pay counsel who are either personally selected by 

an indigent defendant or appointed by the court, as opposed to 

using a county public defender or joint county public defender. 

The county auditor is responsible for reporting expenses to the 

board of county commissioners and the state public defender. 

A county may request reimbursements for defense services 

from the state public defender. 

A County Representation Fund in the state treasury consists 

of monies from counties for any legal services provided by 

the state public defender, when designated by the court or 

requested by a county or joint county public defender. 

The total amount of money paid to all counties in any fiscal 

year for reimbursement of a percentage of the counties’ cost of 

operating county public defender offices, joint county public 

defender offices, and county-appointed counsel systems cannot 

exceed the amount appropriated by the state general assembly. 

If the amount appropriated by the general assembly is 

insufficient to cover 50% of total operating costs, the 

percentage will be reduced proportionately so that each county 

is reimbursed an equal percentage of its indigent defense 

system costs. Funds appropriated by the general assembly for 

this purpose are placed in the Indigent Defense Support Fund 

in the state treasury. 

TABLE 39 

Ohio state government indigent defense expenditures, 

FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Ohio*

2008 $86,076 $77,203

2009 65,037 65,192

2010 68,043 68,203

2011 74,233 74,324

2012 70,413 70,565

*Amounts are actual expenditures.

Sources: State of Ohio, Executive Budget; and U.S. Census Bureau, Annual Survey of 

State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 23

Census Bureau data available were available for Cuyahoga 

County.

Oklahoma

Oklahoma Indigent Defense System (est. 1991)

Okla. Stat. Title 22 § 1355 through 1370.1

The Oklahoma Indigent Defense System has a five-member 

board of directors appointed by the governor, with the advice 

and consent of the state senate. At least three members must 

be attorneys licensed to practice law in the State of Oklahoma 

that have experience through the practice of law in the defense 

of persons accused of crimes. No congressional district are 

represented by more than one member on the board. 

The system provides trial, capital, appellate, and 

post-conviction defense services to indigent defendants, both 

adult and juvenile, in 75 counties throughout the state. For 

conflict of interest cases or staff overload, cases that would go 

to the system are contracted to private attorneys who represent 

defendants at rates established by the system.

Local administration

Individuals charged in Oklahoma and Tulsa Counties are not 

represented by the system, but rather by separate full-time, 

county-run public defender offices. Oklahoma and Tulsa 

counties are entirely responsible for funding indigent defense 

within their counties.

Oregon

Public Defense Services Commission (est. 2001)

Or. Rev. Stat. § 151.211 through 151.225

Indigent defense services in Oregon are entirely state funded 

and state administered. Oregon’s Public Defense Services 

Commission (PDSC) established an Office of Public Defense 

Services (OPDS), which has two main divisions: the Contract 

and Business Services (CBS) and the appellate division. The 

commission consists of seven members appointed by order of 

the chief justice. In addition to the seven appointed members, 

the chief justice serves as a nonvoting, ex officio member, and 

appoints at least two persons who are not bar members, at least 

one person who is a bar member and who is engaged in 

criminal defense representation, and at least one person who is 

a former Oregon state prosecutor. A member may not serve 

concurrently as a judge, a prosecuting attorney, or an employee 

of a law enforcement agency. A person who is primarily 

engaged in providing public defense services also may not 

serve as a member of the commission.

TABLE 40 

Ohio local government indigent defense expenditures, 

FY 2008–2012

Fiscal year

Cuyahoga County 

total expenditures (in thousands)

2008 $8,079

2009 8,079

2010 20,130

2011 8,639

Source: U.S. Census Bureau, Annual Survey of State Government Finances, 

FY 2008–2012.

TABLE 41 

Oklahoma state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Oklahoma*

2008 $17,361 $15,722

2009 18,006 15,578

2010 17,186 14,437

2011 16,840 14,443

2012 16,581 14,544

*Amounts are actual expenditures.

Sources: Oklahoma Comprehensive Annual Financial Reports; and U.S. Census 

Bureau, Annual Survey of State Government Finances, FY 2008–2012.

TABLE 42 

Oklahoma local government indigent defense 

expenditures, FY 2008–2012

Fiscal year

Oklahoma County and Tulsa County 

total expenditures (in thousands)

2008 $85,000

2009 81,000

2010 90,000

2011 87,000

*Amounts are actual expenditures.

Sources: Oklahoma County, Comprehensive Annual Financial Reports; and Tulsa 

County, Comprehensive Annual Financial Reports, FY 2008–2012.

TABLE 43 

Oregon state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Oregon*

2008 $106,614 ...

2009 100,580 $212,471

2010 118,057 ...

2011 108,664 223,519

2012 112,269 ...

...Not available.

*Amounts are actual expenditures aggregated over 2 years. Data from 2008 are 

included in 2009 data, and data from 2010 are included in 2011 data.

Sources: Oregon State Budget Publications; and U.S. Census Bureau, Annual Survey 

of State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 24

Oregon’s statewide indigent defense program is responsible 

for numerous types of cases, including termination of parental 

rights, dependency (adults and juveniles), civil commitment, 

Psychiatric Security Review Board, child support contempt, 

felonies, misdemeanors, juvenile delinquency, appeals, and 

habeas corpus petitions. As of July 2003, the commission 

assumed all duties and services of the Indigent Defense 

Services Division (IDSD) of the State Court Administrator’s 

Office. These services include administration of county 

contracts for all indigent defense representation (trial and 

appellate, except those cases that the state appellate office 

handles) in Oregon’s state courts.

Pennsylvania

The Public Defender Act of 1968 (P.L. 1144, No. 358, Section 1) 

provides for the establishment of a public defender in each of 

the counties in the State of Pennsylvania. The public defender is 

appointed by the Board of County Commissioners in each county 

and represents qualified individuals in juvenile delinquency 

proceedings, adult criminal trials, appellate proceedings, 

post-conviction appeals, and probation and parole proceedings. 

The State of Pennsylvania does not provide any funding of 

the public defenders, leaving financial responsibility to each 

of the counties. An effort by the Task Force and Advisory 

Commission on Services to Indigent Criminal Defendants has 

been undertaken to create a statewide commission to assist with 

indigent defense programs in the state, but no legislation has 

been enacted. A centralized external location to collect county 

expenditures does not exist.

Rhode Island

Office of the Public Defender (est. 1941)

R.I. Gen. Laws § 12-15-1 through 12-15-11

Rhode Island has a statewide, state-funded public defender 

system. The Office of the Public Defender has four main 

divisions: 

 Appellate

 Family Court

 Parental Rights 

 Criminal Trial.

The Office of the Public Defender provides direct 

representation to indigents charged with misdemeanors and 

felonies in all district and superior courts. The public defender 

also represents juvenile delinquents and the parent or guardian 

in abuse and neglect cases. Court-appointed attorneys 

represent defendants in conflict of interest cases. The 

Office of the Public Defender maintains six offices throughout 

the state. The Rhode Island Public Defender also maintains a 

Community Partnership Council, an in-house committee 

comprised of Public Defender employees, including attorneys, 

social workers, intake personnel, and support staff. 

South Carolina

South Carolina Commission on Indigent Defense 

(est. 1993)

S.C. Code Ann. § 17-3-5 through 17-3-380

South Carolina’s Commission on Indigent Defense supervises 

the Office of Indigent Defense, including all its divisions. The 

commission consists of 13 members, including nine appointed 

by the governor, two appointed by the chief justice of the South 

Carolina Supreme Court, and the chairmen of the senate and 

house judiciary committees. The commission is responsible for 

establishing divisions within the office to administer services 

and programs, and is funded by appropriations from the State 

General Appropriations Act. The office is also responsible for 

distributing all funds appropriated by the general assembly 

for indigent defense services. The executive director of the 

office is responsible for annually submitting a budget to the 

commission, which also includes a Division of Appellate 

Defense that represents defendants in criminal appeals of the 

South Carolina Supreme Court and Court of Appeals. 

Local administration

S.C. Code Ann. § 17-3-510 through 17-3-600

Each judicial circuit in the State of South Carolina has a circuit 

public defender selection panel responsible for selecting a 

circuit public defender. A circuit public defender is responsible 

for supervising assistant public defenders, maintaining 

financial and case records, establishing a juvenile offender 

division, and submitting a proposed budget to the Commission 

on Indigent Defense. The circuit public defender hires assistant 

public defenders and other personnel, who are considered 

employees of the administrating county. The employees of the 

circuit public defender are paid by the administering county. 

TABLE 44 

Rhode Island state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Rhode Island*

2008 $12,673 $12,672

2009 12,613 12,617

2010 12,671 12,674

2011 13,434 13,439

2012 13,805 13,809

*Amounts are actual expenditures.

Sources: Rhode Island State Judicial Department and Office of Public Defender 

Budget Publications; and U.S. Census Bureau, Annual Survey of State Government 

Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 25

The circuit public defender may also contract with attorneys to 

provide indigent defense services. Counties receive state 

appropriations and reimbursements that cover part of the costs 

of indigent defense services, with remaining costs appropriated 

from county funds.

South Dakota

In South Dakota, each county organizes and funds its own 

indigent defense delivery system. While the majority of 

counties use contract or assigned counsel systems, some 

counties use public defender offices instead. Counties in South 

Dakota may opt to participate in a catastrophic indigent 

defense fund. The County Commissioners’ Association 

administers the fund, and the fund acts as insurance against 

small counties’ extraordinary costs for complex cases, such as 

death penalty cases, that may occur in their jurisdictions. The 

State of South Dakota provides very little funding to the 

counties for public defender programs. A centralized external 

location to collect county expenditures does not exist.

Tennessee

District Public Defenders Conference (est. 1989)

Tenn. Code Ann. § 8-14-201 through 8-14-501

In Tennessee, the statewide system of public defenders is called 

the District Public Defenders Conference. Each of the 31 

district public defenders in Tennessee are elected. Tennessee 

is one of two states (Florida being the other) that has elected 

public defenders in nearly every judicial district. The District 

Public Defenders Conference has the responsibility of 

dispersing funds and making policy decisions concerning the 

program on a statewide basis. 

Office of the Post-Conviction Defender and 

Post-Conviction Defender Commission (est. 1995)

Tenn. Code Ann. §§ 40-30-101 to 40-30-313

The Office of the Post-Conviction Defender (OPCD) provides 

legal representation to indigent individuals who have been 

sentenced to death by Tennessee state courts. Through 

post-conviction litigation, OPCD fully investigates each case 

and the legal process that resulted in the original capital 

conviction and sentence. OPCD also assists other capital 

defense attorneys in the state through noncase-specific advice 

and training programs. A nine-member Oversight 

Commission, appointed by the governor, the lieutenant 

governor, and the speaker of the house, is responsible for 

choosing the director and assists the office in each year’s 

budgetary process. Two counties, Shelby and Davidson 

Counties, must also provide a portion of the funding for 

indigent defense because each county is running its own public 

defender system. Shelby and Davidson Counties receive 

additional funding from the state (which is included in the 

state total in table 47).

TABLE 45 

South Carolina state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of South Carolina*

2008 $23,763 $23,765

2009 27,793 27,799

2010 24,702 24,706

2011 21,717 21,722

2012 21,938 24,010

*Amounts are actual appropriations from prior years.

Sources: State of South Carolina Governor’s Executive Budget – Detail Base 

Budget; and U.S. Census Bureau, Annual Survey of State Government Finances, FY 

2008–2012.

TABLE 46 

South Dakota state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of South Dakota*

2008 ... $769

2009 ... 751

2010 ... 696

2011 ... 646

2012 ... 624

...Not available.

*Amounts are actual expenditures.

Sources: South Dakota Office of the State Treasurer Annual Reports; and U.S. Census 

Bureau, Annual Survey of State Government Finances, FY 2008–2012.

TABLE 47

Tennessee state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Tennessee*

2008 $62,152 $59,652

2009 ... 67,123

2010 69,704 67,792

2011 71,144 69,193

2012 74,032 72,013

...Not available. The State of Tennessee was unable to report for FY 2009. For more 

information, see appendix A.

*Amounts are actual expenditures.

Sources: Tennessee State Budget Publications; and U.S. Census Bureau, Annual 

Survey of State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 26

Texas

Texas Indigent Defense Commission

Texas Code Crim. Proc. 1.051; Texas Gov’t Code 79.001 

through 79.039

The Texas Indigent Defense Commission was established in 

2011 and replaced the Texas Task Force on Indigent Defense. 

The commission is administratively attached to the Office 

of Court Administration of the Texas Judicial System, and is 

governed by a board consisting of eight ex officio members 

and five appointed members, including the chief justice of 

the Texas Supreme Court, the presiding judge of the court 

of criminal appeals, one member of the state senate who is 

designated by the lieutenant governor, one member of the 

house of representatives as appointed by the speaker of the 

house, a court of appeals justice designated by the governor 

and one of the county court or statutory county court 

judges, one other member of the state senate appointed by 

the lieutenant governor, the chair of the House Criminal 

Jurisprudence Committee, and five additional members 

appointed by the governor with the advice and consent of the 

state senate. The commission was created to help interactions 

between state and local government for indigent defense 

services in the state. The state provides some funding for 

indigent defense services. In exchange, the local judiciaries 

report plans and financial data to the commission, which are in 

turn viewable to the public in a centralized location. 

Office of Capital Writs (est. 2010)

Texas Gov’t Code. 78.001

The state also has an Office of Capital Writs, established in 

2010, to provide representation to individuals convicted of 

capital crimes in state post-conviction habeas corpus and 

related proceedings. The office is governed by the Capital Writs 

Committee, which is comprised of five members appointed 

by the president of the State Bar of Texas, with ratification by 

the executive committee of the State Bar of Texas. The office 

receives funds for personnel costs and expenses from the 

General Appropriations Act and the Fair Defense Account. The 

Texas Indigent Defense Commission may also use funds from 

the Fair Defense Account to fund grants to counties to provide 

indigent defense services. 

Office of State Counsel for Offenders

Texas Health & Safety Code 841.005

The Office of State Counsel for Offenders represents indigent 

defenders who are incarcerated in the Texas Department of 

Criminal Justice with counsel. The office consists of five legal 

sections: 

 Trial

 Immigration

 General Legal

 Civil Commitment

 Appellate.

Local administration

Texas Code Crim. Proc. 26.044; 26.047 through 26.056

The Texas Fair Defense Act (FDA) was passed by the Texas 

Legislature in 2001, which required all criminal courts 

to adopt formal practices for providing indigent defense 

services in the state. The act helped provide uniformity and 

statewide procedures. Counties are allowed to determine 

a plan individually or among two or more counties for the 

method of providing indigent defense services, including a 

managed assigned counsel program, contract counsel, a public 

defender program, or some combination of these methods. 

The commissioners court of any county, on written approval 

of a judge of a county court, statutory county court, or district 

court trying certain cases, may create a department of the 

county or designate a nonprofit corporation to serve as a public 

defender’s office. The commissioners’ courts of two or more 

counties may enter into a written agreement to jointly create or 

designate and jointly fund a regional public defender’s office. The 

commissioners’ court(s) appropriate funds for such an office. 

Services may be provided to defendants in criminal matters or 

in any adversary, judicial proceeding that may result in 

punishment by confinement, juvenile offenses, or if the court 

determines representation is required in the interest of justice. 

Services may also be provided in certain appellate and 

post-conviction habeas corpus matters. The state provides 

some appropriations for indigent defense services, but the 

majority of funds are provided locally. 

TABLE 49

Texas state government indigent defense expenditures, 

FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Texas*

2008 $19,248 $22,299

2009 26,882 29,835

2010 30,377 29,373

2011 35,537 35,616

2012 26,981 29,548

*Amounts are actual expenditures.

Sources: Texas Task Force on Indigent Defense Annual and Expenditure Report; Texas 

Indigent Defense Commission Annual and Expenditure Report; and U.S. Census 

Bureau, Annual Survey of State Government Finances, FY 2008–2012.

TABLE 48 

Tennessee local government indigent defense 

expenditures, FY 2008–2012

Fiscal year Total expenditures (in thousands)*

2008 $13,636

2009 13,209

2010 13,699

2011 14,100

2012 14,596

*Amounts are actual expenditures.

Sources: Davidson County Comprehensive Annual Financial Report; Shelby County 

Comprehensive Annual Financial Report, FY 2008–2012.

Revised February 9, 2015
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 27

Census Bureau data was available for three counties: Bexar, 

Dallas, and Harris Counties. Census data for Harris County 

was only available for FY 2011 and appear to be for a public 

defender pilot program.

Utah

Local administration

Utah Code Ann. § 77-32-101

Traditionally, indigent defense programs have received no 

funding from the state. However, funding has changed slightly 

in recent years. Counties in Utah depend on numerous 

models of indigent defense delivery systems. Some counties 

have public defender offices, while other counties in the state 

contract with individual attorneys or use assigned counsel to 

provide indigent representation similar to other states that 

provide county-run indigent defense services.

Post Conviction Indigent Defense Fund

Utah Code Ann. § 77-32-701

The only funding for indigent defense services from the State 

of Utah comes from the Post Conviction Indigent Defense 

Fund, which provides funding for persons convicted of a 

capital crime and sentenced to death to challenge the 

conviction and have counsel appointed. If a defendant requests 

counsel and is determined by the court to be indigent, costs of 

counsel and other reasonable litigation expenses incurred in 

providing the representation are paid from the state fund. 

Vermont

Office of the Defender General (est. 1972)

13 V.S.A. § 5201 through 5277

The state’s general assembly funds the Office of the Defender 

General to provide indigent defense services statewide. An 

appointed defender general administers the office and may 

establish a public defender office to determine how indigent 

defense services may be provided. Indigent defense services 

may be provided in a number of ways, including personally by 

the appointed defender general, employed public defenders, or 

contracted attorneys. 

Clerical and office staff of the Office of the Defender General 

and in all local offices are considered state employees and are 

therefore paid by the state. The office’s budget must be adopted 

by the general assembly. On rare occasions, the governor and 

the state treasurer may approve additional funds from the 

contingent fund after a budget has been adopted. 

The defender general is required to submit an annual report to 

the state’s house and senate judiciary committees on activities, 

including the number of individuals represented, crimes 

involved, outcome, and the expenditures of the office required 

to fulfill its obligations. 

Virginia 

Virginia Indigent Defense Commission (est. 2004)

Va. Code Ann. § 19.2-163.01

The Virginia Indigent Defense Commission is responsible for 

overseeing indigent defense services in the Commonwealth. 

The commission consists of 14 members: the chairmen of 

the state’s house and senate committees for courts of justice, 

the chairman of the Virginia State Crime Commission, the 

executive secretary of the Virginia Supreme Court, two 

attorneys officially designated by the Virginia State Bar, two 

members appointed by the governor, three members appointed 

by the speaker of the house of delegates, and three members 

appointed by the Senate Committee on Rules. Indigent defense 

services may be provided to an individual charged with a 

criminal offense punishable by death or confinement in a state 

correctional facility or jail. 

TABLE 50 

Texas local government indigent defense expenditures, 

FY 2008–2012

Fiscal year Total expenditures (in thousands)*

2008 $7,436

2009 8,939

2010 8,793

2011 9,208

*Census data for Bexar, Dallas, and Harris Counties. Census data for Harris County 

were only available for FY 2011 and appear to be for a public defender pilot 

program.

Source: U.S. Census Bureau, Annual Survey of State and Local Government Finances, 

FY 2008–2012.

TABLE 51 

Utah state government indigent defense expenditures, 

FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Utah*

2008 ... $7

2009 ... 96

2010 ... 113

2011 ... 168

2012 ... 108

...Not available.

*Amounts are actual expenditures.

Sources: Utah Comprehensive Annual Financial Reports; and U.S. Census Bureau, 

Annual Survey of State Government Finances, FY 2008–2012.

TABLE 52 

Vermont state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Vermont*

2008 $10,476 $10,526

2009 10,955 10,990

2010 11,261 11,299

2011 11,649 11,704

2012 12,103 12,136

*Amounts are actual expenditures.

Sources: Vermont Final Comprehensive Annual Financial Report; and U.S. Census 

Bureau, Annual Survey of State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 28

The commission is responsible for maintaining public defender 

and regional capital defender offices that are established by 

the state general assembly. The commission is also responsible 

for hiring an executive director, who in turn may, with the 

commission’s approval, appoint public or capital defenders to 

established offices. The executive director is responsible for 

fixing compensation for public defenders and other personnel 

in each public defender office, subject to approval of the 

commission. The commission must approve requests for 

appropriations, and receives and expends money appropriated 

by the general assembly. The governing body of any city or 

county may supplement compensation of the public defender 

above the amount fixed by the executive director. The 

commission also maintains a list of attorneys who may serve as 

court-appointed counsel for indigent defendants, in addition 

to public defenders.

The Virginia Indigent Defense Commission does not directly 

pay assigned council vouchers. These vouchers are paid 

directly by the Virginia State Supreme Court. As of this 

writing, the U.S. Census Bureau was unable to obtain exact 

figures from the state for these vouchers.

Washington

Office of Public Defense (est. 1996)

Wash. Rev. Code § 2.70.005 through 2.70.900

In Washington, public defense is provided by the Office of 

Public Defense (OPD) as an agency of the judicial branch, 

permanently authorized by the state legislature in 1996. OPD 

administers state funds appropriated for trial court criminal 

indigent defense, appellate indigent defense, representation of 

indigent parents qualified for appointed counsel in dependency 

and termination cases, extraordinary criminal justice cost 

petitions, compilation of copies of DNA test requests by 

persons convicted of felonies, and representation of indigent 

respondents qualified for appointed counsel in sexually violent 

predator civil commitment cases. 

Local administration

At the trial court level in the State of Washington, public 

defense is provided within local county and city systems. The 

counties and cities in Washington provide the majority of the 

funding of public defender programs, while the state provides 

a small amount of funding on these programs.

Local expenditures for public defender programs in the State of 

Washington were provided for King County through the data 

queries for the Annual Survey of Local Government Finances.

West Virginia

Public Defender Services (est. 1989)

W. Va. Code § 29-21-1 through 29-21-21

West Virginia Public Defender Services (PDS) administers, 

coordinates, and evaluates local indigent defense programs 

in the state’s 31 judicial districts. The PDS provides indigent 

defense in two ways: public defender corporations and private 

appointed counsel. Public defender corporations are in charge 

of indigent defense programs in their individual judicial 

districts. Each office has almost complete local administrative 

control over its jurisdiction, but remains completely state 

funded. The PDS pays for all private counsel salaries and their 

expenses. However, local judges maintain almost complete 

control over this aspect of the indigent defense system by the 

appointing counsel.

TABLE 53 

Virginia state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Virginia*

2008 $40,985 $39,658

2009 42,039 43,300

2010 40,651 43,300

2011 41,450 42,634

2012 43,257 42,619

*Amounts are appropriations.

Sources: The Executive Budget Document - Indigent Defense Commission; and U.S. 

Census Bureau, Annual Survey of State Government Finances, FY 2008–2012.

TABLE 54 

Washington state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Washington*

2008 $27,015 $27,330

2009 26,833 27,292

2010 26,415 25,385

2011 26,308 24,592

2012 25,564 25,025

*Amounts are appropriations.

Sources: Washington State Judicial Department Budget Publications; and U.S. 

Census Bureau, Annual Survey of State Government Finances, FY 2008–2012.

TABLE 55

Washington local government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau King County*

2008 $39,112 $40,591

2009 42,593 37,473

2010 39,000 38,446

2011 41,966 38,004

2012 ... 40,526

...Not available.

*Amounts are actual expenditures.

Sources: King County, Comprehensive Annual Financial Reports; and U.S. Census 

Bureau, Annual Survey of State and Local Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 29

Indigent Defense Commission

W. Va. Code § 29-21-3b

In 2008, the Indigent Defense Commission was established, 

with a board of directors consisting of one former or retired 

circuit judge; three lawyers, one from each congressional 

district, who have significant experience in the defense of 

criminal cases or have demonstrated a strong commitment to 

quality representation of indigent defendants; one current chief 

public defender; and one non-attorney with a demonstrated 

commitment to providing legal services to the indigent; one 

person who is a member of an organization that advocates on 

behalf of people with mental illness and developmental 

disabilities; and one attorney with significant experience in the 

defense of juvenile delinquency and abuse and neglect cases. 

With the new Indigent Defense Commission, additional 

oversight of the highly localized indigent defense system in 

West Virginia is provided. The commission is in charge of 

creating new public defender offices and integrating or 

dissolving existing public defender corporations. 

Wisconsin

Office of the State Public Defender (est. 1977)

Wis. Stat. § 977.01 through 977.09

In Wisconsin, the state public defender system has regional 

offices that provide trial and appellate representation through 

the Office of the State Public Defender (SPD). The Public 

Defender Board, which consists of nine members selected by 

the governor and confirmed by the state senate, appoints the 

state public defender to supervise the operation, activities, 

policies, and procedures of the SPD. 

The SPD is organized into four divisions: 

 The Trial Division provides legal representation to 

eligible persons charged with adult crimes or juvenile 

offenses punishable by imprisonment; facing involuntary 

commitment; involved in certain family disputes, such as 

termination of parental rights; or subject to a revocation 

hearing in which incarceration is sought.

 The Appellate Division provides assistance to indigents 

involved in appeals, including post-conviction and 

post-commitment proceedings.

 The Administrative Division is responsible for providing 

staff support services in areas, such as human resources, 

payroll, budget preparation and analysis, accounting and 

purchasing, and collections and verification.

 The Assigned Counsel Division oversees certification, 

appointment, and payment of private attorneys who 

represent SPD clients. 

Three offices are also located in the state: legal counsel, training 

and development, and information technology. Thirty-eight 

field offices, 36 of which are trial-level offices, provide 

representation in every county in Wisconsin. The majority of 

the funding of public defender programs is paid for by the 

State of Wisconsin, while counties in the state provide a small 

amount of funding on these programs.

Wyoming

Office of the State Public Defender (est. 1977)

Wyo. Stat. Ann. § 7-6-101 through 7-6-114

Wyoming’s Office of the State Public Defender provides 

assistance counsel to indigent adult criminal and juvenile 

delinquency trial and appellate cases in circuit, district, and 

juvenile courts. The public defender ensures the protection 

of due process rights for clients at all stages of a criminal 

proceeding by informing, advising, advocating, and negotiating 

on behalf of the client. In all stages of a criminal case, the 

public defender provides representation for clients, including 

attempts to resolve cases through fair plea negotiations. Fifteen 

offices are located throughout the state, including one main 

office and 14 field offices handling indigent defense cases in 

one or more counties. The Office of the State Public Defender 

acts as a separate operating agency under the executive branch 

of the state government. The State of Wyoming is responsible 

for 85% of the total cost of the state public defender program, 

and the counties contribute the remaining 15% of the 

total cost.

TABLE 56

West Virginia state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of West Virginia*

2008 $37,538 $36,433

2009 38,523 38,594

2010 51,522 50,960

2011 45,827 38,539

2012 42,681 42,768

*Amounts are actual expenditures.

Sources: West Virginia Public Defender Services Annual Reports; and U.S. Census 

Bureau, Annual Survey of State Government Finances, FY 2008–2012.

TABLE 57

Wisconsin state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Wisconsin*

2008 $83,853 $81,645 

2009 77,297 81,159

2010 86,994 80,740

2011 77,370 80,599

2012 90,592 81,691

*Amounts are appropriations. Appropriations for 2010 and 2011 included one-time 

funding of approximately $4.5 million for the provision of civil indigent defense.

Sources: Wisconsin State Appropriation Bills; and U.S. Census Bureau, Annual Survey 

of State Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 30

TABLE 58 

Wyoming state government indigent defense 

expenditures, FY 2008–2012

Total expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Wyoming*

2008 $7,496 $7,608

2009 9,734 9,826

2010 9,896 9,932

2011 9,443 9,372

2012 10,258 11,476

*Amounts are 85% of the actual expenditures.

Sources: Wyoming Office of State Public Defender Annual Reports; and U.S. Census 

Bureau, Annual Survey of State Government Finances, FY 2008–2012.

 TABLE 59

Wyoming local government indigent defense 

expenditures, FY 2008–2012

Total county expenditures (in thousands)

Fiscal year U.S. Census Bureau State of Wyoming*

2008 $1,323 $1,342

2009 1,718 1,734

2010 1,746 1,753

2011 1,666 1,654

2012 1,810 2,025

*Amounts are 15% of the actual expenditures.

Sources: Wyoming Office of State Public Defender Annual Reports; and U.S. Census 

Bureau, Annual Survey of State and Local Government Finances, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 31

APPENDIX TABLE 1 

State government indigent defense expenditures, by state, FY 2008–2012

2008 2009 2010 2011 2012

State

Total 

(thousands)

Direct 

expenditures 

(thousands)

Intergovernmental 

expenditures 

(thousands)

Total 

(thousands)

Direct 

expenditures 

(thousands)

Intergovernmental 

expenditures 

(thousands)

Total 

(thousands)

Direct 

expenditures 

(thousands)

Intergovernmental 

expenditures 

(thousands)

Total 

(thousands)

Direct 

expenditures 

(thousands)

Intergovernmental 

expenditures 

(thousands)

Total 

(thousands)

Direct 

expenditures 

(thousands)

Intergovernmental 

expenditures 

(thousands)

Alabama $67,749 $0 $67,749 $66,895 $0 $66,895 $63,702 $0 $63,702 $65,197 $0 $65,197 $59,707 $59,707 $0

Alaska 31,521 0 31,421 33,232 0 33,232 35,198 0 35,198 37,370 0 37,370 40,036 40,036 0

Arizona 2,611 1,836 775 2,447 1,640 807 2,188 1,322 866 2,155 1,427 728 1,378 742 636

Arkansas 28,744 0 28,744 22,395 0 22,395 29,795 0 29,795 34,277 0 34,277 37,600 37,600 0

Californiaa 24,131 0 24,131 24,613 0 24,613 23,338 0 23,338 23,459 0 23,459 22,672 22,672 0

Colorado 80,906 0 80,906 92,322 0 92,322 93,784 0 93,784 90,896 0 90,896 100,714 100,714 0

Connecticut 48,062 0 48,062 48,511 0 48,511 48,265 0 48,265 50,476 0 50,476 64,002 64,002 0

Delaware 14,944 0 14,944 14,550 0 14,550 14,162 0 14,162 15,015 0 15,015 18,792 18,792 0

Floridai 239,255 0 239,255 221,414 0 221,414 218,951 0 218,951 210,888 0 210,888 214,526 214,526 0

Georgiab 71,050 ~ ~ 61,895 2,564 59,331 66,509 ~ ~ 67,643 2,263 65,380 69,539 67,489 2,050

Hawaii 9,732 0 9,732 9,973 0 9,973 9,079 0 9,079 8,732 0 8,732 9,275 9,275 0

Idaho 2,052 0 2,052 2,084 0 2,084 1,930 0 1,930 1,987 0 1,987 1,990 1,990 0

Illinois 24,424 0 24,424 25,132 0 25,132 23,463 0 23,463 22,952 0 22,952 20,266 20,266 0

Indiana 21,778 14,342 7,436 22,822 15,074 7,748 23,839 16,030 7,809 23,975 16,236 7,739 24,906 7,924 16,982

Iowa 52,424 0 52,424 55,319 0 55,319 55,901 0 55,901 54,634 0 54,634 55,726 55,726 0

Kansas 23,427 0 23,427 23,518 0 23,518 23,767 0 23,767 22,759 0 22,759 22,714 22,714 0

Kentucky 40,087 0 40,087 38,619 0 38,619 44,063 0 44,063 44,299 0 44,299 43,586 43,586 0

Louisianah 28,355 0 28,355 27,869 0 27,869 68,379 0 68,379 70,245 0 70,245 67,964 67,964 0

Maine 13,959 0 13,959 13,136 0 13,136 12,571 0 12,571 13,274 0 13,274 14,448 14,448 0

Maryland 89,141 0 89,141 90,735 0 90,735 85,971 0 85,971 85,918 0 85,918 87,952 87,952 0

Massachusetts 204,325 0 204,325 192,789 0 192,789 199,799 0 199,799 197,040 0 197,040 191,228 191,228 0

Michigan 13,622 0 13,622 13,550 0 13,550 12,833 0 12,833 12,750 0 12,750 12,866 12,866 0

Minnesota 67,370 11,587 55,783 67,775 12,877 54,898 66,238 12,117 54,121 67,163 12,953 54,210 64,509 52,833 11,676

Mississippi 2,810 0 2,810 3,100 0 3,100 3,268 0 3,268 3,582 0 3,582 4,307 4,307 0

Missouri 34,501 0 34,501 35,614 0 35,614 35,913 0 35,913 36,145 0 36,145 35,739 35,739 0

Montana 19,711 0 19,711 20,473 0 20,473 20,337 0 20,337 21,406 0 21,406 23,335 23,335 0

Nebraska 3,337 0 3,337 3,471 0 3,471 3,733 0 3,733 3,605 0 3,605 3,533 3,533 0

Nevada 1,927 0 1,927 2,155 0 2,155 2,273 0 2,273 2,644 0 2,644 3,234 3,234 0

New Hampshirec 16,581 0 16,581 17,930 0 17,930 18,478 0 18,478 18,957 0 18,957 18,038 18,038 0

New Jersey 110,640 0 110,640 115,620 0 115,620 113,643 0 113,643 115,683 0 115,683 117,628 117,628 0

New Mexico 41,293 0 41,293 42,732 0 42,732 41,029 0 41,029 40,523 0 40,523 38,519 38,519 0

New Yorkf 87,652 11,174 76,478 79,935 9,846 70,089 89,038 18,827 70,211 95,389 25,178 70,211 109,256 38,829 70,427

North Carolina 116,097 0 116,097 126,891 0 126,891 131,386 0 131,386 135,961 0 135,961 125,603 125,603 0

North Dakota 4,659 0 4,659 5,144 0 5,144 5,463 0 5,463 5,827 0 5,827 6,140 6,140 0

Ohio 86,076 44,839 41,237 65,037 29,357 35,680 68,043 35,979 32,064 74,233 41,801 32,432 70,413 30,846 39,567

Oklahoma 17,361 0 17,361 18,006 0 18,006 17,186 310 16,876 16,840 0 16,840 16,581 16,581 0

Oregon 106,614 0 106,614 100,580 0 100,580 118,057 0 118,057 108,664 0 108,664 112,269 112,269 0

Continued on next page

Revised 11/21/2014
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 32

Pennsylvania $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0

Rhode Island 12,673 0 12,673 12,613 0 12,613 12,671 0 12,671 13,434 0 13,434 13,805 13,805 0

South Carolina 23,763 11,590 12,173 27,793 11,687 16,106 24,702 9,429 15,273 21,717 8,718 12,999 21,938 $13,173 8,765

South Dakotad 769 769 0 751 751 0 696 696 0 646 646 0 624 0 624

Tennesseeg 62,152 4,694 57,458 ~ ~ ~ 69,704 4,566 65,138 71,144 4,521 66,623 74,032 69,450 4,582

Texas 19,248 18,533 715 26,882 25,786 1,096 30,377 28,491 1,886 35,537 32,723 2,814 26,981 2,536 24,445

Utahe 7 7 0 96 96 0 113 113 0 168 168 0 108 0 108

Vermont 10,476 0 10,476 10,955 0 10,955 11,261 0 11,261 11,649 0 11,649 12,103 12,103 0

Virginiaj 40,985 0 40,985 42,039 0 42,039 40,651 0 40,651 41,450 0 41,450 43,257 43,257 0

Washington 27,015 0 27,015 26,833 0 26,833 26,415 0 26,415 26,308 0 26,308 25,564 25,564 0

West Virginia 37,538 0 37,538 38,523 0 38,523 51,522 0 51,522 45,827 0 45,827 42,681 42,681 0

Wisconsin 83,853 83,853 0 77297 77297 0 86994 86994 0 77370 77370 0 90592 90592 0

Wyoming 7,496 0 7,496 9,734 0 9,734 9,896 0 9,896 9,443 0 9,443 10,258 10,258 0

~ Not applicable.

aData are actual amounts from the California Governor's Budget. 

bData for 2008 and 2010 are actual amounts from the Budgetary Compliance Report. 

cData for 2008 are actual amounts from the Operating Budget.

dData are actual amounts from the State Treasurer’s Fiscal Report. 

eData are actual amounts from the Comprehensive Annual Financial Report. 

f

Data were provided by the New York Office of Indigent Legal Services. 

gTennessee was unable to report for FY 2009. For more information, see Appendix B. 

hData for 2010-2012 are the sum of the Census Bureau query and the judicial districts expenditures from the Louisiana Public Defender Board’s Annual Report.

i

A portion of the data for the state of Florida was unavailable. 

j

Virginia expenditures exclude assigned counsel vouchers paid by the state supreme court.

Source: U.S. Census Bureau, Annual Survey of Government Finances, FY 2008–2012.

APPENDIX TABLE 1 (continued)

State government indigent defense expenditures, by state, FY 2008–2012

2008 2009 2010 2011 2012

State

Total 

(thousands)

Direct 

expenditures 

(thousands)

Intergovernmental 

expenditures 

(thousands)

Total 

(thousands)

Direct 

expenditures 

(thousands)

Intergovernmental 

expenditures 

(thousands)

Total 

(thousands)

Direct 

expenditures 

(thousands)

Intergovernmental 

expenditures 

(thousands)

Total 

(thousands)

Direct 

expenditures 

(thousands)

Intergovernmental 

expenditures 

(thousands)

Total 

(thousands)

Direct 

expenditures 

(thousands)

Intergovernmental 

expenditures 

(thousands)

Revised 11/21/2014
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 33

APPENDIX TABLE 2 

Source of state government indigent defense expenditures, by state, FY 2008–2012

State External source

Appropriated/

Actual

Benefits 

included

Percent difference,

FY 2011 Notes

Alabama Executive Budget Appropriated Yes 62.22%

External source excludes expenditures from the 

Fair Trial Tax Fund. For the other two areas, the 

differences were 0.90% and 0.00%.

Alaska Governor’s Operating Budget Actual Yes 0.60

Arizona

Governor’s Budget - Agency 

Detail Actual Yes 2.67 Three agencies’ differences: 0%, 2.5%, and -9.6%.

Arkansas State Budget Actual Yes 1.01

Only compares expenditures for the Public 

Defender Commission.

California Governor’s Budget Actual Yes ~

This is what Census Bureau uses for survey data; 

however, the data for the Appellate Projects 

cannot be pulled from the Judicial Council’s 

expenditures.

Colorado

Staff Budget Briefing for the 

Judicial Branch Actual Yes 0.10

The Office of Dispute Resolution was not available 

for external comparison.

Connecticut Agency Annual Reports Actual Yes 0.02

Delaware State Senate Appropriation Bill Appropriated Yes 3.28

Florida State Budget Appropriated Yes 38.78 The two sources need to be reconciled.

Georgia Budgetary Compliance Report Actual Yes 0.01

Hawaii Executive Biennium Budget Appropriated No 5.29

External source was unavailable for FY11; the 

comparison was done with FY12 information.

Idaho Legislative Fiscal Report Actual Yes 0.15

Illinois State Budget Actual Yes 0.01

Indiana

Budget Expenditure Summary 

and the Commission’s Annual 

Report Actual No 0.14

Difference for the Council was 1.66%; for the 

Office, 1.04%; for the Commission, -0.07%.

Iowa Agency Operating Budget Actual Yes 5.39

Kansas Governor’s Budget Report Actual Yes 2.01

Kentucky State Budget Appropriated Yes 0.01

Louisiana

State Budget (FY08–09); Agency 

Report (FY10–FY12)

Appropriated (FY08–09); 

Actual (FY10–12) Yes 0.01

Comparison only for board expenditures, not for 

judicial districts.

Maine

Annual Report (FY08–10); 

Comprehensive Annual 

Financial Report (FY11–12) Actual Partial 0.02

Maryland

Judicial and Legal Review 

Budget Actual Yes 0.12

Massachusetts Budget Summaries Actual No 0.17

Michigan State Executive Summary Appropriated Yes 15.17

External amounts were the governor’s 

recommended appropriations.

Minnesota Agency Profile in State Budget Appropriated No 1.80

Mississippi State Budget Appropriated Yes 19.92

Missouri Office Financial Summary Actual No 0.24

Montana

Report to Governor, Legislature, 

and Supreme Court Actual Yes 5.61

Central administrative expenditures were 

excluded from the external source.

Nebraska Executive Budget in Brief Actual Yes 0.08

Nevada Executive Biennial Budget

Actual (FY 08, 10, 12); 

Appropriated (FY 09, 11) Yes 7.07

Odd years were presented as an adjusted 

appropriation amount.

New Hampshire Governor’s Operating Budget Actual ~ 0.00 Services were contracted out.

New Jersey State Budget Actual No 3.10

New Mexico

Public Defender Department 

Financial Statement Actual Yes 1.45

New York Enacted Budget Actual No 27.54

Nonpersonal service/indirect costs were 

unavailable through Ebasic. External data were 

used. Amounts for local assistance and personal 

assistance match exactly.

North Carolina

Report of the Commission on 

Indigent Defense Services Actual Yes 0.12

North Dakota

Comprehensive Annual 

Financial Report Actual Yes 6.91

Comparison excludes the Office of Management 

and Budget. External detail was unavailable for 

the office.

Ohio Executive Budget Actual Yes 0.12

Oklahoma

Budgetary Reporting/

Comprehensive Annual 

Financial Report Actual Yes 16.60

Continued on next page
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 34

APPENDIX TABLE 2 (continued)

Source of state government indigent defense expenditures, by state, FY 2008–2012

State External source

Appropriated/

Actual

Benefits 

included

Percent difference, 

FY 2011 Notes

Oregon Governor’s Budget Actual Yes 1.43% Based on a two-year aggregate because of 

budget reporting. FY10 and FY11 data were used.

Pennsylvania ~ ~ ~ ~ Data unavailable at the state level because 

the state provides zero assistance to local 

governments.

Rhode Island State Judicial Department 

and Office of Public Defender 

Budgets

Actual Yes 0.04

South Carolina Detail Base Budget Appropriated Yes 0.02 Amounts were actual amounts appropriated 

to the agency in prior fiscal years, not amounts 

expended.

South Dakota State Treasurer’s Fiscal Report Actual ~ ~ Expenditure data unavailable. External source 

was used.

Tennessee State Budget Actual Yes 2.82

Texas Indigent Defense Commission’s 

Annual and Expenditure Report

Actual Yes 0.22

Utah Comprehensive Annual 

Financial Report

Actual ~ ~ Expenditure data unavailable. External source 

was used.

Vermont Comprehensive Annual 

Financial Report

Actual Yes 0.47

Virginia Executive Budget Appropriated Yes 2.78

Washington State Judicial Department 

Budget

Appropriated Yes 6.98

West Virginia Department Annual Report Actual Yes 18.91 Annual report doesn’t show expenditures from 

the Public Defender Lottery Fund.

Wisconsin State Appropriations Bill Appropriated Yes 0.50 One agency was 0.5%; the other matched.

Wyoming Comprehensive Annual 

Financial Report

Actual Yes 0.77

~ Not applicable. 

Sources: State government budget and appropriation documents, FY 2008–2012.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 35

Appendix A: Comparing Census Bureau data to external sources

To ensure the accuracy of data presented from the Annual 

State Government Finance Survey, the Census Bureau 

compared these data to information provided by external 

sources, including state budgets, comprehensive annual 

financial reports, agency reports, and appropriation bills. 

Amounts reported by the Census Bureau were compared to 

actual amounts, when available. Appropriated amounts were 

consulted when actual amounts were unavailable.

Fiscal year 2011 was analyzed to determine the cause of 

expenditure differences between external reports and Census 

Bureau data, if any. Using 2011 data provided an opportunity 

for any revisions to be incorporated in Census Bureau data. 

In addition, 2011 provides a more recent view of what can be 

anticipated in terms of organization and accounting structure 

in the future, rather than previous years.

Based on FY 2011, the following results were found:4

 23 states had a percentage difference of 1.0% or less.5

 10 states had a percentage difference between 1.0% and 

5.0%.

 6 states had a percentage difference between 5.0% and 

10.0%.

 4 states had a percentage difference between 10.0% and 

20.0%.

 3 states had a percentage difference greater than 20.0%.

 4 states and the District of Columbia were not applicable to 

the external source comparison.6

Detailed explanations for each state are included in this 

appendix. Three common reasons were determined to be the 

cause of expenditure differences between Census Bureau data 

and external sources:

 comparing actual amounts to appropriated amounts

 excluding employer contributions to pension systems at the 

agency level

 storing data for the Annual Survey of State Government 

Finances in thousands of dollars.

Comparing actual expenditures to appropriated amounts 

in an external source can lead to a larger difference, though 

this was not always the case. Agencies may not always 

expend everything that is appropriated in the fiscal year, or 

additional carryover from a prior fiscal year could be used for 

expenditures. For the majority of comparisons, the external 

amount tended to be greater than the Census Bureau amount. 

Cases in which the opposite result occurred are noted.

Certain states have central agencies that expend the state’s 

employer contributions into its pension systems. In these 

situations, the detail explaining to which functional agency 

those employer contributions were assigned is nonexistent. 

As a result, seven states that expend employer contributions 

into pension systems are excluded in Census Bureau 

expenditure amounts.

Census Bureau data for state government finances are stored 

in the database in thousands of dollars. Due to rounding 

procedures set up in the processing system, some amounts 

may be rounded up, rounded down, or lost (e.g., if the amount 

of the expenditure line item is less than $500). Depending on 

the amount of expenditure line items in the database for the 

agency providing indigent defense services, this rounding 

effect can have a minimal impact or a large impact (e.g., a 

state agency that has over 500 lines of expenditures). A future 

solution would be to pull the data from the raw data files 

provided by the state governments. However, a small number 

of states provide data in thousands of dollars.

The following sections of this appendix provide a state-by-state 

discussion of the differences between Census Bureau data and 

the external sources used for comparison. See appendix table 2 

for a summary of the external sources used, appropriated versus 

actual external amounts, whether benefits were included in the 

data, and the FY 2011 percentage differences. In certain instances, 

state data in other fiscal years exhibited a large difference between 

Census Bureau data and the external sources. Those notable 

disparities are discussed below, if applicable.

Alabama

Census Bureau data included retirement benefits. The external 

source was the state’s executive budget document, which 

provided appropriated amounts. The external source total 

was only the sum of the Fair Trial Tax Transfer and indigent 

defense activity within the Alabama Department of Finance, 

and did not clearly exhibit the expenditures for the money 

spent within the Fair Trial Tax Fund.

4For the State of Hawaii, data from FY 2012 were used for external 

comparison because FY 2011 external data were unavailable.

5To find the difference, the Census Bureau’s amount was subtracted from 

the external source. The percentage difference is the absolute value of the 

difference as a percentage of the external source.

6Excludes California, Pennsylvania, South Dakota, and Utah. For more 

information, see explanations for each state in this appendix. Also 

excludes the District of Columbia because its indigent defense services are 

federally funded.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 36

Appendix A: Comparing Census Bureau data to external sources (continued)

The total difference between the two sources was $25 million, 

or 62.22%. However, the majority of the difference could be 

contributed to the missing expenditures of the Fair Trial Tax 

Fund. The difference for the indigent defense activity within 

the state’s Department of Finance was $1,000, or 0.9%. The 

amounts for the Fair Trial Tax Transfer were equal.

The budget was organized by fund, not necessarily the activity 

in question. Given the areas available for comparison, the 

amounts pulled from Census Bureau data are accurate.

Alaska

Census Bureau data for Public Defender Agency expenditures 

included retirement benefits. The external source was 

the Governor’s Operating Budget, which provided actual 

expenditures from prior fiscal years. The difference between 

the two sources was $138,000, or 0.60%. This difference 

could be largely attributed to rounding effects, given that 94 

expenditure lines were included in fiscal year 2011 data.

Arizona

While the majority of spending for indigent defense is in 

the counties, three state programs spend money on indigent 

defense: the State Aid to Indigent Defense Fund, the State 

Capital Postconviction Public Defender Office, and the County 

Public Defender Training Fund. Retirement benefits were 

included in Census Bureau data, but it was a small amount 

because the majority of expenditures at the state level were 

intergovernmental aid. Actual amounts were available in the 

Governor’s Budget - Agency Detail Book. Separate amounts for 

each state program were provided.

The total difference between Census Bureau data and the 

external source was $56,000, or 2.67%. The State Aid to 

Indigent Defense Fund was equal in both sources. The largest 

difference came from the County Public Defender Training 

Fund, which was a 9.60% difference. The cause of the difference 

between the two sources was due to rounding.

Arkansas

The majority of expenditures were from the state’s Public 

Defender Commission; however, in conflict cases, the 

expenditures came from the Arkansas Supreme Court, 

Arkansas Administrative Office of the Courts, and Arkansas 

Court of Appeals. Retirement benefits were included in Census 

Bureau data at the agency level. The external source was the 

State Budget, which provided actual expenditures at the agency 

level. As a result, expenditures from the state supreme court, 

administrative office of the courts, and the court of appeals 

could be extracted from the external source.

Comparing expenditures from only the Public Defender 

Commission, the difference between Census Bureau data and 

the external source was $217,000, or 1.01%. This difference is 

related to rounding issues and possible accounting adjustments 

that were consciously excluded from the database query.

California

California is the only state for which the Census Bureau does 

not receive an electronic source. As a result, expenditures 

for this state were compiled using the State of California 

Governor’s Budget, which would have been the external 

source used for comparison. Because this external source 

was consulted for data, no differences exist between the two 

data sources.

Expenditures for the California Appellate Project were not 

available in the Governor’s Budget. This program was primarily 

funded by contract through the Judicial Council of California. 

While expenditures for the council were available in the budget 

document, the expenditures were broken out by fund detail 

and not the program. Because of the lack of program detail, 

the contract expenditures for the California Appellate Project 

were unavailable.

Colorado

Four agencies are responsible for some portion of indigent 

defense for the state: the Office of Dispute Resolution, the 

Office of the State Public Defender, the Office of the Alternate 

Defense Counsel, and the Office of the Child’s Representative. 

Census Bureau data for each agency included retirement 

benefits. The external source was the Staff Budget Briefing for 

the Judicial Branch and included actual amounts for the State 

Public Defender Office, Alternate Defense Counsel Office, and 

Child’s Representative Office. The external source excluded 

amounts for the Office of Dispute Resolution. Census Bureau 

data for the Office of Dispute Resolution was $218,000 out of 

the $90.9 million expenditure total.

Comparing the expenditures from the available agencies, the 

difference between the two sources was $96,000, or 0.10%. For 

the State Public Defender Office, the difference was 0.50%. 

For the Alternate Defense Counsel Office, the difference was 

0.01%. For the Child’s Representative Office, the difference was 

0.06%.

Connecticut

Data for the Public Defender Services Commission were 

available in Census Bureau data, with pension payments 

included. The external source was the Annual Report of the 

Chief Public Defender, which provided actual expenditures for 

the commission. 

The difference between the two sources of data was $8,000, or 

0.02%. The difference is attributed to rounding issues.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 37

Appendix A: Comparing Census Bureau data to external sources (continued)

Delaware

Indigent defense in the state is funded and run by the state’s 

Office of the Public Defender. Census Bureau data included 

pension payments for the office. The external source was an 

appropriation bill passed by the state senate that breaks out 

specific appropriations for the office.

Even with this appropriated amount, the expenditures of the two 

sources were close. The difference was $477,000, or 3.28%. The 

raw data file was analyzed to determine whether rounding was 

an issue. When the original difference between the two sources 

was analyzed, Census Bureau data was $478,000 greater than the 

appropriated amount. When the raw data file was analyzed in 

whole dollar amounts, the Census Bureau data was $74,000 less 

than the appropriated amount. This is a 0.51% difference.

Florida

A majority of the expenditures in Census Bureau data were 

found in the Justice Administrative Commission. Benefit 

payments were included in the database query, which yielded 

over 1,000 lines of expenditures for indigent defense. The 

external source was the enacted budget for each fiscal year. For 

fiscal year 2011, this was the Laws of Florida, Chapter 2010-152.

Appropriations in the budget provided more detailed 

information. Some items in the budget were rolled up into 

something excluded in the Census detail. The difference 

between the two sources was $133.6 million, or 38.78% (the 

appropriations were greater). The difference could be a result of 

other items excluded in the query (e.g., transfers and refunds), 

rounding issues, and comparing actual expenditures to 

appropriated amounts.

More reconciliation work needs to be done for Florida. The 

Census Bureau will continue to look into the discrepancies 

once this report is submitted.

Georgia

The Georgia Public Defender Standards Council oversees 

indigent defense in the state. The agency was available in 

the Census Bureau data and included retirement benefits at 

the function level. The external source was the Budgetary 

Compliance Report, which provided actual amounts for each 

fiscal year. The difference between the two sources was $9,000, 

or 0.01%.

Census Bureau data for 2008 and 2010 were abnormally lower 

than the external source and the remainder of the data series. 

Analysis of the raw data file revealed that the file received 

from the state did not provide reliable amounts for certain 

expenditure lines. This data agreement with the state has 

since been renegotiated, and the data abnormalities have been 

fixed. Given that the external source and the reliable years 

of data were so close, the final data table included external 

data for total expenditures in fiscal years 2008 and 2010. 

The external source did not separate intergovernmental and 

direct expenditures, so those data were not available for 2008 

and 2010.

Hawaii

Hawaii’s Office of the Public Defender data were available 

in the Census Bureau data. However, retirement benefit 

payments for the state were in a central location for the entire 

Department of Budget and Finance, so these payments were 

excluded in indigent defense expenditures. The external 

source was the Executive Biennium Budget, which provided 

appropriated amounts for both current and historical years.

A recent website redesign has left the 2009 to 2011 biennium 

budget unavailable, even in archived web pages. This means 

for fiscal years 2010 and 2011, no external source was available 

for comparison. In this state, fiscal year 2012 was used for 

comparison. The difference between the two sources in 2012 

was $518,000, or 5.29%. The combination of comparing actual 

amounts to appropriated amounts, and excluding retirement 

benefits could have contributed to the difference.

Idaho

While indigent defense services are mainly provided by 

the county, the state has an Office of the Appellate Public 

Defender. This agency’s expenditures were available in the 

Census Bureau data and provided retirement benefits at the 

function level. The external source was the Legislative Fiscal 

Report for the agency, which showed actual amounts for prior 

fiscal years.

The difference between the two sources was $3,000, or 0.15%. 

This difference could be attributed to rounding, as the raw data 

file was delivered in whole dollars.

Illinois

At the trial level, indigent defense is mainly county run and 

funded, but the Office of the State Appellate Defender within 

the state government represents indigent defendants on appeal. 

Census Bureau data for the office included retirement benefit 

contributions. The external source was the state budget, which 

showed actual amounts for each year. The difference between 

the two sources was $3,000, or 0.01%.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 38

Appendix A: Comparing Census Bureau data to external sources (continued)

Indiana

Indigent defense services are provided, in part, from the state 

government through three agencies: the Office of the State 

Public Defender, the State Public Defender Council, and the 

Public Defender Commission. All agency data were available 

through the Census Bureau data, but retirement contributions 

were provided by a central agency for the state and were not 

included in the final data.

Two different external sources were used for comparison: the 

As-Passed Budget Expenditure Summary, which contained 

actual expenditure amounts for the Office of the State Public 

Defender and the State Public Defender Council; and the 

Annual Report of the Indiana Public Defender Commission, 

which provided actual expenditure amounts for the Public 

Defender Commission.7

The total difference between the two sources was $34,000, 

or 0.14%. For the Public Defender Council, the difference 

was 1.66%; for the Office of the State Public Defender, 

the difference was 1.04%; and for the Public Defender 

Commission, the difference was 0.07%.

Iowa

Data for the Office of the State Public Defender were available 

in the Census Bureau data and included retirement benefits. 

The external source was the Agency Operating Budget, which 

provided actual expenditure amounts for prior years.

The difference between the two sources was $3.1 million, or 

5.39%. The external amount included expenditure line items 

for reversions and depreciation, which were excluded in 

Census Bureau data as they were not actual cash transactions 

expended in the fiscal year. Removing these two items from the 

external source amount would bring the difference to about 

$1 million.

Kansas

Indigent defense in felony cases is handled by the State Board 

of Indigents’ Defense Services. Census Bureau data provided all 

of the agency detail, including employer pension contributions. 

The external data source was the Governor’s Budget Report, 

which provided actual amounts for prior fiscal years.

The difference between the sources was $467,000, or 2.01%, 

and could be attributed to the system rounding from actuals 

provided in the raw data file. The agency had almost

180 expenditure lines.

Kentucky

The Department of Public Advocacy is primarily state funded, 

but some funds come from county governments. Census 

Bureau data included both state and county expenditures and 

employer pension contributions. The external source was 

the state budget, which provided appropriated amounts. The 

difference between the two sources was $6,000, or 0.01%.

Louisiana

Louisiana’s indigent defense services are administered by 

the Louisiana Public Defender Board, which oversees and 

funds all 42 judicial districts in the state. Census Bureau data 

pulled from the database query provided only expenditures 

(including retirement benefits) from the board and not those 

of the 42 judicial districts, as the state considers them to be 

local governments.8 The board’s website provided the current 

year’s annual report, which contained actual expenditures 

for the board and 42 judicial districts. This report was only 

available for fiscal years 2010 through 2012. The external 

source for fiscal years 2008 and 2009 was the state budget, 

which provided appropriated amounts.

The difference between Census Bureau data and the board’s 

expenditures in the annual report was $2,000, or 0.01%, which 

could be attributed to rounding. 

Because the initial database query excluded expenditures 

from the judicial districts, amounts from the annual report for 

district spending were included for the state expenditures in 

the data table for fiscal years 2010 through 2012. This was also 

the method for capturing these expenditures in the Census 

Bureau’s survey.

Maine

The Maine Commission on Indigent Legal Services began 

operations in fiscal year 2011. Prior to that, the Judicial 

Department administered the funds for indigent defense 

services. Census Bureau data contained both the data for 

the commission and the services provided by the Judicial 

Department of the state. Pension contributions were included 

for the commission. However, pension contributions for 

the Judicial Department were provided as one sum for the 

department, so contributions for only those employees 

providing the indigent defense services were unavailable.

8According to Census Bureau classification, the judicial districts in 

Louisiana are classified as dependent agencies of the state.

7The external data for FY 2008 was displayed in the external report for the 

commission as FY 2006–2007. Because the data in the 2008 report do not 

match the 2007 report, this is assumed to be a typo within the report and 

was taken as the 2008 data.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 39

Appendix A: Comparing Census Bureau data to external sources (continued)

For fiscal years 2008 through 2010, the Maine Judicial Branch 

provided its indigent defense expenditures in its annual report. 

After the creation of the commission, that expenditure detail 

was no longer provided in the Judicial Department. The 

commission’s actual expenditures were provided in the state’s 

Comprehensive Annual Financial Report for fiscal years 2011 

through 2012. These expenditures were used for comparison. 

The difference between the two sources for the commission’s 

expenditures was $2,000, or 0.02%.

Maryland

The Office of the Public Defender provides indigent defense 

services in the state. The agency’s expenditures were available 

with pension contributions in the Census Bureau data. The 

external source was the Judicial and Legal Review Budget, 

which provided actual amounts. The difference between the 

two sources was $101,000, or 0.12%, and could be attributed 

to rounding issues, as the query pulled about 150 expenditure 

line items.

Massachusetts

Expenditures for the Committee for Public Counsel were 

available in the Census Bureau data, but benefit payments at 

the agency level were not provided. Two centralized agencies 

paid health and life insurance benefits and retirement 

allowances for state employees. The external source was the 

Governor’s Budget, which provided actual amounts for prior 

years. The difference between the two sources was $328,000, or 

0.17%.

Michigan

While indigent defense services are mainly county run and 

funded, the state operates an Appellate Defender Commission. 

The commission’s expenditures were available with pension 

contributions in the Census Bureau data. The external 

source was the State Executive Summary, which provided 

recommended appropriations for each fiscal year. External 

appropriations for fiscal year 2012 were unavailable due 

to changes in the presentation of the budget, in which all 

appropriations were grouped into “Judicial Operations.”

The difference between the two sources was $2.3 million, or 

15.17%. The comparison was made based on recommended 

appropriated amounts, not actual appropriations or 

actual expenditures. Also, the appropriation line item in 

the budget was “Indigent Defense & Judicial Agencies.” 

Given this, the budget line may have included additional 

expenditures that should not have been included. However, 

without any additional information, this remain unknown. 

After a thorough review, it was determined that Census 

Bureau data were not missing anything, but it was difficult 

to compare line item expenditures to a singular line in an 

appropriations budget.

Minnesota

The State Board of Public Defense expenditures were available 

in the Census Bureau data. However, employer contribution 

toward pension benefits were shown under a central agency 

and were not available at an agency level. The external source 

was the Agency Profile in the State Budget. 

The difference between the two sources was 1.2 million, 

or 1.8%. This could be a result of the mission pension 

expenditures.

Mississippi

While the majority of indigent defense expenditures in the 

state are with county governments, three state agencies provide 

indigent defense services: the Post-Conviction Counsel, the 

Capital Defense Counsel, and the Office of Indigent Appeals. 

Expenditures for all three agencies, including retirement 

benefits, were found in Census Bureau data. The external 

source for the three state agencies was the State Budget, which 

provided appropriated amounts.

The difference between the two sources was $891,000, or 

19.92%. After a thorough review, it was determined that the 

Census Bureau data were not missing any expenditures. The 

difference could be a result of comparing actual expenditures 

provided by the state to appropriated amounts in a budget.

Missouri

The state has a Public Defender Commission that provides 

a statewide, centrally administered public defender 

system. Census Bureau data provided expenditures for the 

commission. However, employer pension contributions came 

from a centralized agency. The external source was the Office 

Financial Summary, which showed actual expenditures.

The difference between the two sources was $88,000, or 0.24%, 

and could be the result of rounding issues and the exclusion of 

retirement benefits.

Montana

Census Bureau data provided the expenditures of the 

Office of the State Public Defender. The line items showed 

expenditures for the centralized administration of the agency 

and each regional office’s expenditures, including retirement 

benefits. The external source was the state’s Public Defender 

Commission’s Report to the Governor, Legislature, and 

Supreme Court, which showed actual expenditures for each of 

the 11 regions in the state.

The difference between the two sources was $1.1 million 

(Census Bureau data were greater), or 5.61%. The difference 

could be attributed to the external source not showing the 

centralized expenditures and only showing those of the 

regional offices.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 40

Appendix A: Comparing Census Bureau data to external sources (continued)

Nebraska

Expenditures for the Commission on Public Advocacy were 

included, with retirement benefits, in the Census Bureau data. 

The external source was the state’s Executive Budget in Brief, 

which provided actual amounts for each year.

The difference between the two sources was $3,000, or 0.08%, 

which could be more than likely attributed to rounding 

differences, as 31 expenditure line items were included. 

Nevada

While the counties run and fund the majority of indigent 

defense services in the state, the State Public Defender expends 

some money. These expenditures, including retirement 

benefits, were included in Census Bureau data. The external 

source was the Executive Biennial Budget. Because the budget 

is released every 2 years, only 3 years out of the 6 produced 

an actual amount for comparison (the even numbered years). 

The odd numbered years were presented as an adjusted 

appropriation amount.

Given that fiscal year 2011 was the year of this analysis, the 

external amount was a suggested appropriation amount, which 

could attribute to the difference. The difference between the 

two sources was $201,000, or 7.07%.

New Hampshire

New Hampshire’s State Public Defender contracts out all of 

its indigent defense services. Census Bureau data were found 

in one expenditure line item. No benefits were included, as 

they were considered to be contracted services (i.e., no state 

employees receive pension benefits). The external source 

was the Governor’s Operating Budget, which provided 

actual expenditure amounts for prior years. The amounts 

of the two sources were equal for each fiscal year from 2009 

through 2012.

Due to a lack of detail in Census Bureau data, State Public 

Defender data for fiscal year 2008 were unavailable. Given that 

other fiscal years were exact matches to each other, the data 

in the final table for fiscal year 2008 came from the amounts 

shown in the Operating Budget.

New Jersey

Indigent defense is state run and funded, and it is administered 

through an office within the Treasury Department. Census 

Bureau data provided expenditures for the office, but excluded 

retirement expenditures, as this was done through a centralized 

agency for the state. The external source was the State Budget, 

which provided actual amounts for prior fiscal years.

The difference between the two sources was $3.7 million, or 

3.10%, and could be due to missing pension contributions and 

rounding issues, as over 100 lines of expenditures for the state 

are included.

New Mexico

The State Public Defender is a centralized and state funded 

agency that administers indigent defense. Census Bureau 

data provided the agency’s expenditures, including pension 

contributions. The external source was the Public Defender 

Department Financial Statement, which provides actual 

expenditure amounts. The difference between the two sources 

was $578,000, or 1.45%.

New York

While indigent defense services in the state are provided by the 

county, the state government provides a large amount of local 

assistance. Since 2011, the Office of Indigent Legal Services has 

been in charge of the disbursements from the Indigent Legal 

Services Fund. Prior to this, management of the fund was done 

by the Office of the Comptroller.

North Carolina

Expenditures for the Office of Indigent Defense Services 

were available in Census Bureau data, including pension 

contributions. The external source was the Report of the 

Commission on Indigent Defense Services, which provided 

actual expenditure amounts.

The difference between the two sources was $169,000, or 

0.12%, which could be a result of rounding, as 140 expenditure 

line items were included in the database query.

North Dakota

According to Census Bureau data, three funds within the 

Commission on Legal Counsel for Indigents have expenditures 

for indigent defense services: the Indigent Persons Attorney, 

Public Defense Services, and Indigent Defense Services. The 

external source was is the state’s Comprehensive Annual 

Financial Report, which provided actual expenditures for 

the commission.

The difference between the two sources was $704,000, or 

13.74% (Census Bureau data were greater). The external source 

only includes amounts within the commission’s expenditures. 

It excludes money from the Indigent Defense Services Fund 

that is expended within the Office of Management and Budget. 

(Detail in the CAFR does not provide that information.) 

For fiscal year 2011, the amount expended within the Office 

of Management and Budget was $350,000. Additionally, 

289 expenditure line items are included in the database query, 

which could contribute to the difference. The difference 

between the two sources, excluding the expenditures from the 

Office of Management and Budget, was $354,000, or 6.91%.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 41

Appendix A: Comparing Census Bureau data to external sources (continued)

Ohio

While the county governments have input over how its 

indigent defense systems are run, the counties report to the 

Ohio Public Defender Commission, which provides shared 

revenue and has some direct expenditures. Census Bureau data 

contained expenditures for the commission, including pension 

contributions. The external source was the state’s Executive 

Budget, which showed actual expenditure amounts for each 

fiscal year. For fiscal year 2011, the difference between the two 

sources was $91,000, or 0.12%.

A larger than normal disparity occurred in the amounts for 

fiscal year 2008. After analysis of the data, it was determined 

that certain items should have been be excluded, and the 

state shared revenue portion of local aid was about $7 million 

greater than what was reported as the actual amount in the 

budget. The total difference for 2008 was $8.9 million, or 11.5%.

It should be noted that the differences between the external 

source the Census Bureau data were less than $1 million for 

each of the following years. Additionally, fiscal year 2008 was 

the first year that the state began providing administrative 

records for the finance survey. Since then, the state has 

changed its accounting program (e.g., code structure and level 

of detail).

Oklahoma

Excluding Tulsa and Oklahoma Counties, expenditures for 

the Oklahoma Indigent Defense System are state run and 

funded, and were included in Census Bureau data with their 

pension contributions. The external amounts were actual 

expenditures from the Budgetary Reporting Section of the 

state’s Comprehensive Annual Financial Report.

The difference between the two sources was $2.4 million, or 

16.6%. (Census Bureau data were greater.) After a thorough 

review, it was determined that all of the expenditure lines 

should be included.

Oregon

Census Bureau data provided all of the data for the Public 

Defense Services Commission, which is state run and funded. 

The external source was the Governor’s Budget, which showed 

actual amounts at a 2-year aggregate.

To make a consistent comparison, a 2-year analysis was done 

for fiscal years 2010 and 2011. The difference between the 

two sources for the 2-year total was $3.2 million, or 1.43%. 

Because over 140 expenditure lines were included in 2011, the 

difference may be a result of rounding.

Pennsylvania

Data were unavailable at the state level because the state 

provides zero assistance to local governments for indigent 

defense services.

Rhode Island

The Office of the Public Defender provides statewide indigent 

defense services, and conflict cases are run within the Judicial 

Department of the state. Expenditures for both agencies were 

included with pension contributions in the Census Bureau 

data. The external sources were the budgets for the Public 

Defender and the Judicial Department, which provide actual 

expenditure amounts. The difference between the two sources 

was $5,000, or 0.04%.

South Carolina

Expenditures for the Commission on Indigent Defense 

were included with pension contributions in Census Bureau 

data. The external source was the Governor’s Executive 

Budget - Detail Base Budget, which provides actual 

appropriations from previous years, not actual expenditures 

from the commission. The difference between the two sources 

was $5,000, or 0.02%.

South Dakota

Each county in the state organizes and funds its indigent 

defense services, with little funding from the state government. 

No detail is available within Census Bureau data to pull 

expenditures for the state in a query. Data in the final table 

were from the state treasurer’s Fiscal Report, which provides 

actual expenditure amounts for local assistance.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 42

Appendix A: Comparing Census Bureau data to external sources (continued)

Tennessee

Indigent defense services in the state are primarily run by 

the state government, except for two counties that run their 

services independently. (Shelby and Davidson Counties receive 

some local assistance from the state.) The expenditures of 

the Indigent Defendants Counsel, District Public Defenders 

Conference, and the Office of the Post-Conviction Defender 

were provided in Census Bureau data, including pension 

contributions. The external amounts were actual expenditures 

from the state’s budget.

The difference between the two sources was almost 

$2 million, or 2.82%. A majority of the difference came from 

the expenditures for each district. The budget excluded lines 

for “Conference Wide Pool” or “Capital Case Training,” which 

were included in the Census Bureau data amount.

The state of Tennessee was unable to report for fiscal year 

2009. As such, data for the major component of the state were 

imputed using recently reported historical data from the prior 

year’s annual survey, the trend of historical data, or the current 

year’s budget information. These imputations were done at 

the item code level. As a result, detailed information into the 

programs and departments were unavailable for that year.

Texas

Census Bureau data provided expenditures for the Texas 

Indigent Defense Commission. These data also include 

retirement contributions. The external source was the Texas 

Indigent Defense Commission’s Annual Expenditure Report, 

which provides actual, detailed expenditure amounts for each 

fiscal year. The difference between the two sources was $79,000, 

or 0.22%. This could be attributed to rounding effects, as over 

40 expenditure lines were included in the database query.

Utah

Indigent defense services in the state are provided by county 

governments. The only money provided by the state is in the 

Post-Conviction Indigent Defense Fund. These expenditures 

were clearly stated in the state’s Comprehensive Annual 

Financial Report, but the detail was unavailable in the Census 

Bureau’s database query. Data from the external source were 

provided as the state expenditures in the final data table.

Vermont

The Office of the Defender General provides the indigent 

defense services statewide. Census Bureau data were provided, 

including pension contributions. The external source used for 

comparison was the state’s Comprehensive Annual Financial 

Report. The difference between the two sources was $55,000, 

or 0.47%.

Virginia

The Virginia Indigent Defense Commission provides services 

throughout the state. Census Bureau data contained all of 

the expenditures for the commission, including pension 

contributions. The external source was the state’s Executive 

Budget, which provided appropriated amounts for each year.

The difference between the two sources was $1.8 million, or 

2.78%. The difference could be attributed to comparing an 

actual amount to an appropriated amount and rounding from 

the raw data file. Over 90 expenditure lines were included for 

the Commission.

Washington

While mainly county funded, the state government runs an 

Office of Public Defense. Expenditure amounts for the office 

with pension contributions were included in Census Bureau 

data. The external amounts were from the Judicial Section of 

the state’s budget. Although Washington creates a biennial 

budget, appropriated amounts for each specific fiscal year are 

located within the source. 

The difference between the two sources was $1.7 million, or 

6.98%. This may be a result of comparing with appropriated 

amounts and rounding effects, though only 32 lines were 

included in the database query.

West Virginia

County run but state funded, expenditure amounts for 

indigent defense services in the state were available in Census 

Bureau data, including pension contributions. Census 

Bureau data included expenditures from the general fund 

and the Public Defender Lottery Fund. The external source 

was the Department Annual Report that provides actual 

expenditure amounts.

The difference between the two sources was $7.3 million, or 

18.91%. The Annual Report excludes expenditures from the 

Public Defender Lottery Fund, which was the majority of the 

difference between the two sources.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014 43

Appendix A: Comparing Census Bureau data to external sources (continued)

Wisconsin

Two agencies in the state government provide indigent 

defense services: the Office of the State Public Defender and 

Indigent Defense Legal Services. Census Bureau data provided 

expenditure amounts for the two agencies, including benefit 

contributions. The external source, the state budget, is issued 

through an omnibus spending act (for fiscal year 2011, it was 

2009 Act 28). The external source only shows appropriated 

amounts for each agency.

For the Office of the State Public Defender, the difference 

between the two sources was $395,000, or 0.5%, and could 

be attributed to rounding, as 202 expenditure line items were 

included in Census Bureau data. For the Indigent Defense 

Legal Services, the two amounts were equal.

Wyoming

All of the expenditures for the Office of the State Public 

Defender were included in Census Bureau data, including 

pension contributions. The external source was the state’s 

Comprehensive Annual Financial Report (CAFR), which 

provided one total line for the agency’s actual expenditures.

The difference between the two sources was $83,000, or 0.8%. 

After review of the raw data file, the difference could not be 

contributed to a rounding issue. However, without knowing 

what is included in the CAFR’s expenditure line (e.g., this 

line may include items such as depreciation, which were 

excluded in Census Bureau data), the difference may be due to 

expenditure inclusion.

A legislatively defined 85%/15% split exists between the 

state and counties to fund the state’s agency, although it is 

administered by the state. Given this, 85% of the expenditures 

reported in Census Bureau data were assigned to the state in 

the data table, and the remaining 15% were be assigned to the 

county aggregate.
Office of Justice Programs

Innovation • Partnerships • Safer Neighborhoods

www.ojp.usdoj.gov

The Bureau of Justice Statistics of the U.S. Department of Justice is the principal 

federal agency responsible for measuring crime, criminal victimization, criminal 

offenders, victims of crime, correlates of crime, and the operation of criminal 

and civil justice systems at the federal, state, tribal, and local levels. BJS collects, 

analyzes, and disseminates reliable and valid statistics on crime and justice 

systems in the United States, supports improvements to state and local criminal 

justice information systems, and participates with national and international 

organizations to develop and recommend national standards for justice statistics. 

William J. Sabol is acting director.

This report was written by Stephen D. Owens, Elizabeth Accetta, Jennifer J. 

Charles, and Samantha E. Shoemaker (U.S. Census Bureau). Stephen D. Owens 

verified the report.

Morgan Young and Jill Thomas edited the report, and Tina Dorsey and Barbara 

Quinn produced the report.

July 2014, NCJ 246683