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Previous studies have explored the effect that counsel type (publicly appointed or private) has on case outcomes, but the present study takes a new approach, looking at the effect of case type and demographics on the selection of counsel, as well as the impact of the timing of the appointment of counsel. That is, the present study asks, (1) Who selects self-represent rather than private counsel or court-appointed counsel in misdemeanor cases, and (2) When do defendants obtain counsel in the criminal case process, and does the timing affect case outcomes? Analyzing administrative data from 437 cases in two counties in the Southeastern United States, this report first shows that defendants were more likely to have court-appointed counsel when they were charged with serious misdemeanor offenses and had prior criminal histories. Second, the outcomes of court cases were significantly and negatively impacted by delays in court-appointed representation. The impact of these administrative delays skews the outcomes of court-appointed counsel to appear unfavorable compared to self-representation or private representation, leading to a cycle of defendants opting for self-representation or paying for private representation rather than requesting public defense.
This report is part of a series on misdemeanor waviers of counsel. To read more reports from this series, please visit the page linked below.
