Hard Times and the Right to Counsel

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Forty-five years after the Supreme Court’s landmark ruling established a defendant’s constitutional right to counsel in state criminal proceedings, that crucial right is hanging by a tattered thread.

Public defenders’ offices always have been underfinanced and overburdened. With state revenues in free fall, the problem is reaching crisis proportions and creating a legal and moral challenge for the criminal justice system, state legislatures and the legal profession.

Statewide public defenders in Kentucky and Minnesota and in cities such as Miami and Atlanta have been forced by budget cuts to fire or furlough lawyers. In at least seven states, public defenders’ offices are refusing to take on new cases or have sued to limit them. They argue that budget cuts and rising case loads undermine their ability to provide adequate representation.

In a disturbing example of legal triage, a Florida judge ruled in September that the public defenders’ office in Miami-Dade County could refuse to represent many poor defendants arrested on lesser felony charges so that its lawyers could provide a better defense for other clients. Behind the ruling were some chastening statistics: Over the past three years, the average number of felony cases handled by each lawyer rose from 367 annually to nearly 500. Misdemeanor case loads rose from 1,380 to 2,225.

http://www.nytimes.com/2008/11/21/opinion/21fri2.html?th&emc=th