Public Defense Reform
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
15 Public Defense Reform Cases
Missouri
Feb 2020
![David v. Missouri](https://www.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
David v. Missouri
As of January 2020, over 4,600 individuals, roughly 600 of whom are currently in pretrial detention, were on the waiting list for an attorney in the State of Missouri. These individuals have been charged with crimes and have already qualified for a court-appointed attorney but are being forced to wait for an indeterminate amount of time for one to become available due to an overburdened indigent defense system. As a result, a criminal defendant will likely wait months, or sometimes even years, before they are assigned an attorney.
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![David v. Missouri](https://www.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
Missouri
Public Defense Reform
David v. Missouri
As of January 2020, over 4,600 individuals, roughly 600 of whom are currently in pretrial detention, were on the waiting list for an attorney in the State of Missouri. These individuals have been charged with crimes and have already qualified for a court-appointed attorney but are being forced to wait for an indeterminate amount of time for one to become available due to an overburdened indigent defense system. As a result, a criminal defendant will likely wait months, or sometimes even years, before they are assigned an attorney.
Feb 2020
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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)
Public Defense Reform
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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South Carolina
Oct 2019
![Bairefoot v. City of Beaufort et al](https://www.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
Bairefoot v. City of Beaufort et al
In South Carolina’s municipal courts today, defendants are prosecuted, convicted, and jailed without ever having a lawyer appointed to their case or even being advised of their right to counsel. Hundreds of these defendants who were deprived of counsel—including Tina Bairefoot, Dae’Quandrea Nelson, and Nathan Fox—have been and are incarcerated in local jails and state prisons every year. Cities and towns can decide whether they have municipal courts—they are optional—but if they decide to have them they must follow the Constitution, which includes the right to counsel.
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![Bairefoot v. City of Beaufort et al](https://www.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
South Carolina
Public Defense Reform
Smart Justice
Bairefoot v. City of Beaufort et al
In South Carolina’s municipal courts today, defendants are prosecuted, convicted, and jailed without ever having a lawyer appointed to their case or even being advised of their right to counsel. Hundreds of these defendants who were deprived of counsel—including Tina Bairefoot, Dae’Quandrea Nelson, and Nathan Fox—have been and are incarcerated in local jails and state prisons every year. Cities and towns can decide whether they have municipal courts—they are optional—but if they decide to have them they must follow the Constitution, which includes the right to counsel.
Oct 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
Public Defense Reform
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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