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Defense Systems
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According to the latest Bureau of Justice Statistics survey, 27 states pick up all or most of the tab for public defense at the trial level (more fund appellate sections, and all but a handful pay for capital offense trials -- but that constitutes less than 1 percent of felony convictions). The other 23 states fund indigent defense at the local level, or with some mix of state funds. Some use Contract attorneys, others have local Public defenders, and a few still rely heavily on help from the local bar. |
| State |
Primary Funding Source |
State Commission |
Primary Type of Lawyers |
| Alabama |
Court fees |
No |
Contract and assigned |
| Arizona |
County |
No |
Public defenders, contract, and assigned |
| California |
County |
Yes |
Public defenders and Contract |
| Georgia |
County |
Yes |
Public defenders, contract, and assigned |
| Idaho |
County |
No |
Public defenders, contract, and assigned |
| IlliNois |
County |
Yes |
Public defenders, contract, and assigned |
| Indiana |
County and state |
Yes |
Public defenders, contract, and assigned |
| Kansas |
County and state |
Yes |
Public defenders and Contract |
| Louisiana |
Parish |
Yes |
Public defenders and Contract |
| Michigan |
County |
No |
Public defenders, contract, and assigned |
| Mississippi |
County |
No |
Contract and assigned |
| Montana |
County |
Yes |
Public defenders, contract, and assigned |
| Nebraska |
County |
Yes |
Public defenders, contract, and assigned |
| Nevada |
County |
No |
Public defenders, contract, and assigned |
| New York |
County |
No |
Public defenders, contract, and assigned |
| Ohio |
County and state |
Yes |
Public defenders |
| Oklahoma |
County and state |
Yes |
Public defenders and Contract |
| Pennsylvania |
County |
No |
Public defenders |
| South Carolina |
County and state |
Yes |
Public defenders |
| South Dakota |
County |
No |
Contract and assigned |
| Texas |
County |
Yes |
Contract and assigned |
| Utah |
County |
No |
Contract |
| Washington |
County |
Yes |
Public defenders, contract, and assigned |
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Sources: U.S. Department of Justice, Bureau of Justice Statistics; The Spangenberg Group |
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| (The American Lawyer, March 2003) |
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