In this chapter we consider the nationwide growth in the proportion of the population served by institutional defenders, and also early legislation by which municipalities in New York were authorized to provide public funds to private defender agencies. We then consider the impact of Gideon v. Wainwright, the landmark Supreme Court decision requiring the state to provide free legal services to all indigent defendants, on the nation’s defense systems. Thereafter, we examine New York State’s constitutional and legislative response to Gideon and analyze the principal features of New York City’s implementation of the constitutional and legislative mandate to provide counsel: its contract with the Legal Aid Society, and the Bar Association Plan for involving court-assigned private 18-B Panel attorneys.
Examines obstacles defenders face in representing indigent criminal defendants.
Introduces the structure and operation of the 18-B Panel and Legal Aid Society.
Discusses rotational assignments structure, demographics of Panel, as well as the effect of the rotations on the activity level of Panel attorneys.
Examines the lawyering practices of 18-B Panel attorneys and the extent to which they effectively advocate for their clients.