DeWolfe v. Richmond

• Right to Counsel at initial appearance

• Suit filed 2006 • Class action • Constitutional (state

and federal) right • Statutory right • Pretrial detention

reform

2012 Decision

• Indigent Defendants are entitled under the Public Defender Act to Public Defender Representation at the initial appearance before a Commissioner

• Applies to judicial bail reviews as well

Richmond I Legislation • Caseloads exceed

caseload standards • Every jurisdiction in

District Court • Some jurisdictions the

caseloads are double caseload standards

• Cannot comply with Richmond using current attorney and support staff

Richmond I Decision • 24 Hours per day • 7 Days per week • Including holidays • Approximately 177,000

hearings per year • 3 shifts per day/ 500,000

hours • Courthouses, Jails,

Police Stations • Over 40 locations

Legislation Richmond I

• 1. Fund the Public Defender’s implementation plan?

• $28m to $32m

Richmond I Legislation

• Or: • 2. Amend the statute

to remove the right to counsel at initial appearances

Legislation Richmond I • Amended the

Statute • No right to counsel

at Commissioner hearing

• Right to Counsel at Judicial bail reviews

• $6m 35 attorneys statewide

Richmond I Bail Reviews

• 35 Locations • 5 days per week • 85,000 hearings • Statewide • 35 lawyers and 35

intake workers hired

Richmond II Decision

• September 2013 • Right to Counsel at

Initial Appearances under the Maryland Declaration of Rights

• Rules were established

• Funding???

Richmond II Legislation

• Constitutional

Amendment? • Fund the Public

Defender? • Give an unfunded

mandate to the judiciary?

Appointed Attorney Program

• District Court of Maryland Appointed Attorneys Program

• Delays in presentment

• Waiver of Counsel

Richmond II Policy

• Task Force • Governor’s

Commission • Recommendations to

implement (or avoid implementation) of the Right to Counsel at Initial Appearances

Bail Reform

• Validated Risk

Assessment • Statewide Pretrial

Services Unit • Abolish or reduce

dependants on Money Bail

Bail Reform

• 88-90% are pretrial • 27% classified as low

risk • Bail amounts have

increased in the last several years

• $165 per day to detain • $16 per day to

supervise

Bail Reform

• Political Opposition • Bail Bond Industry • Judiciary may be

opposed to change • Legislature • Budget- low cost

alternative to indigent defense

Bail Reform

• Reduce Pretrial jail

population • Excessive bail leads

to increased jail times • More guilty pleas • Overcrowded jails

Richmond Aftermath • Will the Public Defender

be funded to implement this right to counsel case?

• Will the appointed attorney program be permanently adopted?

• Alternative indigent defense program

Litigation, Legislation, Budget

• Litigation may lead to a favorable judgment

• Legislature has the power of the purse

• Budget battles get fierce when scarce resources are fought over