February 26, 2004

Montgomery, AL-  At a day-long symposium here today, The Alabama Appleseed Center for Law & Justice joined with the President of the Alabama State Bar and others calling for major reform to the indigent defense system in Alabama.  Citing numerous shortcomings with the present quality and access to legal services for low-income defendants, Alabama Appleseed noted that "Alabama's indigent defense system needs fixing."

Today's symposium, sponsored by the Alabama State Bar and its president Bill Clark, featured a wide range of panelists and experts including trial and appellate court judges, private and public attorneys, legislators, and experts from Georgia, Texas, and North Carolina.  Alabama Appleseed executive director John Pickens and Texas Appleseed executive director Annette Lovoi both were panelists.

In summer of 2003, Alabama Appleseed evaluated four judicial circuits in the state that use one of three recognized representation service models called the contract defender system.  This is where private attorneys are hired for a set monthly dollar amount.  These attorneys then handle all indigent cases, regardless of volume.  They are also permitted to maintain their private practices as well.

"After seeing the results of our case file evaluation and courtroom observations, I am greatly concerned," said Pickens.  "The indigent criminally accused are not being provided adequate and effective representation as guaranteed and mandated by both the United States and Alabama Constitutions.  The contract defenders system is not working in Alabama."

Pickens reported that out of 1585 completed criminal cases reviewed by Alabama Appleseed, 82 percent ended up with guilty pleas; only 53 cases went to jury trials; 40 percent of those who pleaded guilty received prison time; and a majority of defendants placed on probation were given exorbitant fines and assessments.

"When you consider the fact that the very people receiving these excessive fines are already indigent, the opportunity for them to pull themselves out of a hole decreases exponentially," said Pickens.  "It's a no-win situation."

Alabama's current indigent defense system is a de-centralized, fragmented system controlled by circuit court judges within the state's 41 judicial circuits.  There is no statewide authority to oversee or supervise the delivery of indigent defense services, and there are no guidelines or training for attorneys handling these types of cases.  In addition to the contract defenders system which covers ten judicial circuits, there are four circuits which use a full-time public defender, one circuit which has a part-time public defender, and 26 circuits which use an appointment system.  The latter is a system whereby private attorneys place their names on an appointment list and are periodically asked to represent indigent defendants.

Alabama Appleseed supports the creation of a state Indigent Defense Commission with staff capable of designing and implementing an appropriate indigent defense system for each of the 41 circuits in Alabama.  The goal would be to ensure the delivery of uniform indigent defense representation throughout the state.  Alabama Appleseed noted that Alabama currently spends $40 million annually on indigent defense.  The organization believes that the Indigent Defense Commission could be established within this financial framework without significant, if any, additional funding.

"Through the combined efforts of committed advocacy organizations, judges, district attorneys, sheriffs, and the private and state bars, we were able to forge the necessary alliances to bring about reform," said Texas Appleseed's Lovoi.  Texas currently has in place its Indigent Defense Task Force which has oversight and supervisory responsibilities for indigent defense in the state.  The Task Force also promulgates and implements guidelines and standards that apply both to the individual indigent defense systems in the counties and to the individual attorneys handling indigent criminal cases.  "We've proven in Texas that you can provide effective legal representation to all in Texas, regardless of financial standing.  You can do this in Alabama."

"Today's forum is a step in the right direction, and Bar President Bill Clark should be commended for his attention to this issue,"  said Pickens.  "Alabama is not the only state in which this is a serious issue.  But we as proud Alabamians should take the lead and show other states how a state acting responsibly can respond to and fix a clear violation of its citizens' rights."

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