State of Iowa v. Pagliai
Issue Whether the parties in a criminal case can, by plea agreement, confer on the district court the authority to order defense counsel reimbursement fees in a dismissed case. Holding …
Counsel Fees
Paying for the Right to Counsel: National Survey Findings on the Practice of Charging Public Defense Fees to Clients
The Sixth Amendment guarantees the right to counsel, and the Supreme Court has held that the Sixth Amendment requires states to provide a lawyer if a defendant cannot afford one. …
If You Can’t Afford an Attorney, One Will Be Appointed. And You May Get a Huge Bill
Although the majority of states try to recoup counsel fees for indigent defenders, Iowa charges some of the highest fees. Even in cases where individuals are acquitted, or charges are …
Can’t Afford an Attorney? Virginia Law Tells Poor People To Pay Anyway
The U.S. Constitution requires that the government ensures people can have an attorney if accused of criminal charges that can draw jail time. In Virginia, a defendant with a very …
Gideon at 60: A Snapshot of State Public Defense Systems and Paths To System Reform
In 1963, Gideon v. Wainwright established the Sixth Amendment’s right to counsel for indigent persons charged with felonies, which would later extend to misdemeanors and delinquency proceedings in juvenile court. …
Ten Principles of A Public Defense Delivery System
In 2002, the American Bar Association (ABA) adopted ten principles for policymakers, public defense administrators, and other stakeholders to assess their jurisdictions’ compliance with best practices for providing effective indigent …
United States Department of Justice “Dear Colleague” Letter (revised and updated)
On April 20, 2023 the U.S. Department of Justice’s Civil Rights Division, Office of Justice Programs, and Office for Access to Justice revised the 2016 Dear Colleague to include an updated discussion …
Roberts Webb et al. v. City of Maplewood
On March 6, 2023, a federal judge approved a $3.25 million settlement in this class-action lawsuit brought against the City of Maplewood, Missouri. The suit alleged that the City regularly …
At What Cost? Findings from an Examination into the Imposition of Public Defense System Fees
In the United States, there is a constitutional right to counsel for defendants who cannot afford a private attorney when facing a charge where, if convicted, they may lose their …
Colorado HB21-1315: Concerning eliminating certain monetary amounts a juvenile in the justice system is required to pay.
Colorado recently passed a bill that eliminates a number of costs and fees that a juvenile and their families were previously required to pay. The bill also discharges all outstanding …