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Senate Passes Resolution to Study Provision of Services
to Indigent Criminal Defendants
HARRISBURG -- 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."
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