Regular Session 2019-2020 House Resolution 0619 P.N. 2947

PRINTER'S NO. 2947

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

No.

619

Session of

2019

INTRODUCED BY McCLINTON, A. DAVIS, D. MILLER, MURT, HOHENSTEIN,

FREEMAN, HILL-EVANS, WARREN, ROEBUCK, GALLOWAY AND OTTEN,

NOVEMBER 22, 2019

REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 22, 2019

A RESOLUTION

Directing the Legislative Budget and Finance Committee to

conduct a study to collect and organize data regarding

historic funding and caseloads relating to indigent criminal

defense in this Commonwealth during the most recent three

years for which data is available.

WHEREAS, The Sixth Amendment to the Constitution of the

United States states, in part:

In all criminal prosecutions, the accused shall enjoy the

right . . . to have the Assistance of Counsel for his

defense[;];

and

WHEREAS, In the landmark case of Gideon v. Wainwright, 372

U.S. 335 (1963), the United States Supreme Court ruled that free

counsel for criminal defendants who cannot afford to hire an

attorney is mandated upon the states by the Sixth Amendment of

the Constitution of the United States; and

WHEREAS, The United States Supreme Court subsequently

clarified that the guarantees described in Gideon include

misdemeanor prosecutions that could result in a term of

imprisonment, juvenile delinquency proceedings and all critical

proceedings subsequent to arrest; and

WHEREAS, The Constitution of Pennsylvania also guarantees to

indigent criminal defendants a right to counsel; and

WHEREAS, Since 1776, the Constitution of Pennsylvania has

provided that:

In all criminal prosecutions, the accused hath a right to

be heard by himself and his counsel[;];

and

WHEREAS, The Commonwealth of Pennsylvania provides indigent

criminal defendant representation through a variety of means,

including a county-based public defender system, court-appointed

counsel, conflict counsel, pro bono representation and others;

and

WHEREAS, The Public Defender Act, the act of December 2, 1968

(P.L.1144, No.358), mandates that:

In each county except the County of Philadelphia, there

shall be a public defender, appointed as herein provided.

Two or more counties may cooperate in the appointment of

a public defender, as provided in the intergovernmental

cooperation provisions of the Constitution of

Pennsylvania or as provided by law[;];

and

WHEREAS, The Public Defender Act further provides that:

In lieu of, or in addition to assistant public defenders,

the public defender may arrange for and make use of the

services of attorneys at law admitted to practice before

the Supreme and Superior Courts of this Commonwealth and

the court of common pleas of the county or counties in

which they may serve, when such attorneys volunteer to

20190HR0619PN2947 - 2 -

act as assistants, without compensation, to enable him to

carry out the duties of his office[;];

and

WHEREAS, Funding for the criminal justice system in

Pennsylvania, including indigent criminal defense, is primarily

county-based; and

WHEREAS, The interests of justice and therefore of all

Pennsylvanians are best served when Pennsylvania's indigent

criminal defense system operates in an effective and ethical

manner, responsibly using sufficient funding to zealously

represent its clients; therefore be it

RESOLVED, That the House of Representatives direct the

Legislative Budget and Finance Committee to conduct a study to

collect and organize data regarding historic funding and

caseloads relating to indigent criminal defense in the

Commonwealth during the most recent three years for which data

is available; and be it further

RESOLVED, That the study shall determine the sources of

funding and size of caseloads for indigent criminal defense in

each county, including:

(1) county-based public defenders;

(2) Federal public defenders appearing in State court;

(3) court-appointed counsel, including conflict counsel;

(4) private representation provided pro bono or at

reduced rates; and

(5) any other source of indigent criminal defense

representation that the committee determines to be

informative;

and be it further

RESOLVED, That the study shall determine the amount of

20190HR0619PN2947 - 3 -

funding available and caseloads for indigent criminal defense

supported by each source of funding in each county annually,

including the rates paid to court-appointed counsel; and be it

further

RESOLVED, That the study shall determine the number of

attorneys supported by each source of funding in each county

annually and appearing on behalf of indigent criminal

defendants, including the number of public defenders, both full-

time and part-time; and be it further

RESOLVED, That the study shall determine each county's

caseload for indigent criminal defense supported by each source

of funding in each county annually by category, including:

(1) capital murders;

(2) homicides;

(3) felonies;

(4) misdemeanors; and

(5) such other categories that the Committee determines

to be informative;

and be it further

RESOLVED, That the study shall determine each county's

caseload for indigent criminal defense supported by each source

of funding in each county annually by category, including:

(1) jury trial;

(2) bench trial; and

(3) other disposition;

and be it further

RESOLVED, That the study shall be completed by November 30,

2020.

20190HR0619PN2947 - 4 -