WASHINGTON – There is a chasm between the Sixth Amendment “right to counsel” and a right to quality representation in judicial proceedings, according to the Justice Policy Institute.
The Rhode Island Public Defender’s approach, however, is a model to follow, it said in its July report “System Overload: The costs of under-resourcing public defense.”
The public defense system in the United States serves millions of people every year, it said, but many systems across the country have been in a state of “chronic crisis” for decades.
“The defender systems that people must rely on are too often completely overwhelmed; many defenders simply have too many cases, too little time and too few resources to provide quality or even adequate legal representation,” the institute said.
Under-resourced public defense systems can lead to higher rates of incarceration, it said, noting that for every $1 spent on public defense, taxpayers spend nearly $14 on corrections.
“Quality public defense systems, on the other hand, can help to reduce unnecessary incarceration, saving money and having a positive impact on people and communities,” the report said.
Seventy-three percent of county-based public defense offices lacked the required number of attorneys to meet caseload standards and 23 percent of those had less than half of the needed attorneys, it said.
The Rhode Island Public Defender uses a holistic, client-centered approach to advocacy, which the institute explained is a theory to treat the client as a whole – not simply as a criminal case – and to address the underlying causes of the justice system involvement so as to break the cycle.
Although Ocean State defenders face challenges with workload and larger criminal justice policies, the report hailed the use of social workers and its holistic approach.
The RIPD includes social workers, investigators, interpreters and a community outreach liaison as well as attorneys.
One of the office’s initiatives, the Defense Community Advocacy Program, provides early intervention, putting social workers in the courtroom during arraignment so they can help people into appropriate diversion and treatment programs, rather than being incarcerated before trial.
The program saved the state at least $23.6 million during a three-year period, the report said. “They have also seen palpable changes in community sentiment, getting significant positive feedback from clients and community members.”
