PUTTING THEORY INTO PRACTICE: Analyzing the Implementation of Non-Traditional Approaches to Indigent Defense

Abstract

Public defenders uphold a core constitutional right in the criminal legal system: the right to counsel, guaranteed to criminal defendants through the 6th Amendment. Approximately 85% of those accused of crimes in the United States receive some form of publicly-funded defense representation. Yet, common sentiment considers indigent defense to be in a state of “crisis,” and conditions of economic austerity for social services have negatively impacted both public defense offices and their clients. In response to these conditions, many attorneys have developed approaches to public defense that look beyond traditional, case-centric representation, developing theories of client-centered care that connect defendants with social services, advocate for systemic change, and/or engage in building connections with local communities. This thesis employs a mixed-methods qualitative research design to examine how public defense offices operationalize their commitments to high-quality representation. Drawing on survey data, semi-structured interviews, and a case study of an office actively transforming their approach to public defense, this study analyzes how staff members translate organizational goals into everyday practice. This thesis notes several challenges to successful implementation of non-traditional approaches to defense, and also explores how attorneys consider interactions between client identities and the criminal legal system in their representation of women and LGBTQ+ clients. This research culminates in the development of several best practices for public defense offices engaged in non-traditional approaches to advocacy. These practices emphasize communication between attorneys and the client defense team, as well as consistent gathering of information on client needs and desires for their own representation. By thoughtfully implementing innovative approaches to public defense, advocates can mitigate the harms of austerity and leverage their unique position in the criminal legal system to transform client lives and case outcomes.