The National Advisory Commission on Criminal Justice Standards and Goals, also known as the “the NAC Standards,” established workload standards for public defenders in 1972. These standards, which were not based on data or methodology, set limits on the number of cases public defenders could handle each year. However, a recent study conducted by the RAND Corp., the National Center for State Courts, and the ABA’s Standing Committee on Legal Aid and Indigent Defense has called for a significant reduction in the workload of public defenders.
According to the study, public defenders are currently overwhelmed with cases, leading to inadequate time to devote to each individual case. This issue has been a long-standing problem in the criminal justice system, with both prosecutors and defense lawyers facing heavy caseloads. The ABA Model Rules of Professional Conduct require lawyers to maintain workloads that allow them to provide competent representation and prohibit them from taking on additional clients if it would materially limit their obligations to current clients.
The new study examined 17 different studies on public defender workloads and identified 11 case types and eight activity types that lawyers encounter in the adult criminal defense world. These findings shed new light on the workload of public defenders and provide clear standards for public defense moving forward. It is essential to address this issue by providing more funding for public defender services, reducing the number of people incarcerated for non-threatening offenses, and implementing workload limits for public defenders.
In addition to these measures, Congress should pass the Equal Defense Act to ensure quality access to legal defense. States should also consider implementing five-year plans to address workload issues in public defender offices. It is crucial for the legal profession to take responsibility for this issue and work towards ensuring that all individuals have a fair chance at defending themselves in the criminal justice system. Ultimately, the goal is to create a system that keeps communities safe while also providing fair and competent legal representation for all individuals involved.
