NLADA Issues New Report on the Use and Harms of Public Defense Fees in the Criminal Legal System

NLADA Issues New Report on the Use and Harms of Public Defense Fees in the Criminal Legal System

The report provides a 50-state overview of these laws and interactive maps documenting these statutory schemes and in-depth examinations of practices in four states.

WASHINGTON – The National Legal Aid & Defender Association today released “At What Cost? Findings from an Examination into the Imposition of Public Defense System Fees,” a 50-state report that identifies and an analyzes the extent to which people are charged public defense fees when seeking a court-appointed attorney to represent them in a criminal case.

“It makes no sense to saddle people who we know are unable to afford an attorney with public defense fees. We need to end the criminalization of poverty, and stop punishing people for not having the resources to hire an attorney. This report shows us why,” said NLADA President and CEO April Frazier Camara.

The U.S. Supreme Court unanimously upheld in Gideon v. Wainwright that if an accused individual cannot afford to hire a lawyer, states must provide counsel for that person. “At What Cost? Findings from an Examination into the Imposition of Public Defense System Fees,” found that 42 states, plus the District of Columbia, impose public defense system fees – both upfront application or administrative fees, and fees recouping the cost of counsel – on people who are represented by court-appointed attorneys. 

The report provides a 50-state overview of these laws (augmented by supplemental surveys in Mississippi and Washington) and interactive maps documenting these statutory schemes. The report also takes a deep dive into four examination sites: Oklahoma; Iowa; Clark County, Nevada; and New Hampshire.

“At What Cost? Findings from an Examination into the Imposition of Public Defense System Fees” ultimately found that:

• 18 states have statutory upfront application/appointment fees.

• 42 states and the District of Columbia have statutory recoupment fees.

• 17 states have statutes authorizing both types of fees.

• 7 states have no statutory public defense system fees: CA, HI, MS, NE, NY, PA, and RI.

NLADA’s review found that imposing fees on people in need of a court-appointed attorney does more harm than good. Unpaid court debt, including public defense system fees, can result in years of, among other things, inability to secure reliable housing and employment, tarnished credit, and risk of arrest or incarceration for failure to pay the fees. The nonpayment, or irregular repayment, of court debt, including public defense system fees, can tether one to the justice system far longer than any other punishment.

NLADA makes ten recommendations for reform, including the total elimination of public defense system fees and, short of elimination, enactment of legislation that safeguards justice for very poor defendants, such as prohibiting non-willful failure to pay fees from being a violation of probation.  

To learn more about the report or to speak with a NLADA expert, please email Rabiah A. Burks, [email protected].

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The National Legal Aid & Defender Association (NLADA), founded in 1911, is America’s oldest and largest nonprofit association devoted to excellence in the delivery of legal services to those who cannot afford counsel. NLADA has pioneered access to justice at the national, state and local levels, playing a leadership role in the creation of public defender systems and other important institutions from The Sentencing Project to the Legal Services Corporation. A leader in the development of national standards for civil legal aid and public defense, NLADA also provides advocacy, training and technical assistance for equal justice advocates across the country.