HD13 - Report on Indigency Standards: Determining Eligibility for Court-Appointed Counsel Services in Virginia
Executive Summary: During the past three years, considerable attention has been focused by the legislature, the judiciary, and the Bar on the issue of funding for indigent defense services in Virginia. Within the state, questions have been raised both about the effectiveness of the court-appointed counsel system and the equity of the current fee structure for those representing indigents. However, the attention by the General Assembly has been directed primarily on the need to contain what are perceived to be spiraling increases in costs for these services. In fiscal year 1983, expenditures for court-appointed counsel reached $8,117,254, almost doubling those paid five years ago. Within the past 14 years, expenses have risen an average of 17 percent a year, an overall rise of 646 percent. A number of cost-containment measures have been considered and/or adopted in response. Since 1980, the General Assembly has requested a yearly report from the Supreme Court on efforts being made to contain costs within the criminal fund; the largest category within that fund being court-appointed attorneys fees and expenses. The feasibility of expanding the public defender system into additional circuits as an alternative to the present court-appointed counsel system also has been examined. During its 1983 Session, the legislature reduced fees for attorneys representing indigents by four percent and prohibited payments of more than one fee for attorneys representing defendants on multiple charges arising out of the same offense. Also crucial to the funding issue is the manner in which the courts determine the eligibility of an accused for court-appointed counsel. While general criteria are provided by statute and through the 1983 Appropriations Act, there are, at present no specific indigency standards in Virginia similar to those implemented in several other states. Thus, the 1983 General Assembly enacted House Joint Resolution #76 directing the Supreme Court of Virginia to establish a committee to study the advisability of developing such standards for use by all courts in determining whether or not a defendant charged with a criminal offense is entitled to legal representation at public expense. In addition, the Supreme Court was directed through the Appropriations Act to examine the need to modify existing financial criteria for the determination of indigency. |
Menu
Published Documents
