Paying for the Right to Counsel: National Survey Findings on the Practice of Charging Public Defense Fees to Clients

Paying for the Right to Counsel: National Survey Findings on the Practice of Charging Public Defense Fees to Clients
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The right to an attorney in a criminal case is a cornerstone of our justice system, yet in as many as 42 states today, people who can’t afford an attorney can still find themselves paying for that Constitutional guarantee. Based on two nationwide surveys of public defense attorneys and court leadership, our new report takes a closer look at how fees for court-appointed attorneys are perceived and experienced by attorneys across the country. We explore what courts and practitioners can do to make sure everyone gets access to the representation they deserve.

Key Findings

  • 65% of responding attorneys said they did not support the use of defender fees in their jurisdiction
  • 73% of those surveyed reported that defender fees negatively impact their clients and 64% said defender fees perpetuate their clients’ ongoing involvement in the legal system
  • 12% of public defense attorneys surveyed reported they had witnessed individuals waive their right to counsel because they could not pay an upfront defender fee
  • Public defense attorneys reported that judges inconsistently enact formal ability to pay determinations.
  • Only 30% of the attorneys we heard from said they had been trained on how to advocate for their clients’ financial needs to secure waivers or deferrals for fees