Juvenile Indigent Defense Delivery and Oversight Systems

National Juvenile Defender Center

October 2015
Each of the 50 states have chosen how to implement the Fourteenth Amendments guarantee of effective counsel for youth in
delinquency proceedings.1 This chart provides an overview of states juvenile indigent defense delivery systems and centralized
oversight bodies. For statutory citations and more information relevant to juvenile indigent defense, please visit the State Profiles on
the National Juvenile Defender Centers website, available at http://njdc.info/practice-policy-resources/state-profiles/.
Indigent Defense Delivery Systems:
For purposes of this overview, a statewide system is defined as one in which juvenile indigent defense is largely controlled,
funded, trained, and supervised by a statewide public defender. Applying this definition, twenty-one states, including the District of
Columbia, have statewide juvenile indigent defense systems.2
Nineteen of the twenty-one statewide defender systems are fully state funded, meaning that the state pays for 100% of the
provision of indigent defense services. The remaining two states are mostly state funded, meaning that the state pays for over half, but
not the full amount of delivering indigent defense services.3
Four of the states with a statewide defender system also have a statewide juvenile division or unit dedicated to the provision of
juvenile defense services, separate from the provision of adult defense services.4
Six of the states with a statewide defender system also have a statewide conflict office that handles cases in which the primary
defenders office has a conflict of interest.5 Thirteen additional states, though they do not have a separate statewide conflict office,
have systems in place, often through a statewide body, to appoint and/or contract with conflict attorneys.6 As an example, Wisconsin
does not have a statewide office for alternate representation; however, the State Public Defender Office is responsible for appointing
and overseeing conflict counsel. Seven of these thirteen states have a statewide indigent defense system.7 The remaining six states
operate under a localized model of providing indigent juvenile defense, but a separate statewide body is responsible for contracting out
conflict cases. Elsewhere, conflict cases are usually handled by court-assigned counsel.
1

In re Gault, 387 U.S. 1, 36 (1967).

The states with a statewide juvenile indigent defense delivery system are: Alaska, Arkansas, Colorado, Connecticut, Delaware, DC, Hawaii, Iowa, Kentucky,
Maryland, Massachusetts, Missouri, Montana, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Wisconsin, and Wyoming.
3
The two states with statewide systems that are mostly state funded are Kentucky and Wyoming.
4
The four states with a statewide juvenile division or unit are: Iowa, Massachusetts, New Jersey, and Rhode Island.
5
The states with a statewide alternate system for conflict cases are: Alaska, Arkansas, Colorado, Delaware, Montana, and New Mexico.
6
The states with a system in place to contract with conflict attorneys are: Connecticut, Florida, Georgia, Iowa, Missouri, Nevada, New Hampshire, New Jersey,
North Dakota, Oklahoma, South Carolina, Vermont, and Wisconsin.
7
The seven states are: Connecticut, Iowa, Missouri, New Hampshire, New Jersey, Vermont, and Wisconsin.
2

Twenty-nine states, including the District of Columbia have statewide appellate offices, where indigent juvenile appellate
representation is provided by a statewide office.8 With the exception of eleven states,9 the states with a statewide appellate office also
have a statewide system of delivering juvenile indigent defense services.
The localized system category includes states where the primary responsibility for providing indigent defense services rests
with county governments or with judicial circuits comprised of county groups. Counties or judicial circuits are typically empowered
by statute to choose among different models of defense service delivery: public defender, assigned counsel, or contract attorney. In
most systems of this kind, counties are responsible for funding indigent defense. However, there are several states that fully or largely
fund juvenile indigent defense, but are classified here as localized systems because they do not meet the definition of statewide
systems as described above.10 Among the states with localized systems, there are nineteen states that have at least one county with a
separate juvenile unit or division.11
State Oversight Bodies
The trend among states is toward increased centralized oversight of indigent defense, including delinquency representation.
Eighteen states, with or without statewide defender systems, have an oversight body in some branch of state government that fully
supervises the delivery of juvenile indigent defense services.12 For purposes of this overview, full oversight is defined as the power to
hire (or appoint) and/or fire (either for cause or at will) the chief public defender who delivers defense services. Usually, a full
oversight body is associated with a statewide defender system, but there are exceptions.13
An additional seventeen states have bodies that provide partial or advisory oversight.14 Partial oversight describes bodies that
are merely advisory or standard-setting, or any centralized organization that lacks the power to hire, dismiss, or otherwise control the
performance of the defenders. There is wide variation in the powers and duties of these bodies, summarized in the farthest right
8

The states with statewide appellate offices are: Alaska, Colorado, Connecticut, Delaware, DC, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Maryland,
Michigan, Minnesota, Mississippi, Missouri, Montana, New Hampshire, New Jersey, New Mexico, Ohio, Oklahoma, Rhode Island, South Carolina, Vermont,
Washington, West Virginia, Wisconsin, and Wyoming. While the listed states have statewide appellate offices, there is a lack of clarity as to the extent in which
the offices handle juvenile appeals.
9
The eleven states with a statewide appellate system, but without a statewide juvenile defender system are: Georgia, Illinois, Indiana, Michigan, Minnesota,
Mississippi, Ohio, Oklahoma, South Carolina, Washington, and West Virginia.
10
The states that are mostly or fully state-funded, but classified as a non-statewide defender system are: Alabama, Florida, Maine, Minnesota, New York, North
Carolina, North Dakota, Oklahoma, South Carolina, Tennessee, Virginia, and West Virginia.
11
The nineteen states that have at least one county with a separate juvenile unit or division are: Alaska, Arizona, California, Connecticut, Georgia, Idaho, Illinois,
Indiana, Kansas, Louisiana, Nevada, New Mexico, New York, Oklahoma, Pennsylvania, Tennessee, Texas, Utah, and Washington.
12
The states with full oversight bodies: Arkansas, Colorado, Connecticut, DC, Hawaii, Kansas, Maryland, Minnesota, Missouri, Montana, New Hampshire, New
Mexico, North Dakota, Oklahoma, Oregon, South Carolina, Virginia, and Wisconsin.
13
The following six states have a full oversight body, but do not have a statewide defender system: Kansas, Minnesota, North Dakota, Oklahoma, South
Carolina, and Virginia.
14
The states that provide partial or advisory oversight are: Delaware, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Massachusetts, Michigan,
Nebraska, North Carolina, Ohio, Tennessee, Texas, Washington, and West Virginia.

column of the table. While some oversight groups are merely advisory, others promulgate standards that are mandatory or are
associated with substantial financial incentives.
Sixteen states, with or without a statewide defender system, have not established bodies to supervise the delivery of indigent
defense.15 Eleven of these states also do not have a statewide defender system.16 In these states, counties or other lower-level
jurisdictions are expected to assure the quality of juvenile indigent defense, in addition to providing services. Moreover, of the twentyone jurisdictions that do have a statewide defender system, five states have no separate oversight institution.17 In these states, indigent
defense delivery is generally supervised by the chief defender.

15

The states that have not established bodies to supervise indigent defense delivery are: Alabama, Alaska, Arizona, California, Florida, Idaho, Mississippi,
Nevada, New Jersey, New York, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, and Wyoming.
16
The states without a supervisory body and a statewide defender system are: Alabama, Arizona, California, Florida, Idaho, Mississippi, Nevada, New York,
Pennsylvania, South Dakota, and Utah.
17
The states that have a statewide defender system, but lack an oversight body are: Alaska, New Jersey, Rhode Island, Vermont, and Wyoming.

Juvenile Indigent Defense Delivery and Oversight Systems

National Juvenile Defender Center
Current through October 2015

State

Alabama

Alaska
Arizona

Funding
(State vs.
Local)

State
Funded
State
Funded
Locally
Funded

Arkansas

State
Funded

California

Mostly
Locally
Funded

Colorado

Connecticut

Delaware

State
Funded

State
Funded

State
Funded

Adjudication
Representation
Localized Statewide
System
System

Juvenile
Unit or
Division

Statewide
Appellate
Office

Statewide
Conflict
Office

State Oversight Body for

Powers & Duties of Oversight
Primary Defense Delivery
Body
System
Full
Partial
No
Oversight Oversight Oversight

X
X

Some
Counties*
Some
Counties*

X*

Some
Counties*

No oversight body

No oversight body

No oversight body

**

*While Alabama does not have an oversight body, the

Office of Indigent Defense Services (a division of the
Department of Finance) determines the structure and
billing of indigent defense based on each county's needs.
*There are dedicated juvenile offices in cities, but not in
rural areas.
*There are dedicated juvenile offices in Maricopa County
and Pima County.

Public Defender Commission

establishes policies, standards,
*The Public Defender Commission appoints the
and budget for the Public
executive director, who allocates, oversees, and funds
Defender system. Also,
public defenders in each judicial district.
Commission appoints and
evaluates the Executive Director.

Some
Counties*

X*

Notes

No oversight body

*Some counties, such as San Francisco, have dedicated

divisions for juvenile defense.

Five-member Public Defender

Commission oversees the state
*While there are no dedicated offices or divisions for
Public Defender and may appoint juvenile defense, some regional offices have dedicated
and discharge the state Public
juvenile defenders.
Defender for cause.

*Many districts have a dedicated juvenile unit.

Additionally, the federally-funded Juvenile PostConviction & Re-entry unit represents adjudicated
Public Defender Services
juvenile clients who have been committed.
Commission appoints the Public **While Connecticut does not have a statewide conflict
Defender, sets compensation, and office, the Division of Public Defender Services has a
engages in policy-making.
statewide system in place where they contract with
private attorneys (on an annual basis) who serve as
Special Public Defenders when a conflict of interest
arises.

The Central Administration

provides oversight and support
for the Public Defender's Office
and develops and implements
policies, training, and budget.
The Governor appoints the Public
Defender for a 6-year term.

State

DC

Funding
(State vs.
Local)

Adjudication
Representation
Localized Statewide
System
System

Federally
Funded

Florida

Mostly
State
funded

Georgia

Mostly
Locally
Funded

Hawaii

State
Funded

Idaho

Mostly
Locally
Funded

Illinois

Mostly
Locally
Funded

Indiana

Mostly
Locally
Funded

Juvenile
Unit or
Division

Statewide
Appellate
Office

X*

State Oversight Body for

Powers & Duties of Oversight
Primary Defense Delivery
Body
System
Full
Partial
No
Oversight Oversight Oversight

All
Counties*

**

Some
Counties

Some
Counties

No oversight body

*Each of the 20 judicial circuits in FL have a Public

Defender who is elected for a term of four years.
**There is no statewide organization for conflict cases,
but there are five regional offices called "Office of
Criminal Conflict and Civil Regional Counsel" that
handle conflict representation.

GA Public Defender Standards

Council supervises the public
defender offices and sets
mandatory standards.

*GA law requires that each circuit defender must

establish a juvenile division. Ga. Code Ann. 17-12-23(c)
**Though there is no separate office for conflict
representation, the Standards Council received funding to
coordinate conflict attorneys statewide (following a
lawsuit in 2013 regarding the lack of conflict providers).

Defender Council appoints the

state Public Defender and serves
as the governing body of the
Public Defender Office.

Some
Counties*

Notes

Congress and the Board of

Trustees provides oversight, sets
budget, establishes general
policy, and appoints the Director
and Deputy Director.

**

Statewide
Conflict
Office

No oversight body

Board of Commissioners
approves the budget,
recommends policies for
operation, and may recommend
dismissal of the State Appellate
Defender.

Public Defender Commission

sets standards and is authorized
to reimburse counties that meet
the standards for up to 40% of
defense costs.

*Counties are empowered to establish specialized

juvenile public defender offices. Id. Code 19-860 (if a
county chooses to establish a juvenile defense office, then
the county shall appoint a juvenile public defender and
establish, maintain, and support the office). Some
counties, such as Cassia County, have created specialized
offices.

State

Iowa

Funding
(State vs.
Local)

Adjudication
Representation
Localized Statewide
System
System

State
Funded*

Kansas

Locally
Funded*

Kentucky

Mostly
State
Funded

Louisiana

Mostly
Locally
Funded

Maine

State
Funded

Maryland

State
Funded

Massachusetts

State
Funded

Juvenile
Unit or
Division

Statewide**

Statewide
Appellate
Office

Some
Counties

Statewide
Conflict
Office

State Oversight Body for

Powers & Duties of Oversight
Primary Defense Delivery
Body
System
Full
Partial
No
Oversight Oversight Oversight

***

Some
Counties*

X*

Statewide

Notes

Indigent Defense Advisory

Commission advises the
legislature and state public
defender on hourly rates for
assigned counsel and case
limitations.

*System is state funded, but counties are responsible for

paying a portion of juvenile court expenses.
**There are three regional juvenile offices (in Des
Moines, Waterloo, and Sioux City) that handle all
juvenile cases.
***While there is no separate statewide conflict provider,
the State Public Defender Office administers contracts
with private and nonprofit attorneys who take on conflict
cases and other cases that the office is unable to handle.
The office pays the contract from the Indigent Defense
Fund, which it administers.

Nine-member board appointed by

the Governor and confirmed by
the Senate appoints the Director
and public defenders, conducts
training, and provides technical
assistance.

*Kansas funds statewide indigent defense work through

the State Board of Indigents' Defense Services, but state
funds are limited to felony trials and subsequent appeals;
counties remain wholly responsible for misdemeanor and
juvenile cases.

Public Advocacy Commission

recommends appointment or
removal of the state public
defender to the Governor and sets
standards for indigent defense.

*While there is no dedicated juvenile division at the trial

level, there is a statewide specialized Juvenile PostDisposition Unit within the Kentucky Department of
Public Advocacy.

LA Public Defender Board

administers the Public Defender
Fund, offers training and support,
and supervises public defender
systems.
Maine Commission on Indigent
Legal Services sets standards for
delivery of indigent services, sets
qualifications for counsel, and
authorizes payment for assigned
counsel.
Board of Trustees appoints
Public Defender, advises Public
Defender on operations, and
reviews administration of the
Public Defender System.
Committee for Public Counsel
Services develops training and
performance standards.

*LA Public Defender Board contracts with the LA Center

for Children's Rights (LCCR), an independent non-profit
to provide juvenile defense in Orleans Parish.

*While there is no dedicated juvenile division at the trial

level, there is a specialized statewide division that
monitors the conditions of confinement of all committed
juvenile clients called the Juvenile Protection Division.
*The Youth Advocacy Division, established by the
Committee for Public Counsel Services, is a statewide
agency that assigns qualified private counsel to juvenile
indigent cases and appeals. The bulk of representation is
handled by assigned counsel under partial state oversight.

State

Michigan

Funding
(State vs.
Local)

Mostly
Locally
Funded

Minnesota

State
Funded

Mississippi

Mostly
Locally
Funded

Missouri

Montana

Nebraska

Adjudication
Representation
Localized Statewide
System
System

Mostly
Locally
Funded*

State Oversight Body for

Powers & Duties of Oversight
Primary Defense Delivery
Body
System
Full
Partial
No
Oversight Oversight Oversight

X*

*Michigan's State Appellate Defender Office takes on

approximately 25% of statewide appeals for adults and
juveniles and provides resources for the defense bar to
accommodate remaining appeals.

An ad-hoc State Board of Public

Defense appoints the Chief
Public Defender in each judicial
district, approves and
recommends the budget to the
legislature, and establishes
standards and policies.

*While the State Board of Public Defense funds and

appoints a Chief Public Defender in each judicial district,
the delivery of juvenile defense services is coordinated at
the district level.

No oversight body

*The Office of State Public Defender has an Indigent

Appeals Division that is required to take appeals for
indigent persons convicted of felonies. The office may
also represent indigent juveniles adjudicated delinquent
on appeals, at the discretion of the State Defender.

Public Defender Commission

hires the State Public Defender
Director, provides assistance,
reviews the budget, and creates
rules for the administration of the
State Public Defender System.

*The Missouri State Public Defender System has an

appeals division that takes only felony cases. In FY2014,
the appeals division took on a total of 8 juvenile appeals,
according to the fiscal report.
**While there is no separate statewide conflict office,
conflict cases are usually handled by a state defender
from a different office.

Public Defender Commission

directs and supervises the state
public defender system, appoints
the Chief Public Defender, Chief
Appellate Defender, and
Conflicts Manager, and
establishes statewide standards
and training.

**

Notes

The Michigan Indigent Defense

Commission collects data,
creates standards, and works with
counties to implement plans to
meet the standards for indigent
defense on the trial level. The
Appellate Defender Commission
provides oversight for indigent
defense appeals work.

X*

Statewide
Conflict
Office

State
Funded

Statewide
Appellate
Office

X*

X*

State
Funded

Juvenile
Unit or
Division

Commission on Public Advocacy

provides legal services and
resources to assist counties in
representing indigent defendants
and publishes nonbinding
advisory standards for indigent
defense.

*Counties are primarily responsible for all costs, but the

Commission on Public Advocacy provides property tax
relief for counties in their representation of indigent
defendants charged with 1st degree murder and serious
violent or drug-related felonies, including juvenile cases
at trial and appeal. Further, the Commission provides
assistance for counties providing indigent defense.

State

Nevada

New Hampshire

New Jersey

Funding
(State vs.
Local)

Mostly
Locally
Funded

Adjudication
Representation
Localized Statewide
System
System

X*

State
Funded

Statewide
Appellate
Office

Some
Counties

State
Funded

Juvenile
Unit or
Division

New Mexico

State
Funded

New York

State
Funded*

Some
Counties

North Carolina

State
Funded

Some
Counties

State Oversight Body for

Powers & Duties of Oversight
Primary Defense Delivery
Body
System
Full
Partial
No
Oversight Oversight Oversight

Statewide*

Statewide
Conflict
Office

**

X**

**

X***

Notes

No oversight body

*By statute, counties with over 100,000 people must set

up their own public defender's office. While there is no
statewide public defender system, Nevada has a State
Public Defender's Office, which handles conflict cases
from counties with local public defender's offices (i.e.,
counties with a population of at least 100,000 people).
The State Office also handles cases from counties with a
population of less than 100,000 people without a local
public defender's office.
**Nevada does not have an oversight body, but the
Governor appoints the Chief Defender of the State Public
Defender's Office.

Independent Board of Directors

oversees all operations, enforces
caseload and performance
standards, and reviews
accounting.

*The judicial council has contracted the provision of all

criminal right to counsel services to an independent, nonprofit organization called the New Hampshire Public
Defender (NHPD), which is entirely state funded.
**NHPD is first appointed to all juvenile defense cases.
They then have the authority to directly appoint alternate
counsel when conflicts arise.

No oversight body

*Office of Juvenile Defense Services provides a

coordinated approach for represented juveniles and
oversees the planning, policy, and training at the state
level for juvenile delinquency cases.
**While New Jersey does not have a separate statewide
conflict office, the State Public Defender is responsible
for establishing a private, court-appointed attorney
program for conflict cases.
***New Jersey does not have an oversight body, but the
Governor appoints the Public Defender.

The Public Defender

Commission appoints the Chief
Public Defender, exercises
independent oversight, and
provides guidance to the Chief.
The Commission may remove the
Chief through a hearing.

No oversight body

*NY provides partial state funding for adult criminal

defense in non-capital cases, but fully funds
representation of children in delinquency and dependency
proceedings.

Commission on Indigent Defense

Services develops standards and *Office of the Juvenile Defender trains and supports
guidelines governing indigent
juvenile defenders at the state level.
defense.

State

North Dakota

Funding
(State vs.
Local)

State
Funded

Ohio

Mostly
Locally
Funded*

Oklahoma

Mostly
State
funded

Oregon

State
Funded

Pennsylvania

Locally
Funded

Rhode Island

State
Funded

South Carolina

Mostly
State
funded

Adjudication
Representation
Localized Statewide
System
System

Juvenile
Unit or
Division

Statewide
Appellate
Office

Statewide
Conflict
Office

**

Some
Counties

*Though there is no statewide conflict provider, CLCI

contracts with private attorneys to provide conflict
representation.

The Ohio Public Defender

Commission supervises legal
representation, sets standards,
and appoints the state public
defender.

*Ohio is county-based, but the Office of the Ohio Public

Defender reimburses counties for their appointed counsel
costs (up to 50% of allowable total cost). Reimbursement
rates fluctuate every year between 30-50%.
**While there is no dedicated juvenile division at the trial
level, the Juvenile Defender of the State Public Defender
handles post-conviction representation.
***The Commission oversees the State Public Defender
office, which only takes certain types of cases statewide.
Thus, the Commission is not considered as a full
oversight body, as most of the trial-level representation
occurs at the county level, which is not overseen by the
Commission.

Indigent Defense System Board

establishes policies, approves
budget, sets salary, appoints the
Executive Director, and
distributes funds for the system.

*While there is no separate statewide conflict office,

Oklahoma Indigent Defense System is responsible for
contracting with private attorneys to provide conflict
representation.

Public Defense Services

Commission governs the Office
of Public Defense Services,
appoints the Executive Director,
and sets qualification standards.

X**

Some
Counties

X
X

Statewide

**

Notes

The Commission on Legal

Counsel for Indigents (CLCI)
appoints the director, oversees
the seven full-time public
defender offices, establishes
performance standards, and
coordinates conflict contracts.

X*

State Oversight Body for

Powers & Duties of Oversight
Primary Defense Delivery
Body
System
Full
Partial
No
Oversight Oversight Oversight

No oversight body

X*

No oversight body

*The Public Defender is appointed by the Governor with

the advice and consent of the Senate for a six year term.

*Each judicial circuit has a Circuit Public Defender who

is responsible for the administration of public defender
Commission on Indigent Defense services in each of the counties within the circuit. Circuit
sets guidelines, establishes
Public Defenders are appointed to the position for fourperformance standards,
year terms by the South Carolina Commission on Indigent
distributes funding, and appoints Defense.
circuit public defenders.
**While there is no separate statewide conflict provider,
the Commission on Indigent Defense funds and appoints
conflict counsel.

State

Funding
(State vs.
Local)

South Dakota

Mostly
Locally
Funded

Tennessee

Mostly
State
funded

Adjudication
Representation
Localized Statewide
System
System

Juvenile
Unit or
Division

Texas

Mostly
Locally
Funded

Some
Counties*

Utah

Locally
Funded

Some
Counties

State
Funded

Virginia

State
Funded

Washington

Mostly
Locally
Funded

State
Funded

State Oversight Body for

Powers & Duties of Oversight
Primary Defense Delivery
Body
System
Full
Partial
No
Oversight Oversight Oversight
X

Some
Counties

West Virginia

Statewide
Conflict
Office

X*

Vermont

Statewide
Appellate
Office

X*

**

X***

*Chief public defenders are popularly elected in each

judicial district, with the exception of Shelby County
(Memphis), whose chief public defender is appointed by
the county mayor.
*Some counties, such as Travis County and Dallas
County, have a separate juvenile unit at the trial level;
however, the juvenile board in each county specifies
qualifications for juvenile defenders and procedures for
appointing counsel. Tex. Fam. Code 51.102.

No oversight body

No oversight body

*While there is no dedicated division for juvenile defense

at the trial level, the Juvenile Defender's Office (within
the Office of the Defender General) provides postdisposition representation.
**Though there is no statewide conflict office, the VT
Office of the Defender General appoints conflict
attorneys.
***Governor appoints the Defender General for a term of
four years.

Virginia Indigent Defense

Commission oversees the
certification of all courtappointed attorneys providing
criminal indigent defense
services, enforces Standards of
Practice, and directly oversees
the state public defender offices.

Some
Counties

No oversight body
Tennessee District Public
Defender Conference coordinates
training, disseminates state
funding, and provides
administrative support to all
district offices.
Texas Indigent Defense
Commission provides financial
and technical support to counties
and sets standards for which
counties must comply with for
state funds.

Notes

Office of Public Defense

provides oversight for
contractors, distributes funds, and
sets advisory standards.

Indigent Defense Commission

oversees contract attorneys and
Public Defender Corporations,
establishes standards, and sets
compensation.

*West Virginia Public Defender Services oversees and

provides all funding for court-appointed attorneys and
Public Defender Corporations (typically nonprofits that
handle indigent cases organized at the Circuit Court
level).

State

Funding
(State vs.
Local)

Adjudication
Representation
Localized Statewide
System
System

Juvenile
Unit or
Division

Statewide
Appellate
Office

Statewide
Conflict
Office

Wisconsin

State
Funded

Wyoming

Mostly
State
Funded

State Oversight Body for

Powers & Duties of Oversight
Primary Defense Delivery
Body
System
Full
Partial
No
Oversight Oversight Oversight

Notes

Public Defender Board approves

*While there is no separate conflict provider organization,
the budget, appoints the State
Wisconsin State Public Defender is responsible for
Public Defender, and sets
appointing and overseeing conflict counsel.
standards.

X*

No oversight body

*State Public Defender is appointed by the Governor.

Source: The data from this chart was mostly derived from NJDC's State Profiles (http://njdc.info/practice-policy-resources/state-profiles/). Please see attached bibliography for a more detailed list of sources used.
Definitions
Statewide System: juvenile indigent defense is largely controlled, funded, trained, and supervised by a statewide public defender.
State Funded: state pays for 100% of the provision of indigent defense services.
Mostly State Funded: state pays for over half, but not the full amount of delivering indigent defense services.
Juvenile Unit or Division: a dedicated unit or division for the provision of juvenile indigent defense services (separate from adult defense) either statewide or at the county level. (Data from 2013).
Statewide Conflict Office: statewide office that handles cases in which the primary defenders office has a conflict of interest.
Statewide Appellate Office: statewide office that provides indigent juvenile appellate representation.
Full Oversight: the power to hire (or appoint) and/or fire (either for cause or at will) the chief public defender who delivers defense services.
Partial oversight: bodies that are merely advisory or standard-setting, or any centralized organization that lacks the power to hire, dismiss, or otherwise control the performance of the defenders.

Research Methodology:
The four sources under the general bibliography were analyzed for each data point. The state specific sources were then used to
confirm the data points and fill in gaps, where necessary.
Bibliography | General
1. State Profiles, NATIONAL JUVENILE DEFENDER CENTER, http://njdc.info/practice-policy-resources/state-profiles/.
2. State Indigent Defense Systems, SIXTH AMENDMENT CENTER, http://sixthamendment.org/the-right-to-counsel/state-indigentdefense-systems/.
3. Holly R. Stevens et al., State, County and Local Expenditures for Indigent Defense Services Fiscal Year 2008, AMERICAN BAR
ASSOCIATION (2010), http://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_
def_expenditures_fy08.authcheckdam.pdf.
4. THE SPANGENBERG GROUP, STATEWIDE INDIGENT DEFENSE SYSTEMS: 2005 (2005), http://www.americanbar.org/content/
dam/aba/migrated/legalservices/downloads/sclaid/indigentdefense/statewideinddefsystems2005.authcheckdam.pdf
Bibliography | State Specific Sources
5. Alabama
o John Pilati, New System in Place for Indigent Defense, FRANKLIN FREE PRESS (Jan. 20, 2015),
http://www.franklinfreepress.net/news/details.cfm?clientid=38&id=160389#.Vd4CIiVVhHw.
6. Alaska
o Office of Public Advocacy, DEPT OF ADMIN., STATE OF ALASKA, http://doa.alaska.gov/opa/.
o Appointment of Public Attorney, ALASKA JUSTICE FORUM (2004),
http://justice.uaa.alaska.edu/forum/20/4winter2004/cs1_publicattorney.html.
7. Arizona
o Ariz. Rev. Stat. 11-588
o Fiscal Year 2015 Appropriations Report, ARIZONA CRIMINAL JUSTICE COMMISSION,
http://www.azcjc.gov/ACJC.Web/pubs/finance/FY15%20Approved%20ACJC%20Budget%20Summary.pdf.
8. Arkansas
o Keith Caviness, District Court Benchbook, ADMINISTRATIVE OFFICE OF THE COURTS,
https://courts.arkansas.gov/sites/default/files/DistrictCourtBenchbookRev2014-3.20.2014.pdf
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o Ark. Code Ann. 16-87-307

9. Colorado:
o Public Defender Commission, OFFICE OF THE STATE PUBLIC DEFENDER,
http://pdweb.coloradodefenders.us/index.php?option=com_content&view=section&layout=blog&id=46&Itemid=122
10. Connecticut
o Assigned Counsel, DIVISION OF PUBLIC DEFENDER SERVICES,
http://www.ct.gov/ocpd/cwp/view.asp?a=4087&Q=479244&ocpdNav.
o Organization and Administration, DIVISION OF PUBLIC DEFENDER SERVICES,
http://www.ct.gov/ocpd/cwp/view.asp?a=4087&q=479226.
11. Delaware
o About the Office of Defense Services, OFFICE OF DEFENSE SERVICES,
http://publicdefender.delaware.gov/aboutagency.shtml.
o OFFICE OF DEFENSE SERVICES , http://publicdefender.delaware.gov/.
o Legal Services Public Defenders Office, OFFICE OF DEFENSE SERVICES Appellate Division:
http://publicdefender.delaware.gov/services/legalservices.shtml#appeal.
12. DC
o Who We Are, THE PUBLIC DEFENDER SERVICE, http://www.pdsdc.org:8000/PDS/MissionAndHistory.aspx
13. Florida
o JUSTICE ADMINISTRATIVE COMMISSION, https://www.justiceadmin.org/.
o About the Agency, OFFICE OF CRIMINAL CONFLICT AND CIVIL REGIONAL COUNSEL, http://www.flrc2.org/History.html.
o FLORIDA PUBLIC DEFENDER ASSOCIATION, INC., http://flpda.org/
14. Georgia
o Appellate, GEORGIA PUBLIC DEFENDER COUNCIL, http://www.gpdsc.org/?page_id=57.
o Recent News, THE SPANGENBERG GROUP, http://www.spangenberggroup.com/Indigent_System_Georgia.html
o Kate Brumback, $4 Million to Fund Conflict-Free Lawyers for Poor in Georgia, ONLINE ATHENS (April 8, 2014),
http://onlineathens.com/local-news/2014-04-08/4-million-fund-conflict-free-lawyers-poor-georgia;
o Emma Witman, More Money Earmarked for Public Defenders, GAINESVILLE TIMES (April 14, 2014),
http://www.gainesvilletimes.com/archives/98206/
15. Hawaii
2

o Statement of Purpose, OFFICE OF THE PUBLIC DEFENDER, http://publicdefender.hawaii.gov/about/statement-of-purpose2/.

o Administration Division, DEPARTMENT OF THE ATTORNEY GENERAL, http://ag.hawaii.gov/about-us/divisions/#appellate.
o Council Members, OFFICE OF THE PUBLIC DEFENDER, http://publicdefender.hawaii.gov/about/council-members/.
16. Illinois
o Board of Commissioners, STATE APPELLATE DEFENDER,
https://www.illinois.gov/osad/AboutUs/commissioners/Pages/default.aspx.
17. Indiana
o Frequently Asked Questions, STATE PUBLIC DEFENDER, http://www.in.gov/judiciary/defender/2330.htm.
18. Iowa
o Iowa Indigent Defense Advisory Commission, https://coolice.legis.iowa.gov/CoolICE/default.asp?category=billinfo&service=IowaCode&ga=83&input=13B
o Contract Attorneys, OFFICE OF THE STATE PUBLIC DEFENDER, https://spd.iowa.gov/contract-attorneys.
19. Kansas
o Statutory History, STATE BOARD OF INDIGENTS DEFENSE SERVICES, http://www.sbids.org/au.html.
20. Kentucky
o Trial Division, KENTUCKY DEPARTMENT OF PUBLIC ADVOCACY, http://dpa.ky.gov/div/trial.htm.
o PUBLIC ADVOCACY COMMISSION: http://www.lrc.ky.gov/Statutes/statute.aspx?id=21213
21. Louisiana
o What We Do, LOUISIANA PUBLIC DEFENDER BOARD, http://lpdb.la.gov/About/What%20We%20Do.php.
22. Maine
o About the Commission, MAINE COMMISSION ON INDIGENT LEGAL SERVICES,
http://www.maine.gov/mcils/about/index.html.
23. Maryland
o Organizational Structure, OFFICE OF PUBLIC DEFENDER,
http://msa.maryland.gov/msa/mdmanual/25ind/html/61pubd.html.
o Board of Trustees, OFFICE OF PUBLIC DEFENDER,
http://msa.maryland.gov/msa/mdmanual/25ind/html/61pubdf.html#trustees
24. Massachusetts
o What We Do, YOUTH ADVOCACY DIVISION, https://www.publiccounsel.net/ya/.
3

o Juvenile Appeals, YOUTH ADVOCACY DIVISION, https://www.publiccounsel.net/ya/juvenile-appeals/.

o What We Do, COMMITTEE FOR PUBLIC COUNCIL SERVICES, https://www.publiccounsel.net/.
25. Michigan
o Current Operations, MICHIGAN STATE APPELLATE DEFENDER OFFICE AND CRIMINAL DEFENSE RESOURCE CENTER,
http://www.sado.org/Page/4/SADO-Current-Operations.
o Mission, MICHIGAN STATE APPELLATE DEFENDER OFFICE AND CRIMINAL DEFENSE RESOURCE CENTER,
http://www.sado.org/Page/14/Appellate-Defender-Commission-Mission-Statement
o Michigan Indigent Defense Commission, MICHIGAN.GOV, http://www.michigan.gov/snyder/0,4668,7-27757738_57679_57726-307570--,00.html.
o Act No. 93 (2013), https://www.legislature.mi.gov/documents/2013-2014/publicact/pdf/2013-PA-0093.pdf.
26. Mississippi
o History, OFFICE OF STATE PUBLIC DEFENDER: INDIGENT APPEALS DIVISION,
http://www.ospd.ms.gov/Indigent_Appeals.htm.
o Miss. Code Ann. 99-40-1 (at the discretion of State Defender, the office may also represent indigent juveniles
adjudicated delinquent on appeals).
27. Missouri
o Appellate/Post-Conviction Relief Division, MISSOURI STATE PUBLIC DEFENDER,
http://www.publicdefender.mo.gov/legal/appellate_PCR.htm.
o Fiscal Year 2014 Annual Report, STATE OF MISSOURI PUBLIC DEFENDER COMMISSION 55, 57
http://www.publicdefender.mo.gov/about/FY2014AnnualReport.pdf.
o The Commission, MISSOURI STATE PUBLIC DEFENDER, http://www.publicdefender.mo.gov/about/commission.htm.
28. Montana
o Program 1: Goals, Objectives, and Action Items, MONTANA PUBLIC DEFENDER COMMISSION,
http://publicdefender.mt.gov/forms/pdf/G&OProg1.pdf.
o Program 2: Goals, Objectives, and Action Items, MONTANA PUBLIC DEFENDER COMMISSION,
http://publicdefender.mt.gov/forms/pdf/G&OProg2.pdf.
o Program 3: Goals, Objectives, and Action Items, MONTANA PUBLIC DEFENDER COMMISSION,
http://publicdefender.mt.gov/forms/pdf/G&OProg3.pdf
o Public Defender Commission Operating Procedures, OFFICE OF THE STATE PUBLIC DEFENDER,
http://publicdefender.mt.gov/procedures.asp.
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29. Nebraska
o Welcome to the Nebraska Commission on Public Advocacy, NEBRASKA COMMISSION ON PUBLIC ADVOCACY,
http://www.ncpa.ne.gov/.
30. Nevada
o Public Defenders Office, DEPARTMENT OF HEALTH AND HUMAN SERVICES,
http://dhhs.nv.gov/Resources/PD/Public_Defender/.
31. New Hampshire
o About Us, NEW HAMPSHIRE PUBLIC DEFENDER, http://www.nhpd.org/about-us/.
o Alternate Public Defender Program, http://www.gencourt.state.nh.us/rsa/html/LIX/604-B/604-B-mrg.htm.
32. New Jersey
o Appellate, OFFICE OF THE PUBLIC DEFENDER, http://www.state.nj.us/defender/structure/appellate/.
33. New Mexico
o Contract Counsel Legal Services, LAW OFFICES OF THE PUBLIC DEFENDER: STATE OF NEW MEXICO,
http://www.lopdnm.us/contractcounsel/.
o LOPD Constitutional Amendment, LAW OFFICES OF THE PUBLIC DEFENDER: STATE OF NEW MEXICO
http://www.lopdnm.us/commission/.
34. North Dakota
o The Commission, ND COMMISSION ON LEGAL COUNSEL FOR INDIGENTS, http://www.nd.gov/indigents/commission/.
o COMMISSION ON LEGAL COUNSEL FOR INDIGENTS , http://www.legis.nd.gov/cencode/t54c61.pdf?20151102132103.
o Attorneys, ND COMMISSION ON LEGAL COUNSEL FOR INDIGENTS: http://www.nd.gov/indigents/attorney/.
35. Ohio
o About Us, OHIO PUBLIC DEFENDER, http://opd.ohio.gov/About-Us/Ohio-Public-Defender.
o Standards and Guidelines for Appointed Counsel Reimbursement, OHIO PUBLIC DEFENDER,
http://opd.ohio.gov/Portals/0/PDF/Reimbursement/rm_stnd.pdf.
o The Commission, OHIO PUBLIC DEFENDER, http://opd.ohio.gov/About-Us/The-Commission.
36. Oklahoma
o Organization, OKLAHOMA INDIGENT DEFENSE SYSTEM, http://www.ok.gov/OIDS/Organization/.
o OKLAHOMA INDIGENT DEFENSE ACT, http://www.ok.gov/OIDS/documents/Indigent%20Defense%20Act.pdf.
o Oklahoma Indigent Defense System Budget, OKLAHOMA INDIGENT DEFENSE SYSTEM,
http://www.ok.gov/OIDS/Budget/index.html.
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37. Oregon
o The Public Defense Services Commission, http://www.oregon.gov/OPDS/Pages/PDSCMain.aspx.
38. Pennsylvania
o About Department, COUNTY OF BERKS PENNSYLVANIA, http://www.co.berks.pa.us/Dept/PD/Pages/default.aspx.
o History, DEFENDER ASSOCIATION OF PHILADELPHIA, http://www.philadefender.org/history.php.
o A Constitutional Default: Services to Indigent Criminal Defendants in Pennsylvania, TASK FORCE AND ADVISORY
COMMITTEE ON SERVICES TO INDIGENT CRIMINAL DEFENDANTS,
http://jsg.legis.state.pa.us/resources/documents/ftp/publications/2011-265-Indigent%20Defense.pdf
39. Rhode Island
o Public Defender Appellate Division, RHODE ISLAND PUBLIC DEFENDER,
http://www.ripd.org/representation/organization/appellate.htm.
o Fiscal Year 2016 Budget, STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS,
http://www.budget.ri.gov/Documents/CurrentFY/BudgetVolumeIV/40_Office%20Of%20Public%20Defender.pdf
40. South Carolina
o Appellate Defense Staff, SOUTH CAROLINA COMMISSION ON INDIGENT DEFENSE, https://www.sccid.sc.gov/aboutus/staff-appellate-defense.
o About SCCID, SOUTH CAROLINA COMMISSION ON INDIGENT DEFENSE, https://www.sccid.sc.gov/about-us/overview.
o SCCID Public Defenders, SOUTH CAROLINA COMMISSION ON INDIGENT DEFENSE, https://www.sccid.sc.gov/aboutus/circuit-public-defenders.
41. Texas
o Mission, TEXAS INDIGENT DEFENSE COMMISSION, http://www.tidc.texas.gov/commission/mission.aspx.
42. Vermont:
o Appellate Division, OFFICE OF THE DEFENDER GENERAL, http://defgen.vermont.gov/staff/central/appellate-division.
o OFFICE OF DEFENDER GENERAL,
http://legislature.vermont.gov/assets/Documents/2016/WorkGroups/House%20Judiciary/Overview%20of%20Vermont
%20Justice%20System/W~Matt%20Valerio~Office%20of%20Defender%20General~1-13-2015.pdf.
43. Virginia:
o Virginia Indigent Defense Commission, VIRGINIA.GOV, http://www.indigentdefense.virginia.gov/
44. Washington
6

o Appellate Program, WASHINGTON STATE OFFICE OF PUBLIC DEFENSE,

http://www.opd.wa.gov/index.php/program/appellate.
o About OPD, WASHINGTON STATE OFFICE OF PUBLIC DEFENSE, http://www.opd.wa.gov/index.php/about-opd.
45. West Virginia:
o Appellate Division, PUBLIC DEFENDER SERVICES, http://www.pds.wv.gov/Appellate-Advocacy/Pages/default.aspx.
o About, PUBLIC DEFENDER SERVICES, http://www.pds.wv.gov/about/Pages/default.aspx.
o PUBLIC DEFENDER SERVICES, http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=29&art=21.
46. Wisconsin:
o THE WISCONSIN STATE PUBLIC DEFENDER APPELLATE DIVISION,
http://wispd.org/images/AppellateFolder/templatesforms/AppFAQ.pdf.
o History of SPD, WISCONSIN STATE PUBLIC DEFENDERS, http://wispd.org/index.php/about-the-spd/history-of-the-spd.
o Public Defender Board Meeting Information, WISCONSIN STATE PUBLIC DEFENDERS: http://wispd.org/index.php/aboutthe-spd/board-meeting-information.