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Assistant Appellate Defenders (AADs)
For all appellate cases disposed by AADs in FY02, the study researched the number of trial transcript
pages, calculated the number of work units for the appeal, and determined the number of hours per work
unit for that case based on the number of hours the AAD estimated they had worked on the case. An
average hours per work unit per type of appeal for AADs was then calculated.
Private Assigned Counsel
For all private counsel FY02 cases for which IDS had complete hour and cost data, the study researched
the number of trial transcript pages, the number of work units per case, and the number of hours per work
unit. An average hours per work unit per type of appeal for private counsel was then calculated.
Overall, AADs reported fewer average hours per work unit to dispose of appellate cases.
Since AADs disposed of only one Court of Appeals civil appeal in FY02, an average hourly rate cannot
be determined for this type of appellate case.
However, there is a significant discrepancy with reported AAD hours. Adding up the hours AADs spent on
cases in FY02 plus the time they spent assisting private counsel through consulting, etc. accounts for only 57%
of available AAD attorney hours.3 There are several ways these unaccounted for hours might have been spent:
1. Staff and other organizational activities
2. Under-reporting hours spent on cases
3. Under-reporting hours spent assisting private counsel
4. Work on above-average number of pending cases
5. Non-productive hours
The Appellate Defender believes the discrepancy lies in the fact that AADs underestimate the number of
hours they work on cases (and to a lesser extent supporting private counsel) for two reasons:
1. AADs were not required to keep time records in FY02. The standard practice was to dispose of a
case and then estimate time spent from memory, which is difficult to do with any real accuracy.
2. Historically there has been a tendency to under-report hours out of concern for the client.
As of FY03, the Appellate Defender is requiring AADs to keep time logs. IDS expects to have more
accurate case hours data in the future.
Given the large number of AAD attorney hours not accounted for, the current study cannot conclude with
any certainty that AADs are in fact more efficient than private counsel.
3 Total available attorney hours = 15,681. Hours reported working on cases = 7, 890. Add 1,000 hours providing support to private counsel
and a total of 8,890 hours are accounted for and 6,791 hours (43% of hours) are not accounted for.
No OAD
Appeal
Cases
No. of Work
Units
OAD Avg.
Hrs per Work
Unit
PAC Avg.
Hrs per
Work Unit
Sup Ct. Capital 10 7 3 3 5.8 39.5
Sup. Ct. Non-Capital 7 2 3 5 9.3 63.7
COA Civil 1 1 1 50.0 45.9
COA Criminal 50 1 06 4 5.0 45.4
All Case Types 68 2 04