NACDL advocated for the passage of legislation to streamline the assignment of appellate counsel for indigent defendants appealing their convictions.

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.

NACDL President Chris Adams' letter to the New York state legislature regarding proposals to truly implement review of excessive sentences, suppression rulings, and streamlining the assignment of counsel in appeals as outlined in A5687/S1280, A5688/S1281, and A5689/S1279, respectively (2021).

Concerns with Revisions to the Military Commissions Act of 2006 in the Senate-Passed Version of the National Defense Authorization Act of 2009 … The undersigned organizations want to make clear both our opposition to resuming the use of military commissions to try terrorism suspects, and our concern with numerous provisions in the amendment to the MCA that we strongly urge you to consider. … military commissions would still be incapable of delivering on the twin goals of any effective judicial system: ensuring that justice is fair, and ensuring that justice is swift.

Comments to the Judicial Conference of the United States Practice & Procedure Committee regarding a proposed amendment to define how federal courts should navigate an emergency suspension of rules (new Criminal Rule 62), such as those posed by COVID-19 and directed by the CARES Act (H.R. 748, 2020).

Ten Principles of a Public Defense Delivery System, Standing Committee On Legal Aid And Indigent Defense, American Bar Association, February 2002

The Right to Counsel in State Courts

This 50-state Survey of Right to Counsel Standards documents how states decide when a qualifying individual charged with criminal wrongdoing is entitled to receive appointed counsel. Some states only appoint counsel in cases of actual incarceration following conviction, while others mandate appointed counsel based solely on the fact that a defendant has been charged with a crime. Other states fall between these standards and appoint counsel when a sentence of incarceration is authorized or likely to be imposed following conviction. [Released October 2016]

This 50-State Survey of Financial Eligibility Guidelines for Assigned Counsel documents how states decide who is “too poor” to hire a lawyer. The survey looks at how states define “indigency” and whether or not that definition is consistent with ABA standards for providing defense services. It identifies which states rely on the Federal Poverty Guidelines when determining eligibility for assigned counsel, and explains the origin of the Federal Poverty Guidelines and how they cannot accurately predict who is “too poor” to hire a lawyer. [Released March 2014]

This report documents the unreasonably low rates of compensation paid to private attorneys who represent indigent defendants in state courts. The lack of adequate funding restricts the pool of attorneys willing to represent indigent defendants and creates conflicts of interest for attorneys by encouraging them to limit the amount of work they perform on a case for an indigent client. [Released March 2013]

Nonparty Brief of National Association of Criminal Defense Lawyers.

Argument: NACDL’s amicus brief argues that lengthy delays in the appointment of counsel unconstitutionally prejudice the accused’s ability to mount a defense.  Failing to appoint counsel promptly hinders opportunities for pretrial release.  Delaying the appointment of counsel prevents early investigation and evidence gathering.  Failing to appoint counsel promptly also delays critical counseling and negotiations. 

Coalition letter to the chairs of the Virginia State Crime Commission regarding the need to implement statewide counsel at first appearance and support public defense systems to ensure its effectiveness.

NACDL letter to the Virginia State Crime Commission regarding the need to implement statewide counsel at first appearance and support public defense systems to ensure its effectiveness.

Facing Imprisonment in Tribal Courts

An indigent Native American who is charged in tribal court, facing a year in jail, with all the consequences of confinement — loss of employment, etc. — is not entitled to appointed counsel, only counsel at his or her own expense if the possible punishment is a year or less. Tova Indritz argues that there should be a right to appointed counsel for any indigent person facing imprisonment anywhere in the United States, including in tribal courts.

NACDL President Chris Adams’ comments to Attorney General Merrick Garland regarding the need for public defenders and appointed counsel for people facing incarceration in tribal courts, for consideration by the Legal Aid Interagency Roundtable.

NACDL President Lisa Wayne's comments to the Department of Justice Office of Legal Policy regarding a proposed rule that would allow states to limit federal review of capital post-conviction cases.