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    Gideon at 50, Part II - Redefining Indigence: Financial Eligibility Guidelines for Assigned Counsel

    Creator
    National Association of Criminal Defense Lawyers (NACDL)
    Bibliographic Citation
    Gideon at 50, Part II: Redefining Indigence: Financial Eligibility Guidelines for Assigned Counsel. Report by the National Association of Criminal Defense Lawyers (NACDL). Washington, D.C.: NACDL, 2013. Retrieved at: http://perma.cc/5DWR-WWEG
    Abstract
    This 50-State Survey of Financial Eligibility Guidelines for Assigned Counsel documents how states decide who is “too poor” to hire a lawyer. The survey looks at how states define “indigency” and whether or not that definition is consistent with ABA standards for providing defense services. It identifies which states rely on the Federal Poverty Guidelines when determining eligibility for assigned counsel, and explains the origin of the Federal Poverty Guidelines and how they cannot accurately predict who is “too poor” to hire a lawyer. The survey then looks at the fees and costs imposed on supposedly indigent defendants who are assigned counsel. These include application fees, payable at the time a request for counsel is made, and reimbursement fees, payable at the conclusion of the case or over time. The report concludes that in adopting unduly restrictive eligibility criteria and other policies, too many states have been able to ignore the central premise of Gideon that “lawyers in criminal courts are luxuries, not necessities.”
    Description
    1 online resource (44 pages)
    Permanent Link
    Permalink to abstract in DG: http://hdl.handle.net/10822/761421
    Date
    2013-03
    Rights
    Author.
    Subject
    Criminal Justice--Administration of; Gideon v. Wainwright 372 U.S. 335 (1963) ;; Legal assistance to the poor--United States; Public defenders;
    Type
    Record (document)
    Publisher
    NACDL
    Collections
    • Equal Justice Reports and Proceedings (Gray Literature collection)
    Metadata
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      Gideon at 50 Part I - Rationing Justice: The Underfunding of Assigned Counsel Systems 

      National Association of Criminal Defense Lawyers (NACDL) (National Association of Criminal Defense Lawyers (NACDL), 2013-03)
      This report documents the unreasonably low rates of compensation paid to private attorneys who represent indigent defendants in state courts. The lack of adequate funding restricts the pool of attorneys willing to represent ...
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    Georgetown University Seal
    ©2023 Georgetown Law Library
    111 G. Street, N.W. Washington, DC 20001
    202.662.9131
    https://www.law.georgetown.edu/library/