NC Office of Indigent Defense Services—July 2012
To address this endemic problem, NCSEP and the National Legal Aid & Defenders Association (NLADA)2 have partnered together on a new initiative, the Justice Standards, Evaluation and Research Initiatives (JSERI).
The NLADA is spearheading the new JSERI initiative to help expand the research capacity of the indigent defense community. Through leading by example, developing tools, resources, training, shared technology, and assisting in research projects, JSERI will work to build the capacity of indigent defense agencies across the country to conduct research and data analysis in-house.
NCIDS is one of the few indigent defense agencies in the country with a research department. For the last decade, the NCIDS Executive Director and 13-member IDS Commission have had access to research and data analysis to help inform policy decisions, allocate resources, refute rumors and inaccuracies, and advocate for adequate funding and system reform based on facts, rather than anecdotes.
As one initiative under the JSERI project, NCSEP will work with two additional indigent defense agencies or pilot sites over the next 18 months to develop the performance indicators identified in this guide in three areas—case outcomes, access to attorney, and pretrial release—and will share our results with the indigent defense community. In addition, NCSEP and the partner pilot sites will create Toolkits to help future indigent defense agencies perform similar research. The Toolkits will be designed and written for the non-researcher, walk agencies through the research steps involved with each indicator area, and provide templates, example data, and how-to instructions. NCSEP and NLADA also hope to develop training to assist indigent defense agencies in engaging in evidenced-based research. NCSEP and NLADA hope to leverage North Carolina’s evaluation model and research experience to foster similar research efforts throughout the indigent defense community. If your agency would like to join NCSEP’s listserv and receive project updates and products send an email to john.w.king@nccourts.org.
The NLADA has established a national research advisory board to facilitate and inform the work of JSERI. The national Research & Data Analysis Advisory Committee (RDA) consists of defenders, researchers, policy experts, and others wishing to support the creation of a strong foundation for indigent defense research. For more information on JSERI, visit NLADA’s website at www.NLADA.org and select Defender Resources or call the JSERI Director at 202-452-0620.
2 The National Legal Aid & Defender Association (NLADA), founded in 1911, is America’s oldest and largest nonprofit association devoted to excellence in the delivery of legal services to those who cannot afford counsel. For 100 years, NLADA has pioneered access to justice, groundbreaking legislation, and the creation of critical institutions from the Sentencing Project to the Legal Services Corporation. A leader in the development of national standards for indigent defense services, NLADA provides advocacy, training, and technical assistance to indigent defense programs across the country.
Meet Joseph: A Hypothetical Case Study of How System Evaluation Can Inform Policy
Scenario 1
Joseph T. was your typical all American kid. After high school he married his high school sweetheart and enrolled in the local community college to pursue a certificate in electrical contracting. A police investigation into several automobile break-ins on campus leads them to Joseph’s apartment. There, the officers find a car stereo system similar to ones reported missing and three tablets of Ecstasy. Joseph is charged with misdemeanor possession of stolen goods and possession of a Schedule 1 controlled substance, a Class H felony. The indigent defender assigned to Joseph’s case works out a plea bargain. If Joseph pleads guilty to the misdemeanor possession of stolen goods charge, the felony possession of a controlled substance charge would be dismissed. Joseph, at the direction of his attorney, agrees to the deal and resumes his life. Two years later, Joseph graduates from community college and goes before the Board that oversees electrical contractors to get his occupational license. At the licensing hearing, Joseph is horrified to find out that he is barred from getting his license because of the misdemeanor guilty plea. At the conclusion of the hearing, Joseph asks the poignant question, “Why didn’t anyone tell me this information before I invested all of this time and money in a field where I cannot get a job?”
Scenario 2
After the U.S. Supreme Court decision in Padilla v. Kentucky, the Indigent Defense Program (IDP) developed a searchable database that detailed the collateral consequences of criminal convictions. Recently, Joseph’s defender attended a CLE, hosted by IDP, where attorneys were taught how to use the database in their cases. During Joseph’s initial interview, the defender discovered that Joseph was in school pursuing a certificate in electrical contracting; thus, he knew the collateral consequence associated with this occupational license should be factored into Joseph’s case strategy. Joseph’s defender used the database to discover that Joseph would be barred from receiving his electrical contractor’s license if he pled guilty to a crime of moral turpitude. Interestingly enough, the defender discovered that the misdemeanor possession of stolen goods was a crime of moral turpitude, while the felony possession of controlled substance charge was not. Hence, Joseph could receive the contractor’s license if he pled guilty to the felony charge rather than the misdemeanor. After considering all the ramifications of pleading to a more serious charge, Joseph chose to preserve his career in electrical contracting. Joseph’s defender used this information to negotiate a plea agreement where Joseph pled guilty to the higher criminal charge so he could avoid the collateral sanction associated with the electrical contractor’s license. Joseph finished his education and ultimately received his electrical contractor’s license.
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