SENATE BILL: Federal Caseload Relief Act (Passed)

[Southern Senator North Carolina Yankee]

A BILL
To incentivize Regions to adopt limits on the number of cases a public defender may be assigned in any given year

Be it enacted by the Senate and the House of Representatives, in Congress assembled:

Section 1. Title

This legislation may be cited as the Federal Caseload Relief Act.

Section 2. Justification

1. In Gideon v. Wainwright 372 U.S. 335 (1963), the Supreme Court held that the 6th Amendment Right to Counsel required States/Regions to assign defense attorneys to defendants charged with serious offenses and who could not afford counsel. This constitutional holding was subsequently extended to require States/Regions to provide counsel to cases where criminal conviction could lead to imprisonment.  In Gideon, the Court held that the assignment of counsel was essential to a fair trial and a constitutional right of the accused which States/Regions can not abridge.

2. Public defense systems are critically underfunded, and therefore the case workload can be overwhelming even under the most ideal circumstances.  Most public defense offices do not have paralegals, law clerks, or full-time investigators.  Therefore, lawyers are expected to do all the work that is necessary to provide a reasonably effective defense for their clients, as required by the Constitution and affirmed by the Supreme Court.

3. A 2017 study conducted by Postlethwaite & Netterville, in conjunction with the Atlasian Bar Association, concluded that the Louisiana public defense system is currently deficient 1,406 FTE [full-time equivalent] attorneys.  Based on the results of the study and analysis presented therein, "the Louisiana public defense system currently only has capacity to handle 21 percent" of the case workload.

4a. "In 2009, the New York State Legislature passed and Governor Patterson signed into law 'case caps' for public defenders in New York City.  Through the Office of Court Administration, the Legislature supplemented NYC's indigent defense budget to effectuate an Appellate Division Rule which limited annual criminal defense attorney caseloads to 400 misdemeanors or 150 felonies, with felonies counted as 2.66 misdemeanors in mixed caseloads." [Source: nysenate.gov]

4b. "In 2015, The Center for Court Innovation released a report titled 'An Analysis of Mandatory Case Caps and Attorney Workloads', concluding that mandatory cases caps substantially improved the quality of representation in Kings County." [Source: nysenate.gov]

Section 3. Federal-Regional Strategy For Caseload Relief

1. Regions shall be authorized to develop and implement a written plan that establishes numerical caseload/workload standards for each provider of constitutionally mandated publicly funded representation in criminal cases for people who are unable to afford counsel, provided that annual individual numerical caseload/workload standards may not exceed 367 misdemeanors or 138 felonies, with each felony counting as two and sixty-six hundredths misdemeanors in mixed caseloads.

2. The Department of Justice will reimburse Regions for the costs of implementing these plans, subject to approval of the plans by its budgetary division.

Sponsor: Scott
Senate Designation: SB24:02

[Southern Senator North Carolina Yankee]

The sponsor has 24 hours to post an advocacy and all other members should post their initial comments by the end of the subsequent 48 hours.

[The world will shine with light in our nightmare]

As the bill explains, public defense is an essential feature of our justice system, but the lack of available funding (as well as an excess of people being prosecuted for minor crimes) has overwhelmed the system to the point that most of the accused, and especially those who cannot afford a private attorney, receive inadequate defense as public defenders are required to take on so many cases per year and often lack the resources and manpower that is available to those who work mostly or exclusively in private defense.

In Virginia, private defenders are also required to take on a certain number of public cases each year in order to remain on the bar.  As a person who's experienced the justice system of Virginia firsthand, let me tell you that this is a terrible way of shoring up enough lawyers as private defenders will always prioritize those who are able to pay for their services, and as a result, fast-track their public cases to the plea negotiation stage and discourage their clients from asking for a fair trial.

Simultaneously increasing funding to public defense departments while capping the number of cases lawyers take per year has proven to significantly improve the quality of public defense.  This bill as written gives Regions the incentive to adopt mandatory case caps in exchange for reimbursement.

[Southern Senator North Carolina Yankee]

I like the desire for a federal regional coordination, since naturally this mostly would require regional action to effectively address directly. Have any of the regions taken any actions on this front yet, or should we be working towards that objective once this passes (kind of like healthcare though less complex)?

[Esteemed Jimmy]

I think this bill is a good idea.

[The world will shine with light in our nightmare]

I like the desire for a federal regional coordination, since naturally this mostly would require regional action to effectively address directly. Have any of the regions taken any actions on this front yet, or should we be working towards that objective once this passes (kind of like healthcare though less complex)?

Not that I've seen, but I certainly encourage senators to lobby for these reforms in their respective region if this passes.

[At-Large Senator LouisvilleThunder]

I'm a big fan of this bill which will allow people to receive better defense in their cases.

[Southern Senator North Carolina Yankee]

So final vote time then?

[Former President tack50]

Seems like a good and simple bill for improving criminal justice

Motion for a final vote

[The world will shine with light in our nightmare]

Seems like a good and simple bill for improving criminal justice

Motion for a final vote

Second.

[Esteemed Jimmy]

Seems like a good and simple bill for improving criminal justice

Motion for a final vote

Second.

Thirded.

[At-Large Senator LouisvilleThunder]

Seems like a good and simple bill for improving criminal justice

Motion for a final vote

Second.

Thirded.

Fourthed.

[YE]

Seems like a good and simple bill for improving criminal justice

Motion for a final vote

Second.

Thirded.

Fourthed.

Fifthed.

[YE]

I like the desire for a federal regional coordination, since naturally this mostly would require regional action to effectively address directly. Have any of the regions taken any actions on this front yet, or should we be working towards that objective once this passes (kind of like healthcare though less complex)?

Not that I've seen, but I certainly encourage senators to lobby for these reforms in their respective region if this passes.

I'll try to get on that myself using my grand political power lol.

[The world will shine with light in our nightmare]

Hearing no objection, a final vote is now open.  Senators, please vote Aye, Nay, or Abstain.

A BILL
To incentivize Regions to adopt limits on the number of cases a public defender may be assigned in any given year

Be it enacted by the Senate and the House of Representatives, in Congress assembled:

Section 1. Title

This legislation may be cited as the Federal Caseload Relief Act.

Section 2. Justification

1. In Gideon v. Wainwright 372 U.S. 335 (1963), the Supreme Court held that the 6th Amendment Right to Counsel required States/Regions to assign defense attorneys to defendants charged with serious offenses and who could not afford counsel. This constitutional holding was subsequently extended to require States/Regions to provide counsel to cases where criminal conviction could lead to imprisonment.  In Gideon, the Court held that the assignment of counsel was essential to a fair trial and a constitutional right of the accused which States/Regions can not abridge.

2. Public defense systems are critically underfunded, and therefore the case workload can be overwhelming even under the most ideal circumstances.  Most public defense offices do not have paralegals, law clerks, or full-time investigators.  Therefore, lawyers are expected to do all the work that is necessary to provide a reasonably effective defense for their clients, as required by the Constitution and affirmed by the Supreme Court.

3. A 2017 study conducted by Postlethwaite & Netterville, in conjunction with the Atlasian Bar Association, concluded that the Louisiana public defense system is currently deficient 1,406 FTE [full-time equivalent] attorneys.  Based on the results of the study and analysis presented therein, "the Louisiana public defense system currently only has capacity to handle 21 percent" of the case workload.

4a. "In 2009, the New York State Legislature passed and Governor Patterson signed into law 'case caps' for public defenders in New York City.  Through the Office of Court Administration, the Legislature supplemented NYC's indigent defense budget to effectuate an Appellate Division Rule which limited annual criminal defense attorney caseloads to 400 misdemeanors or 150 felonies, with felonies counted as 2.66 misdemeanors in mixed caseloads." [Source: nysenate.gov]

4b. "In 2015, The Center for Court Innovation released a report titled 'An Analysis of Mandatory Case Caps and Attorney Workloads', concluding that mandatory cases caps substantially improved the quality of representation in Kings County." [Source: nysenate.gov]

Section 3. Federal-Regional Strategy For Caseload Relief

1. Regions shall be authorized to develop and implement a written plan that establishes numerical caseload/workload standards for each provider of constitutionally mandated publicly funded representation in criminal cases for people who are unable to afford counsel, provided that annual individual numerical caseload/workload standards may not exceed 367 misdemeanors or 138 felonies, with each felony counting as two and sixty-six hundredths misdemeanors in mixed caseloads.

2. The Department of Justice will reimburse Regions for the costs of implementing these plans, subject to approval of the plans by its budgetary division.

[The world will shine with light in our nightmare]

Aye

[YE]

Aye.

Can we get four and call for 24 hours before Yankee logs on?

[Esteemed Jimmy]

Aye

[Southern Senator North Carolina Yankee]

Aye

Senators have 24 hours to change their votes.

Aye.

Can we get four and call for 24 hours before Yankee logs on?

Looks like no.

[At-Large Senator LouisvilleThunder]

Aye

[Former President tack50]

Aye

[Southern Senator North Carolina Yankee]

Vote on Final Passage of the Federal Caseload Relief Act:

Aye (6): Jimmy, LT, NC Yankee, Tack, Scott, YE
Nay (0):
Abstain (0):

Didn't Vote (0):

This has passed the Senate and is sent to the VP.

[Southern Senator North Carolina Yankee]

A BILL
To incentivize Regions to adopt limits on the number of cases a public defender may be assigned in any given year

Be it enacted by the Senate and the House of Representatives, in Congress assembled:

Section 1. Title

This legislation may be cited as the Federal Caseload Relief Act.

Section 2. Justification

1. In Gideon v. Wainwright 372 U.S. 335 (1963), the Supreme Court held that the 6th Amendment Right to Counsel required States/Regions to assign defense attorneys to defendants charged with serious offenses and who could not afford counsel. This constitutional holding was subsequently extended to require States/Regions to provide counsel to cases where criminal conviction could lead to imprisonment.  In Gideon, the Court held that the assignment of counsel was essential to a fair trial and a constitutional right of the accused which States/Regions can not abridge.

2. Public defense systems are critically underfunded, and therefore the case workload can be overwhelming even under the most ideal circumstances.  Most public defense offices do not have paralegals, law clerks, or full-time investigators.  Therefore, lawyers are expected to do all the work that is necessary to provide a reasonably effective defense for their clients, as required by the Constitution and affirmed by the Supreme Court.

3. A 2017 study conducted by Postlethwaite & Netterville, in conjunction with the Atlasian Bar Association, concluded that the Louisiana public defense system is currently deficient 1,406 FTE [full-time equivalent] attorneys.  Based on the results of the study and analysis presented therein, "the Louisiana public defense system currently only has capacity to handle 21 percent" of the case workload.

4a. "In 2009, the New York State Legislature passed and Governor Patterson signed into law 'case caps' for public defenders in New York City.  Through the Office of Court Administration, the Legislature supplemented NYC's indigent defense budget to effectuate an Appellate Division Rule which limited annual criminal defense attorney caseloads to 400 misdemeanors or 150 felonies, with felonies counted as 2.66 misdemeanors in mixed caseloads." [Source: nysenate.gov]

4b. "In 2015, The Center for Court Innovation released a report titled 'An Analysis of Mandatory Case Caps and Attorney Workloads', concluding that mandatory cases caps substantially improved the quality of representation in Kings County." [Source: nysenate.gov]

Section 3. Federal-Regional Strategy For Caseload Relief

1. Regions shall be authorized to develop and implement a written plan that establishes numerical caseload/workload standards for each provider of constitutionally mandated publicly funded representation in criminal cases for people who are unable to afford counsel, provided that annual individual numerical caseload/workload standards may not exceed 367 misdemeanors or 138 felonies, with each felony counting as two and sixty-six hundredths misdemeanors in mixed caseloads.

2. The Department of Justice will reimburse Regions for the costs of implementing these plans, subject to approval of the plans by its budgetary division.

People's Regional Senate
Passed 6-0 in the Atlasian Senate Assembled,