Senate Resolution 158
unanimously adopted
Would study provision of services to indigent
criminal defendants
The State Senate yesterday (September 27)
unanimously adopted Senate Resolution 158, a
concurrent resolution introduced by Senator Pat
Browne urging the creation of a bipartisan task
force to study the existing system for providing
services to indigent criminal defendants.
The United States Supreme Court has held states
responsible to provide counsel for indigent criminal
defendants as a way to guarantee the protection of a
fair trial. However, the overwhelming caseload
imposed on indigent criminal defense services has
created an environment where attorney-client contact
is minimal, individualized investigation is
virtually nonexistent, and adequate preparation by
attorneys becomes nearly impossible, Senator Browne
said.
"Inequalities that are a direct result of funding
gaps further compound an already serious problem,"
Senator Browne said. "Pennsylvania is one of only
three states that fail to provide state funding for
indigent criminal defense services. Many counties
in Pennsylvania already face significant budgetary
problems because of an increase in costs associated
with the operation of the courts, yet these counties
are saddled with the additional expense of providing
counsel for indigent criminal defendants."
Senator Browne's resolution directs the Joint
State Government Commission to establish a
bipartisan task force to include representatives
from the Administrative Office of Pennsylvania
Courts, Secretary of Budget and Administration,
Attorney General, Auditor General, County
Commissioners Association of Pennsylvania,
Pennsylvania Public Defenders Association, as well
as other professionals and experts in indigent
criminal defense.
This task force will be responsible for studying
the existing system, analyzing the approach taken by
other states, and making recommendations to the
General Assembly according to their findings.
"Because equality is paramount to our justice
system, we can no longer choose to ignore the
disparities that have arisen from our current
approach to indigent criminal defense," Senator
Browne said. "North Carolina, Oregon, Vermont and
Virginia have taken the lead to review systems in
place in their respective states. It is time
Pennsylvania does the same."
Contact:
Stacey Mosca
(717) 787-1349