The Sixth Amendment of the U.S. Constitution established the right to counsel — and the U.S. Supreme Court ruled that states must provide counsel for indigent defendants. However, with few standards and little funding, poor defendants across the country are left to rely on overburdened and often ineffective public defenders to help them navigate a criminal justice system that is already stacked against them. Too many are denied justice because their attorneys cannot devote necessary time or resources to their cases. The state of public defense in this country is in crisis.
We are engaged in litigation to force jurisdictions to appropriately fund and support public defense.
Key Cases
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David v. State of Missouri
Public Defense
In February 2023, the Missouri Circuit Court issued a judgement that served as a clear denouncement of the use of waiting lists for indigent public defense.
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Church et al v. State of Missouri
Public Defense
The MacArthur Justice Center, ACLU of Missouri, and Orrick, Herrington & Sutcliffe filed a class-action lawsuit against the state of Missouri over its unconstitutional system of public defense. The state’s public defenders do not have the time or resources to provide adequate legal representation to their indigent clients.
Key Facts
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Single Greatest Obstacle
Inadequate financial support is the single greatest obstacle to delivering “competent” and “diligent” defense representation, as required by the Sixth Amendment -
370 attorneys for 80,000 cases
The Missouri State Public Defender’s Office employs approximately 370 attorneys to handle more than 80,000 cases each year. In 97% of their cases, public defenders fail to reach the bare minimum of work hours required to meet constitutional standards. -
Waiting Lists
Over 4,600 individuals, roughly 600 of whom are currently in pretrial detention, are waiting for an attorney in the State of Missouri.