Indiana's public defender system flawed, study says

The state’s public defender system is not only woefully underfunded, legal experts say, the Sixth Amendment right to a fair and speedy trial is routinely violated in Indiana.

Lack of oversight of the public defense system, inconsistent funding and subpar representation contribute to the problems, the experts said.

“We need to make significant reforms to our system,” said Norman Lefstein, dean emeritus at Indiana University Robert H. McKinney School of Law. “However, it’s been an uphill battle for decades.”

Lefstein’s comments come in response to a study released Monday by the Sixth Amendment Center, a public defense advocacy firm in Boston. The 212-page study argues that some of the state’s biggest problems stem from how the defense system is funded.

Indiana counties may, if they choose, receive a partial state reimbursement of their indigent defense costs for non-misdemeanor cases in exchange for meeting standards set by the Indiana Public Defender Commission. The commission is a government agency tasked with recommending standards for public defense.

However, counties are free to, and do, forgo money in order to avoid state oversight.

“The “Indiana Model” for right to counsel services both institutionalizes and legitimizes the counties’ choice to not fulfill the minimum parameters of effective representation,” according to the study, “The Right to Counsel in Indiana: Evaluation of Trial level indigent Defense Services.”

Even counties like Marion that meet the standards and receive state funds are still underfunded, the legal experts said, and have far fewer public defenders than they need.

Public defenders in Indiana are burdened with so many cases— at roughly 1,200 cases each per year — that the average amount of time spent on a client’s case is roughly 45 minutes, said Larry Landis, executive director of the Indiana Public Defenders Council.  That includes client interviews, discovery and legal research.

As a result, defendants can go up to nine months before they stand trial, Landis said. “That is so egregious,” he said.

That may explain why 90 percent of people housed in Marion County’s multiple jails are still awaiting trial.

Compounding the limited oversight and limited funding is subpar legal counsel, Landis said. Many defendants feel pressured by overloaded public defenders who want to avoid trial to plead guilty to crimes whether or not they actually committed the act. The incentive for the defendant is a more lenient sentence.

Landis said the study’s findings, which don’t surprise him, explain why the area’s jails are so overcrowded.

Marion County Jail still overcrowded, despite $800,000 in new funds

The problems have prompted at least two lawsuits against Indiana counties.

In Allen County, the County Council, Board of Commissioners and Public Defender Board are named as defendants in a suit alleging that defendants are not receiving adequate legal defense from public defenders. The lawsuit questions funding and staffing levels.

In Johnson County, a group of inmates say they have received little to no assistance from their court-appointed public defenders. The inmates accuse their attorneys of forcing them to accept plea agreements.

Allen and Johnson county officials did not respond to IndyStar requests for comment.

Indiana inmates accuse public defenders of mishandling cases

The Sixth Amendment Center’s findings call for more funding for public defenders, as well as setting reasonable workload standards for attorneys.

Lefstein says the reasons for change are a matter of morality.

“It’s a measure of what kind of society we are,” he said.  “Anyone ought to be disturbed by the fact that we know all of these things about our justice system and little is being done.”

Call IndyStar reporter Fatima Hussein at (317) 444-6209. Follow her on Twitter: @fatimathefatima.