The Right to Compensation for Court Appointed Attorneys for Indigent Civil Defendants PDF Download

Author: Jeffrey A. Neary
Publisher:
ISBN:
Category : Lawyers
Languages : en
Pages : 176

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Book Description

Author: United States. Congress. House. Committee on the Judiciary
Publisher:
ISBN:
Category : Legal aid
Languages : en
Pages : 176

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Book Description

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: United States. Congress. House. Committee on the Judiciary
Publisher:
ISBN:
Category : Legal aid
Languages : en
Pages : 224

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Author: Kelly Stephen Searl
Publisher:
ISBN:
Category : Court rules
Languages : en
Pages : 520

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Author: Helen A. Anderson
Publisher:
ISBN:
Category :
Languages : en
Pages : 59

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Book Description
Over 30 years ago the United States Supreme Court upheld an Oregon statute that allowed sentencing courts, with a number of important procedural safeguards, to impose on indigent criminal defendants the obligation to repay the cost of their court appointed attorneys. The practice of ordering recoupment or contribution (application fees or co-pays) of public defender attorney fees is widespread, although collection rates are unsurprisingly low. Developments since the Court's decision in Fuller v. Oregon show that not only is recoupment not cost-effective, but it too easily becomes an aspect of punishment, rather than legitimate cost-recovery. In a number of jurisdictions, defendants are ordered to repay the cost of their attorney regardless of their ability to pay and without any notice or opportunity to be heard. Many are ordered to pay as a condition of probation or parole, which means they pay under threat of incarceration. In these jurisdictions, recoupment violates the Sixth Amendment, as well as the Due Process and Equal Protection Clauses. Constitutional problems are exacerbated by the potential for ethical violations: public defenders may have conflicts of interest when they are required to both submit bills to the court and object to those bills on behalf of their clients. And too often defendants are not warned at the outset that they may be responsible for attorney fees or how those fees will be calculated. In any other context, a client is entitled under the ethical rules to a clear statement of the basis for the fee at the time the lawyer is engaged. In addition, the thirty years since Fuller have verified that recoupment is bad policy because it imposes punishing debt without real fiscal benefit. It is time to abandon practices that penalize defendants for being poor and exercising their right to counsel.

Author: Norman Lefstein
Publisher:
ISBN: 9780615543765
Category : Legal assistance to the poor
Languages : en
Pages : 292

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Book Description
For the criminal justice system to work, adequate resources must be available for police, prosecutors and public defense. This timely, incisive and important book by Professor Norman Lefstein looks carefully at one leg of the justice system's "three-legged stool"public defenseand the chronic overload of cases faced by public defenders and other lawyers who represent the indigent. Fortunately, the publication does far more than bemoan the current lack of adequate funding, staffing and other difficulties faced by public defense systems in the U.S. and offers concrete suggestions for dealing with these serious issues.

Author: United States. Congress. House. Committee on the District of Columbia. Judiciary Subcommittee
Publisher:
ISBN:
Category : Public defenders
Languages : en
Pages : 216

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Author: John Rubin
Publisher: Unc School of Government
ISBN: 9781560119128
Category :
Languages : en
Pages : 180

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Author: Allison D. Kuhns
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
In Gideon v. Wainwright, the United States Supreme Court held that the Sixth Amendment right to counsel included a right to state-provided counsel for indigent defendants. The Court did not, however, define what “indigent” means. As a result, states have adopted varying definitions of indigent, many of them factoring in a defendant's ability to post bond. The inclusion of the defendant's ability to post bond in the definition of indigent often imposes an impossible choice on defendants: post bond and lose your court-appointed attorney or stay in jail and keep your attorney. Not only does the application of this standard vary from state to state, it is often applied differently within the same state. Ideally, states should revise indigency statutes to remove the ability to post bond as a factor in determining indigency status. Short of removal, however, states can take several steps to ensure that a defendant's choice to stay in jail does not disqualify them from keeping a court-appointed attorney, namely standardizing the application of indigency definitions through an independent, state-wide indigency commission, and excluding bond payments made by persons other than the individual defendant.