Delaware
The state of Delaware funds and administers all indigent defense services in adult criminal trials. A state agency administers services. The state has no commission providing oversight of the agency.
The state of Delaware funds and administers all indigent defense services for adult criminal cases in its appellate court. A state agency administers services. The state has no commission providing oversight of the agency.
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3 Counties State Funded
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3 Counties State Administered
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3 Counties with No Commission, But Statewide Authority
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3 Counties State Funded
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3 Counties State Administered
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3 Counties with No Commission, But Statewide Authority
The state-funded Office of Defense Services (ODS) is responsible for providing indigent defense services in all trial-level adult criminal cases. ODS provides representation in all state courts hearing jailable offenses, except for in the lowest level state court in which some misdemeanor cases are heard. ODS provides primary services through public defender offices and conflict services through its Office of Conflicts Counsel, which contracts with private attorneys on an hourly or flat fee basis. The state agency also provides services in juvenile matters and appeals.
The governor appoints the chief defender to lead ODS. The chief is responsible for overseeing the delivery of indigent defense services statewide. The state does not have a separate commission to provide oversight of the chief.
The state of Delaware is responsible for funding and administering indigent defense services in all adult criminal appeals. The Office of Defense Services (ODS), which provides all trial-level services, has a direct appeals unit to handle primary representation of appeals. ODS also has an office of conflict counsel to handle conflict cases through contracts with private attorneys paid hourly. The state agency also handles juvenile representation.
The governor appoints the chief defender to lead ODS. The chief is responsible for overseeing the delivery of indigent defense services statewide. The state does not have a separate commission to provide oversight of the chief.
Dig Deeper
Is an indigent defendant required to pay a fee for their appointed counsel?
In which branch of state government does the indigent defense system reside?
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Criminal justice issues that disproportionately harm poor people, such as wrongful convictions and over-incarceration, cannot be fixed if indigent defendants are given attorneys who do not have the time, resources, or qualifications, to be a constitutional check on government. Yet, investment in improving indigent defense services remains largely neglected. The Sixth Amendment Center is the only nonprofit organization in the country that exclusively examines, uncovers, and helps fix the root of the indigent defense crisis in which inequality is perpetuated because poor defendants do not get a fair fight.
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