Puerto Rico
The Commonwealth of Puerto Rico administers all indigent defense services through a nonprofit and private attorneys. The Commonwealth funds services, with non-governmental revenue constituting a large share of total funding. Separate commissions provide oversight of the non-profit and private appointed attorneys.
The Commonwealth of Puerto Rico contracts with the non-profit Sociedad para Asistencia Legal de Puerto Rico (SAL) for primary indigent defense services in all adult criminal and juvenile delinquency trials and appeals (as well as in other case types). SAL provides services through 13 branch offices serving each of the commonwealth’s judicial regions, a central appellate division, and a juvenile division. A commission, composed of seven members appointed by diverse authorities, oversees SAL and appoints an executive director. SAL is funded through annual legislative appropriations and non-governmental revenues (administrative legal fees attached to notary actions and property transfers).
The Supreme Court of Puerto Rico, through its Office of Court Administration, administers a court-appointment system for conflict representation. Cases are first appointed to private attorneys who apply to be on the criminal appointment panel, then to any local bar member with criminal law experience, following a rotation system. Panel attorneys are paid hourly from the beginning of their representation whereas appointed local bar members must first accumulate 30 hours of pro bono services before getting paid at an hourly rate that is lower than for panel attorneys. This system is funded through annual legislative appropriations and overseen by the Permanent Commission for the Evaluation of the Court Appointment System.
Dig Deeper
Is there a right to counsel in Puerto Rico?
Who serves on the commission overseeing the Sociedad para Asistencia Legal de Puerto Rico?
Who serves on the Permanent Commission for the Evaluation of the Court Appointment System?
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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.
The Sixth Amendment Center is a tax-exempt 501(c)(3) nonprofit organization under EIN: 45-3477185.
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