Public Defense Standards - New York State Defenders Association

Public Defense Standards

New York

Eligibility Standards

Standards for Determining Financial Eligibility for Assigned Counsel (Office of Indigent Legal Services) (Feb. 16, 2021) (PDF)
ILS Eligibility Standards – Blackletter Only (Spanish) (Office of Indigent Legal Services)

Practice Standards

The Standards for the Investigation Function of Interdisciplinary Defense Teams (September 2025)
Appellate Standards and Best Practices (Revised 2023) (Office of Indigent Legal Services) (PDF)
Standards for Establishing and Administering Assigned Counsel Programs (Office of Indigent Legal Services) (eff. July 1, 2019)
Standards for Parental Representation in State Intervention Matters (Office of Indigent Legal Services) (eff. Dec. 1, 2015)
Conflict and Trial Level Criminal Defense Standards (Office of Indigent Legal Services) (eff. as to conflict cases July 1, 2012, as to all trial level representation Jan. 1, 2013) (PDF)
Client-Centered Representation Standards (NYSDA 2005) (PDF) Versión española (PDF)
Standards for Providing Constitutionally and Statutorily Mandated Legal Representation in New York State (NYSDA 2004) (PDF)
2021 Revised Standards for Providing Mandated Representation (NYSBA 2021)
Client Involvement and Satisfaction, Quality Representation and Vigorous Advocacy (NYSDA 2000) (PDF)
Statement of Client's Rights (Departments of the Appellate Division of the Supreme Court 2013)

Caseload/Workload Standards

Caseload Standards for Parents' Attorneys in New York State Family Court Mandated Representation Cases (Office of Indigent Legal Services (June 4, 2021)
A Determination of Caseload Standards Pursuant to § IV of the Hurrell-Harring v. The State of New York Settlement (Office of Indigent Legal Services) (Dec. 8, 2016)
22 NYCRR 127.7 Workload of Attorneys and Law Offices Providing Representation to Indigent Clients in Criminal Matters in New York City (Apr. 1, 2010)

National

ABA Criminal Justice Standards
ABA Parent Representation Standards (2006)
American Council of Chief Defenders Statement on Caseloads and Workloads (ACCD 2007)
Contracting for Indigent Defense Services (BJA 2000)
Defense Counsel in Criminal Cases (BJS 2000)
National Public Defense Workload Study (Rand Corp.) (2023)
NLADA Defender Standards (list)
Redefining Leadership for Equal Justice: Final Report of the National Symposium on Indigent Defense 2000 (BJA 2000)
Securing Reasonable Caseloads: Ethics and Law in Public Defense, by Norman Lefstein (ABA 2011)
Ten Principles of a Public Defense Delivery System (ABA 2023)
Ten Tenets of Fair and Effective Problem Solving Courts (NLADA ACCD 2001)

States

Arkansas: Order 15. Attorneys 15.1 Qualifications and Standards for Attorneys Appointed to Represent Children and Parents
California: State Bar of California Guidelines for Indigent Defense Services Delivery System (2006)
Colorado: Appointment and Payment Procedures for Court Appointed Counsel (Chief Justice Directive 04-05, amended November 2019);
Appointment of State-Funded Counsel in Criminal Cases and for Contempt of Court (Chief Justice Directive 04-04, amended November 2014)
Iowa: Iowa Standards of Practice for Attorneys Representing Parents in Juvenile Court (2011)
Massachusetts: Assigned Counsel Manual (Committee for Public Counsel Services)
Michigan:
- Minimum Standards for Indigent Criminal Appellate Defense Services Including MAACS Comments (2005)
- Minimum Standards for Indigent Criminal Defense Services (Michigan Indigent Defense Commission) (June 2019)
Nevada: Commission on Indigent Defense Services; Regulations including Permanent Regulations of the Board on Indigent Defense Services - User friendly Version (PDF); and Order ADKT 411.
New Mexico:Performance Standards for Court-Appointed Attorneys in Child Abuse & Neglect Cases
North Carolina: Performance Guidelines for Indigent Defense Representation in Non-Capital Cases at the Trial Level (2004); Performance Guidelines for Attorneys Representing Indigent Parent Respondents in Abuse, Neglect, Dependency and Termination of Parental Rights Proceedings at the Trial Level (2007) (North Carolina Commission on Indigent Defense Services)
North Dakota: Standards and Policies (Commission on Legal Counsel for Indigents)
Oregon: Indigent Defense Task Force III Report (2000);
Performance Standards
South Carolina: Performance Standards for Public Defenders and Assigned Counsel (Non-Capital) (PDF); Practice Standards for Parents’ Attorneys in Abuse and Neglect Cases (PDF) (South Carolina Commission on Indigent Defense 2013)
Tennessee: Rule 13: Appointment, Qualifications, and Compensation of Counsel for Indigent Defendants
Texas: Performance Guidelines for Non-Capital Criminal Defense Representation (State Bar of Texas 2011)
Utah: Indigent Appellate Defense Division Core Principles (2021)
Washington: Performance Guidelines for Criminal Defense Representation (2011, amended 2020)
Washington State Guideline for Appointed Counsel in Indigent Appeals (2019)
Standards for Indigent Defense (2012, amended 2021)
Other Standards

Indexes, Bibliographies and Compilations

ABA Standing Committee on Legal Aid and Indigent Defendants Public Defense Policies and Guidelines
Compendium of Standards for Indigent Defense Systems (BJA 2001)
Executive Session on Public Defense (Harvard)
NACDL Collection of Standards
NLADA Collection of Standards (including the 1976 Guidelines of the National Advisory Commission on Defense Services, 1973 Standards for the Defense of the National Advisory Commission on Criminal Justice Standards and Goals, and several specific NLADA standards such as the 1995 Performance Guidelines for Criminal Defense Representation, 1989 Standards for the Administration of Assigned Counsel Systems, and 1980 Standards and Evaluation Design for Appellate Defender Offices)

Ethics Opinions

ABA Formal Opinion 06-441: Ethical Obligations of Lawyers Who Represent Indigent Criminal Defendants When Excessive Caseloads Interfere With Competent and Diligent Representation
ACCD Ethics Opinion 03-01 (caseload)

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