Santa Cruz County considers creating Public Defender’s office
SANTA CRUZ COUNTY, Calif. (KION) Santa Cruz County officials say they are considering creating a Public Defender's Office as they decide how to provide indigent defense services moving forward.
According to the National Institute of Justice, indigent defense means the right to representation by legal council for defendants facing charges that could result in prison time.
“The right of an indigent person facing the potential loss of liberty in a criminal proceeding to an effective lawyer is all-encompassing, for it affects their ability to assert all other trial rights,” said David Carroll, Director of the Sixth Amendment Center.
Since 1975, this type of defense has been provided by the law firm of Biggam, Christensen & Minsloff in Santa Cruz County. The contract with the law firm extends through the 2021-2022 fiscal year.
The county has been working with the Sixth Amendment Center to assess existing services and propose a framework for future services. The proposed framework will be presented at the Oct. 6 Board of Supervisors meeting.
“After 40 years, we are beginning a new chapter in legal services for our most vulnerable residents,” said Acting County Administrative Officer Nicole Coburn. “We turn this page grateful for the years of service from our contract firms, and knowing we must do our best to fulfill our obligations to criminal defendants under Gideon v. Wainwright.”
In the Gideon v. Wainwright case, the court decided that a person accused of a serious crime is entitled to the appointment of defense counsel at the state's expense.
The assessment with the Sixth Amendment Center lasted a year and was finished this month. The county said the assessment included data-driven analysis of public defender services, court services and operations, court observations, interviews with justice stakeholders. They also used data provided by public defender firms, the Superior Court and the District Attorney's Office.
Some of the findings in the analysis include a need for improved oversight and independence for indigent legal services, a need to move away from flat-fee contracts, excessive caseloads and a lack of investment in indigent defense infrastructure.
The assessment by the Sixth Amendment Center recommends establishing the office of Chief Public Defender. That position would be appointed by the Board of Supervisors and funded enough that appointees can hire staff and make sure policies are conflict-free and effective.
See the full report here.
