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ST MAIN STREET SUITE 400 DURHAM, N.C. 27701 COMMISSION W. JAMES PAYNE, CHAIR DAVID R. TEDDY, VICE-CHAIR ART F. BEELER JAMES P. COONEY, III BRIAN S. CROMWELL JOSEPH N. CROSSWHITE STAPLES S. HUGHES DAVID MARK HULLENDER R. CHANNING JONES DARRIN D. JORDAN LISA V. L. MENEFEE CHRISTINE MUMMA KATHERINE LEWIS PARKER MEMORANDUM To: Indigent Defense Attorneys Re: Attorney Fee and Expense Applications (Potentially Capital Cases at the Trial Level, Appeals, and Capital Post-Conviction Cases) From: Office.
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Jan FAQ
Indigent defense is generally provided in a combination of three ways: (1) public defender offices operated by the government, (2) private law firms or attorneys that contract with the government to provide representation in a certain number of cases and/or over a certain amount of time, or (3) individual private ...
The Defense Attorney Each state has its own system to provide for the defense of indigent clients. These fall into three broad categories: assigned counsel, contract systems, and public defenders.
Assigned Counsel Systems This is the most commonly used system when providing a defense counsel for a defendant.
The government is required to provide and pay for attorneys for those individuals who are unable to afford private attorneys. This is known as “indigent defense.”
The challenges facing defenders - overwhelming caseloads, lack of supervision and training, inad- equate compensation and resources and political pressure - all raise significant ethical issues for both attorneys and judges.
Indigent defense is then typically provided through one or a combination of three methods: a public defender office, an assigned counsel system, or a contract system.
In Gideon v. Wainwright, 1963, the U.S. Supreme Court ruled that counsel must be provided to indigent defendants in felony cases. This decision placed the cost for legal counsel on the government in instances where the defendant is unable to afford legal representation.
Ad hoc assigned counsel systems are those in which individual private attorneys are appointed by an individual judge to provide representation on a case-by- case basis.
Docketed Related content
Public Defense Education | UNC School of...
The School of Government collaborates with the Office of Indigent Defense Services to...
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