Indigent Defense
Davis v. Nevada
Every state has a constitutional obligation to provide legal representation to criminal defendants who cannot afford an attorney. Nevada is failing to fulfill this obligation for low income people in its rural counties on a daily basis. Many of these underfunded rural counties lack a true public defense system, and instead mainly rely on flat-fee or defacto flat fee contract attorneys to act as public defenders. These contract attorneys operate without the oversight, resources, or time necessary to ensure they are providing an adequate defense to low income Nevadans. In fact, very often they fail to communicate with clients in basic ways, advocate effectively for pretrial release at bail hearings, or conduct independent investigations necessary to defend their clients. Worse, they at times pressure clients into taking plea bargains against the clients’ express wishes. This is not justice.
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All Cases
7 Indigent Defense Cases
Nov 2019
![witness stand](https://assets.aclu.org/live/uploads/2019/09/case15-witnessstand-1160x864-600x447.jpg)
Tucker, et al. vs. State of Idaho, et al.
The ACLU, the ACLU of Idaho, and Hogan Lovells LLP filed a class action lawsuit in 2015 against the State of Idaho over its defective public defense system.
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![witness stand](https://assets.aclu.org/live/uploads/2019/09/case15-witnessstand-1160x864-600x447.jpg)
Indigent Defense
Tucker, et al. vs. State of Idaho, et al.
The ACLU, the ACLU of Idaho, and Hogan Lovells LLP filed a class action lawsuit in 2015 against the State of Idaho over its defective public defense system.
Nov 2019
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Missouri
Mar 2017
![Shondel Church, et al. v. State of Missouri, et al.](https://www.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
Shondel Church, et al. v. State of Missouri, et al.
The American Civil Liberties Union and the ACLU of Missouri, along with the MacArthur Justice Center, and the law firm of Orrick, Herrington & Sutcliffe LLP, filed a class action lawsuit against the State of Missouri over its public defender office’s inability to provide adequate defense to poor people accused of crimes across the state, as required under the U.S. and Missouri Constitutions.
Status: Ongoing
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![Shondel Church, et al. v. State of Missouri, et al.](https://www.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
Missouri
Indigent Defense
Shondel Church, et al. v. State of Missouri, et al.
The American Civil Liberties Union and the ACLU of Missouri, along with the MacArthur Justice Center, and the law firm of Orrick, Herrington & Sutcliffe LLP, filed a class action lawsuit against the State of Missouri over its public defender office’s inability to provide adequate defense to poor people accused of crimes across the state, as required under the U.S. and Missouri Constitutions.
Mar 2017
Status: Ongoing
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Northern California
Apr 2016
![Wooden judges gavel lying on a law book in a courtroom](https://assets.aclu.org/live/uploads/2023/01/shutterstock_158536460-600x400.jpg)
Phillips v. State of California
The ACLU of Northern California, in partnership with ACLU National’s Criminal Law Reform Project and the firm Paul Hastings LLP, have filed a lawsuit against California, Governor Brown, and Fresno County seeking a writ of mandate and injunctive and declaratory relief to fix the county’s failing public defense system—which is supposed to provide a rigorous legal defense to people who are accused of crimes in Fresno and cannot afford to hire their own lawyer.
Status: Ongoing
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![Wooden judges gavel lying on a law book in a courtroom](https://assets.aclu.org/live/uploads/2023/01/shutterstock_158536460-600x400.jpg)
Northern California
Indigent Defense
Phillips v. State of California
The ACLU of Northern California, in partnership with ACLU National’s Criminal Law Reform Project and the firm Paul Hastings LLP, have filed a lawsuit against California, Governor Brown, and Fresno County seeking a writ of mandate and injunctive and declaratory relief to fix the county’s failing public defense system—which is supposed to provide a rigorous legal defense to people who are accused of crimes in Fresno and cannot afford to hire their own lawyer.
Apr 2016
Status: Ongoing
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Louisiana
Jan 2016
![Money and US flag](https://assets.aclu.org/live/uploads/2023/01/Money and US flag -600x400.jpg)
Yarls v. Bunton
The ACLU Criminal Law Reform Project has filed a class action lawsuit on behalf of criminal defendants in Orleans Parish who are unable to afford an attorney. The suit attacks Louisiana’s chronic underfunding of its public defender system.
Status: Ongoing
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![Money and US flag](https://assets.aclu.org/live/uploads/2023/01/Money and US flag -600x400.jpg)
Louisiana
Indigent Defense
Yarls v. Bunton
The ACLU Criminal Law Reform Project has filed a class action lawsuit on behalf of criminal defendants in Orleans Parish who are unable to afford an attorney. The suit attacks Louisiana’s chronic underfunding of its public defender system.
Jan 2016
Status: Ongoing
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