Explaining & Applying the Standards

The Nexus between Independence and Workload Controls

An adequate public defense program must have binding workload standards for the system to function.  In fact, if there were a single criterion by which it was possible to evaluate the overall health of a jurisdiction’s public defense system, the existence and enforcement of strict workload controls might well be the most important benchmark of an effective system.  This is because public defenders do not generate their own work.

Indigent Defense Standards Help Defense Attorneys to Provide Effective Assistance -- Mike's Story

Excerpt adapted from: David Carroll and Scott Wallace, Implementation and Impact of Indigent Defense Standards (December 2003), Award No. 1999-IJ-CX-0049, National Institute of Justice, Office of Justice Programs, United States Department of Justice.

One spring night in 2001, an unidentified caller dialed 911 and hung up before words were exchanged.  The police were routinely dispatched to the apartment where the call originated.  They were greeted at the door by Mike (not his real name).  Mike appeared nervous, having used methamphetamines an hour earlier.  The police asked permission to enter to ensure that no actual emergency was in progress, and Mike consented.  The officers saw drugs in plain view.  Mike and an acquaintance Mary (not her real name) who was also present were arrested and charged with felonies.

Protecting the Innocent -- Eddie Joe Lloyd

In 1985, Eddie Joe Lloyd was convicted in Detroit of the rape and murder of a teen-age girl. The evidence of his guilt was overwhelming.  Eddie Joe Lloyd’s written confession gave specific information about the crime scene that only the perpetrator could have known.  Police had him on tape admitting to the brutal acts.  It was a slam dunk case.  The jury took less than an hour to convict him of 1st degree felony murder.  Lamenting the lack of the death penalty in Michigan, the judge sent Eddie Joe to a maximum security prison for the remainder of his life without the possibility of parole.  Justice was served… except for one small problem – Eddie Joe Lloyd was innocent.