Isonomy, Austerity, and the Right to Choose Counsel

Moore, John Robert

doi:10.18060/4806.1186

Ind Law Rev Arch

2018

DOI: 10.18060/4806.1186

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Isonomy, Austerity, and the Right to Choose Counsel

John Robert Moore¹

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Cited by 4 publications

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“…Yet there is great diversity in the administration of public defense at the municipal, county, state, and federal levels (Davies & Worden, 2009, 2017; Stevens et al, 2010). While this diversity invites comparison and innovation, critics routinely lambaste defense systems for underfunding, excessive workloads, and weak judicial enforcement of underlying rights (Constitution Project, 2009; Cornwell, 2014; J. Moore, 2018).…”

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Introduction to Special Issue: New Developments in Public Defense Research

Moore

Davies

2020

Criminal Justice Policy Review

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This special issue focuses on interdisciplinary research in public defense. Seven papers represent a diverse group of scholars in an understudied field. Two overarching themes emerge. The first theme, “System Interventions: Evaluating Programs and Identifying Opportunities,” includes three studies of innovative policies and practices. Two evaluate new resource injections that support, respectively, social work-initiated holistic defense and counsel at first appearance. The third examines state sentencing schemes to identify opportunities for emphasizing defendant assets instead of deficits. The second theme, “Understanding Decision Makers,” includes four papers drawing on qualitative data regarding juvenile resentencing and reentry, defendant views of attorney–client communication, defender motivations for remaining in the profession, and manager perspectives on likely effects of caseload reductions. As a collection, these papers bridge gaps between theory and practice, offer new insight into public defense as a critical component of criminal legal systems, and identify new avenues for future research.

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Introduction to Special Issue: New Developments in Public Defense Research

Moore

Davies

2020

Criminal Justice Policy Review

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“…Institutional and workload pressures encourage public defenders to triage cases and obtain quick guilty pleas with little client communication, heightening risks that extralegal factors such as race will influence representation (Cunningham, 1992; Richardson & Goff, 2013; Troccoli, 2002). Courts exacerbate mistrust by appointing public defense counsel instead of granting the limited right to choose counsel enjoyed by people who hire lawyers (Moore, 2018). These problems leave public defenders “shorn of their sharpest edge—their legitimacy as effective and trusted lawyers,” which “impairs the lines of communication essential to a proper defense” (Aalberts, Boyt, & Seidman, 2002, p. 544).…”

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Attorney–Client Communication in Public Defense: A Qualitative Examination

Moore

Clark

Foote

et al. 2019

Criminal Justice Policy Review

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This article presents a qualitative research approach to exploring attorney-client communication in an urban public defense system. The study drew upon procedural justice theory [PJT], which emphasizes relationships between satisfaction with system procedures and compliance with system demands. Interpretive analysis of interview data from 22 public defense clients revealed four major themes. PJT accounted well for three themes of communication time, type, and content, highlighting relationships between prompt, iterative, complete communication and client satisfaction. The fourth theme involved clients exercising agency, often due to dissatisfaction with attorney communication. This theme was better accommodated by legal consciousness theory, which emphasizes that diverse experiences with law include manipulation and opposition alongside compliance. Implications for policy and research are discussed. AbstractThis article presents a qualitative research approach to exploring attorney-client communication in an urban public defense system. The study drew upon procedural justice theory [PJT], which emphasizes relationships between satisfaction with system procedures and compliance with system demands. Interpretive analysis of interview data from 22 public defense clients revealed four major themes. PJT accounted well for three themes of communication time, type, and content, highlighting relationships between prompt, iterative, complete communication and client satisfaction. The fourth theme involved clients exercising agency, often due to dissatisfaction with attorney communication. This theme was better accommodated by legal consciousness theory, which emphasizes that diverse experiences with law include manipulation and opposition alongside compliance. Implications for policy and research are discussed.

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An empirical study of lawyer-client relationships in Punjab, Pakistan

Jamshed

Kareem

Rafique³

et al. 2022

International Journal of the Legal Profession

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Isonomy, Austerity, and the Right to Choose Counsel

Abstract: ABSTRACT

Cited by 4 publications

References 17 publications

Introduction to Special Issue: New Developments in Public Defense Research

Introduction to Special Issue: New Developments in Public Defense Research

Attorney–Client Communication in Public Defense: A Qualitative Examination

An empirical study of lawyer-client relationships in Punjab, Pakistan

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