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Indigent Defense: Fair Representation for All
Support Increased Funding for Court-Appointed Counsel
Download this Briefing Paper <.doc>
UPDATE - Here is the latest information on budget requests
VIDC is working with its partner organizations - the Virginia Trial Lawyers Association, the Virginia Association of Criminal Defense Lawyers, the Virginia Bar Association, and the Virginia Interfaith Center for Public Policy, the National Association of Criminal Defense Lawyers and Virginia CURE – to bring about reform of Virginia’s indigent defense system.
1) Budget Amendments - Court-appointed Fee Increases
The coalition is seeking the following increase in court-appointed fees. Budget amendments for these increases will be patroned by Terry Kilgore in the House and
Fred Quayle in the Senate.
FY2007
Increase court-appointed fees across-the-board 3.8 million
FY2008
Increase court-appointed fees across-the-board $ 7.5 million
Total Requested for Court-appointed fees $11.3 million
2) HB 176 -Waiver on Caps on Court-Appointed Fees for Class II Felony Representation – Patron: Putney
The coalition is seeking a waiver on the caps for court-appointed fees for representation of felonies with a punishment of more than 20 years. This increase in fees would be provided through the removal of (current) unwaiveable caps and would allow court-appointed counsel to petition the court for increased compensation.
Fiscal Impact $ 1.4 million
Status: HB 176 was reported out of House Courts on 1/13/06 and has been sent to House Appropriations Subcommittee on Government.
The Problem:
Virginia’s indigent defense system fails to adequately protect the rights of poor people who are accused of committing crimes. An in-depth study of Virginia’s indigent defense system found that Virginia ranks 50th in the country for its compensation to court appointed counsel. Poor compensation often has the result of depriving indigent defendants of their fundamental right of fair representation.
The theme of justice runs throughout the Bible, particularly in regards to those who are poor and oppressed. Solomon articulates this theme most succinctly in his proverb, “Speak out for those who cannot speak, for the rights of all the destitute. Speak out, judge righteously, defend the rights of the poor and needy” (Proverbs 31: 8-9). People of faith are called to ensure that justice is doled out equally to all people.
Background:
Currently, court-appointed lawyers have unwaivable cap fees. This means that the court can pay them no more than the amount that is set for the particular cases they are working: for misdemeanor cases they are paid $112, for misdemeanor appeals - $158, for felonies that carry up to 20 years in prison they’re paid $428, and for felonies that carry more than 20 years in prison- $1,186. This is a per case fee, not per hour; and does not change regardless of the time and work put into the case.
According to a 2004 Commonwealth Poll, seven in ten Virginians consider it extremely important to have a fair courts and criminal justice system, 62% consider these issues to be near the top of their priorities, and a majority of Virginians believes that the amount spent on legal representation affects the quality of the representation and the outcome of the case.
The Spagenburger Report found that Virginia’s indigent system:
- has the lowest unwaivable fee caps for court-appointed counsel in the country
- fails to protect adequately the rights of indigent defendants
- fails to provide lawyers with the tools, time and incentives to provide adequate counsel
- “the deeply flawed system puts lawyers at substantial risk of violating professional rules of conduct”
There have been no significant increases in indigent defense funding in Virginia in the past decade.
The Solution:
The Virginia Interfaith Center supports significantly increasing indigent defense funding.
- Raise court-appointed fees 30%, or $16.2 million for 2007/2008 biennium
- Waive the caps on fees for representation in cases that carry more than 20 years in prison.
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