Board of Directors ~ 10/28/2017

Concerning Prober Public Defense Delivery Systems 

Boston
October 28, 2017

WHEREAS the National Association of Criminal Defense Lawyers’ mission is to ensure justice and due process for persons accused of crime, foster the integrity, independence, and expertise of the criminal defense profession, and promote the proper and fair administration of criminal justice, and

WHEREAS, the National Association of Criminal Defense Lawyers is dedicated to the support of quality indigent defense in state and federal courts, and

WHEREAS the National Association of Criminal Defense Lawyers is devoted to ensuring that public defense delivery systems fulfill their Sixth Amendment obligations and that lawyers providing public defense services have the training, resources, and support to do so effectively, and

WHEREAS, the American Bar Association Ten Principles of a Public Defense Delivery System include the position that “where the caseload is sufficiently high, the public defense delivery system consists of both a defender office and the active participation of the private bar,” and

WHEREAS, Gideon v. Wainwright and its progeny construe the fundamental Constitutional right to counsel to include both public defense offices as well as involvement of the private bar,

BE IT RESOLVED that the National Association of Criminal Defense Lawyers deems that where warranted by the jurisdictional population needs and caseload, a proper public defense delivery system should comprise institutional offices of full-time attorney staff as well as meaningful participation of private attorneys with equal access to training and resources necessary to provide effective criminal defense.

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