Page 293 - Ad Hoc Report June 2018
P. 293

   Section 14: Alternative Models Considered
14.1 Stand-Alone Agency Outside the Three Branches of Government
This model would create an independent agency outside of the judicial, legisla- tive, and executive branches to administer an indigent defense delivery system. This model was recommended by David E. Patton, the Executive Director of
the Federal Defenders of New York in his article The Structure of Federal Public Defense: A Call for Independence.1118 The question Mr. Patton asked is one the Committee has also grappled with: “So, if defense lawyers have a mission explic- itly contrary to the Executive, and the Judiciary is meant to be a neutral arbiter, whither the placement of public defense?”1119
Mr. Patton’s model envisions an agency dedicated to an independent, vigorous defense, without any actual or apparent conflict of interest. It would, in comparison to other models, create less work for and obligate fewer resources from the judi- ciary and the AO. And there is such a model that has been successful—the Public Defender Service of Washington, D.C.
A primary reason this Committee is not recommending this model is the cost. The defender program currently relies on various AO services and resources, such as human resources and office space. Continuing to share these resources would not threaten the independence of a new defender system and would provide for cost containment. Conversely, if an entirely new agency was created, it could not avail itself of these shared resources. Moreover, creating a new agency could also create a
1118 DavidE.Patton,TheStructureofFederalPublicDefense:ACallforIndependence,102CornellL. Rev. 335, 339–40 (2017).
1119 Id.at151
No recommendation presented herein represents
the policy of the Judicial Conference of the United 2 0 1 7 R E P O R T O F T H E A D H O C C O M M I T T E E T O R E V I E W T H E C R I M I N A L J U S T I C E A C T 249
 States unless approved by the Conference itself.
























































































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