The Ethics of Indigent Criminal Representation: Has New York Failed the Promise of Gideon?

Abstract

As has been recently documented in a variety of newspapers, law journals, bar reports and legal opinions, the state of indigent criminal defense is in crisis. The roots of this crisis can be traced to three major problems besetting the indigent defense bar: a gap in experience and training, a caseload overload, and abysmally low payment schedules. In particular, New York City provides an excellent example of the difficulties of providing counsel for the indigent. As such, this article focuses primarily on the problems facing attorneys participating in New York's assigned counsel plan as they struggle to provide ethical representation to an ever-growing population of the indicted and convicted while simultaneously attempting to fulfill the promise of Gideon v. Wainwright.

Keywords: criminal law, indigent defense, gideon v. wainwright, legal ethics