The Relationship of the Court and Defense Counsel: The Impact on Competent Representation and Proposals for Reform

54 Pages Posted: 7 Nov 2013  

Richard Daniel Klein

Touro College - Jacob D. Fuchsberg Law Center

Date Written: 1988

Abstract

This Article examines the impact of the trial court upon the quality of legal assistance provided the indigent criminal defendant. The court, when confronted with public defenders so overburdened with cases that they have not had the time to adequately prepare, all too often exacerbates the situation by refusing to permit counsel additional time for investigation and preparation. The trial judge may be affected by administrative pressures to dispose of cases, move the calendar, and get pleas. The defender's overload is therefore compounded by the court's overload, and the situation results in the sacrifice of the indigent defendant's right to competent representation. As both counsel and court attempt to minimize the amount of time expended on each case, the defendant's claim to a just proceeding and fair trial is forfeited.

Keywords: caseload, effective assistance of counsel, pleas of guilty, indigent defendants, pretrial conference, pretrial worksheet

Suggested Citation

Klein, Richard Daniel, The Relationship of the Court and Defense Counsel: The Impact on Competent Representation and Proposals for Reform (1988). 29 Boston College Law Review 531 (1988); Touro Law Center Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=2349669

Richard Daniel Klein (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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