Indigent Defense Problems Around the Country

Montana

The report by The National Legal Aid & Defender Association in Washington, D.C., says the Montana system is unconstitutional in many respects, among them inadequate funding.

That results in inadequate services, particularly compared to what's available to prosecutors, the report says. It notes that in Missoula County, nine defenders are assisted by one investigator, one paralegal and three secretaries, but the prosecutor's office has the resources of police and sheriff's departments, plus three paralegals and seven secretaries.

North Dakota

There is lack of independence between indigent defense attorneys and the court system in North Dakota because typically judges negotiate contracts with attorneys.

The Legislature provides inadequate funding for the system.

The caseloads of indigent defense attorneys in North Dakota are too high.

Indigent defense attorneys are not adequately compensated.

There are administrative and quality control problems in the system.

The flat-fee contract system discourages attorneys from [working].

There is an incentive for contract attorneys to encourage clients to plead cases, instead of going to trial.

Texas

The county by county pay system is leading to some counties discussing increases in pay while others look to decrease the budget for indigent defense.