(Please see the box below for additional information on racial disparities in the criminal justice system.) Additionally, some spending on indigent defense providers is used to support noncriminal and/or certain juvenilerelated workload (such as mental health civil commitments). The data also show greater variation in the ratio of support staff to attorneys in public defender offices. Individuals charged with a crime have a right to effective assistance of legal counsel under the U.S. and California Constitutions. These comparisons also show that there is greater variation in resource levels for district attorney offices than indigent defense across counties. Additionally, some assert that indigent defense attorneys are responsible for certain workloadsuch as resentencing filings, expungements, or mental health civil commitmentsthat requires significantly less or no workload from the district attorney office. <> endobj However, the number of arrests per attorney in public defender offices were consistently higher across this period. In California, counties are primarily responsible for providing and paying for indigent defense. This variation suggests that the difference between caseloads for public defender and district attorney offices can be much greater in certain counties, which raises questions regarding whether defendants across the state are receiving similar levels of service and quality ofservice. California currently lacks comprehensive and accurate data directly measuring the effectiveness of the states indigent defense system. This will allow MCILS to triple their staff to improve oversight of the private bar and raise assigned counsel compensation rates from $60/hour to $80/hour. endobj For example, a high number of continuances in a case potentially means more resources are being used than necessary. As such, a common measurement of effective assistance of counsel often cited by stakeholders is the number of attorneys supported by each of the various classifications of support staff. County priorities and funding decisions impact arresting, charging, and prosecutorial decisions that the indigent defense system must react to. Court address Telephone no. This makes it difficult for the Legislature to assess the specific levels and effectiveness of indigent defense being provided across counties. We note that the workload and staffing data is through 201819 as this is the last full fiscal year before the COVID19 pandemic, which had significantlikely limited termimpacts on the processing of criminal cases, meaning that workload and staffing data from that time period may not accurately reflect ongoing trends in the provision of indigent defense. ACTIVITIES AND EXPENDITURES REPORT July 1, 2018 - June 30, 2019 The Office of State Public Defender (OSPD) was created by the Legislature in 2011 through the consolidation of the Office of Capital Defense Counsel and the Office of Indigent Appeals. This, in turn, could help identify areas where additional legislative action is warranted. Inadequate factual investigation from loss of necessary investigator staffing. Finally, such metrics can be highly subjectivesuch as whether a case was resolved prior to trial where the client benefits from not engaging in litigation and receives a less serious penalty. Wainwright, 372 U.S. 335 (1963) The mission of the Office of the State Public Defender is to defend and protect the rights, liberties, and dignity of those accused of crimes who cannot afford to retain counsel. The same attorney continuously represents the client until completion of the case. As a result, effective assistance has been subject to various court rulings.) Additionally, Figure13 shows the distribution of the ratio of attorneys to clerical staff. 3.01. This report presents the results of the first national study of access to counsel in U.S. immigration courts. Learn more at flexalert.org, Urgent Energy Conservation Needed: Raise your AC to 78 at 4 p.m. Partnerships. To the extent the Legislature determined that additional resources were necessary, the data could help the Legislature determine where and how to target such additional resources to maximize their impact. 2008) under one umbrella and to develop proposals for a statewide public defense system. However, effectiveness is likely correlated with the amount of time and resources available for indigent defense providers to spend on cases. Defense counsels ability, training, and experience match the complexity of each case. endobj Indigent defense providers must act zealously to provide services meeting the mandate of being a reasonably competent attorney acting as a diligent, conscientious advocate.. In contrast to the quality metrics described above, these methodologies reflect assumptions about the time needed to provide effective and quality representation and do not actually evaluate the provision of indigent defense services. These studies are based on (1)the amount of time practitioners believe should be spent on specific tasks in cases, (2)the number of work hours available, and (3)assumptions about appropriate attorneytostaff ratios. First, the staffing data that counties provide to the California Department of Justice (DOJ) does not include individuals providing service through contracts or direct payments. (In the box below, we discuss the various metrics and standards currently used across the nation to measure the effective provision of indigent defense representation.). Citation. Edit Counsel requesting. OSPD Annual Report FY 2022. As discussed above, the U.S. and California Constitutions guarantee the right to effective attorney assistance (unless knowingly and intelligently waived) to ensure that defendants in criminal proceedings receive equal protection under law and due process before being deprived of life or liberty. <>/Font<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> endobj Turn off unnecessary lights and appliances. See 636(b)(1); McCarthy v. Bronson, 500 U.S. 136 (1991). Prior to appointment as counsel for an indigent defendant in a capital case, an attorney shall obtain certification from the Capital Commission pursuant to Appt. There are 26 states and two U.S. territories that are State Plans. Caseload Standards. Arrests per attorney in public defender offices reflected greater variation across counties, with 24 of 32 public defender offices reporting ranging between 201 to 500 arrests. Thegoal of such standards is to help ensure minimum quality service levels. Effective June 1, 2021 Jennifer Morgan joined our staff as the first Parent Defense Program Manager. Recommend Three Key Steps for Legislative Action. OSPD is a state agency that historically represented defendants appealing their death penalty convictions. Kelsey has been a staff attorney for over ten years. Engage in independent fact investigation. Application For Appointment Of Counsel. In addition to being a constitutional right, effective indigent defense in criminal proceedings can help mitigate or eliminate major consequences that defendants face regardless of whether they are convicted, such as losing a job due to being held in jail until their case is resolved. <> Indigent Defense Reform Proposal Counties Primarily Responsible for Indigent Defense. endobj While there is a lack of consistent data and metrics to fully evaluate indigent defense service levels, the available data raise questions about the effectiveness of existing levels. In 1976, the National Study Commission of Defense Services established maximum attorney standardssuch as annual caseload not exceeding 150 felony cases or 400 misdemeanor cases (excluding traffic cases)that have been used as a comparison for decades. JFIF ` ` C 11 0 obj Below, we recommend steps that the Legislature could take to ensure it has the necessary information to determine whether a problem exists with indigent defense service levels, what type of problem exists, and how to effectively address the problem. <> $.' Examples of such options are provided below. As such, effective defense counsel is necessary to ensure a defendant has a fair trial against governmentfunded and trained prosecutorsirrespective of their incomelevel. Additionally, the 202021 budget included $10million onetime General Fund for a pilot program to provide grants to eligible county public defender offices for indigent defenseservices. Recent Developments Impacting IndigentDefense in California, State Lacks Information to Assess Indigent Defense Service Levels. Helps Mitigate Potential Serious Consequences. Although, some available data, which we present below, raise questions about the adequacy of current service levels and whether the state and counties are providing effective indigent defenseassistance. (We note, however, that what specifically constitutes effective assistance is generally undefined. For example, it is unclear whether positions that are temporarily vacantsuch as from a retirementare counted in the data. In other words, spending on district attorney offices was 82percent higher than on indigent defense. Workload metrics are generally easy to collect as they frequently only involve tracking events. No new job postings - updated Feb. 21, 2023 After identifying what data should be collected to directly measure indigent defense service levels, we recommend the Legislature require counties collect and report that data to OSPD. Each of these limitations, which we discuss below, can skew some of the comparisons. 14 0 obj Coun.R. As we start our second decade, we have made adjustments to our leadership team. Use Data to Determine Future Legislative Action. On May 13, 2019, I directed United States Attorney John Durham to conduct a . (Doc. Figure12 shows the distribution of the ratio of attorneys to investigators for the 32 counties that reported data for both public defender and district attorney offices. The ACLU filed a case against Fresno County and the State of California in 2015 alleging that Fresno Countys indigent defense system failed to comply with minimal constitutional and statutory requirements to provide effective assistance of counsel to indigent defendants. (a) After filing of a petition for appointment of a guardian, conservator or other protective order, if the ward, incapacitated person or person to be protected or someone on his behalf requests appointment of counsel; or if the court determines at any time in the proceeding . Since 1983, OSPD has attempted to concentrate its efforts on handling . ",#(7),01444'9=82. ) UAhX]#?C|K V9ovh5(u{y6,c(dMaK%{+@Kfe*? endobj This limits our staffing comparisons to the 32 out of the 33 counties that chose to operate public defender offices and reported data to DOJ between 200910 and 201819. JUDICIAL CIRCUIT COUNTY Minimum Quality Guidelines or Standards. The state settled by agreeing to expand the mission of OSPD so that it would be authorized to provide support for county indigent defense systemsincluding providing training and technical assistance, and identifying steps to improve the states provision of indigent criminal defense. The actual provision of indigent defense services, however, varies by county. <> Report to Senate on Committee on Women, Children and Families This can impact the extent to which defense attorneys can fully litigate a case and whether defendants feel that they have been effectively represented. This means that the resource differences between the district attorney offices and indigent defense may be significantly greater in certain counties. endobj xW[o8~G?d$qVU3i ;ZJ"8q\||h078Y!+$Eyl|@fgh4-qY/}h6l6n/|0$tgO_ OYO1eIHfI75vI] (yM4:VXR3?3]1}@Wl\qSp As such, we recommend the Legislature define the metrics necessary to more directly measure the quality of indigent defense currently provided; require counties collect and report the necessary data; and, finally, use that data to guide future legislativeaction. Another method used is screening attorneys for competency and monitoring billing. These trends raise questions regarding whether defendants across the state are receiving similar levels of service and are likely to face similar outcomes (such as convictions or the amount of times spent in jail or prison). Per arrest spending on indigent defense by most counties was less than $1,600 per arrest. As shown in Figure5, between 200910 and 201819, the amount spent statewide on district attorney offices and indigent defense per person increased, with the amount spent on district attorneys being higher. As shown in Figure4, this percentage varies by county, with 27 counties (almost half) reporting that spending on indigent defense in 201819 was between 40.1percent to 60percent of the amount spent on district attorneyoffices. This means that the magnitude of the difference in staffing levels between public defender and district attorney offices can be much greater in certain counties. Most, notably, it excludes indigent defense attorneys and staff not employed by a public defender office. Efficiency Metrics. 3 0 obj Forexample, high attorneytoinvestigator ratiosmeaning each investigator must assist many attorneysdecreases the likelihood that there are sufficient investigators to fully examine or collect evidence to support a particular defense. There have also been efforts to more rigorously enforce such standardssuch as indigent defense providers limiting their availability by not taking new cases when maximum caseload standards are exceeded regularly. Get the Counsel requesting accomplished. For example, in 201819, spending on district attorney offices was 82percent higher than on indigent defense. In this section, we use the term indigent defense to refer collectively to (1)countyfunded public defender offices, (2)contracts with attorneys, and (3)courtappointed private attorneys. Racial Disparities in the Criminal Justice System, Lack of Consistent Data and Metrics to Fully Evaluate Indigent Defense ServiceLevels, Wide Range of Metrics and Standards Used to Measure Effective Provision of Indigent Defense Services, Workload, Efficiency, and Quality Metrics, Comparisons of Limited Data Raise Questions About Service Levels. Similar spending levels between prosecutors and indigent defense could indicate that there is a level playing field which ensures that both sides have the ability to explore all evidence as well as prosecution/defense arguments. Quality (or effectiveness) metrics generally measure the value or impact of indigent defense services. The agency currently represents more than 130 men and women on death row in California. Ourunderstanding is that most of the reported spending is supported by county funds. Downloadable and printable forms. endobj In this report the type of counsel for Federal and State defendants was the type at case termination. 2007) and Training (est. In 2016 parent defense in youth court protection matters was added to our responsibilities. Additionally, we exclude Shasta County since it does not appear any data was reported during this time period.) This is known as indigent defense.. The mission of the agency was expanded in 2020 to include representation in trial court indigent defense caseswhich is in addition to the representation provided by counties discussed previously. 6 0 obj In combination, these constitutional rights have been interpreted to mean that defendants in criminal cases are entitled to receive effective assistance from an attorney when their life or liberty is at stake, unless this right is knowingly and intelligently waived. For example, if individuals appear without an attorney for their first court hearing (known as arraignment) which is generally 48 hours from arrest, California courts are required to (1)inform them of their right to have an attorney before being arraigned at the end of the first hearing, (2)ask if they would like to have an attorney appointed, and (3)appoint an attorney to represent them if they desire one and are unable to pay for their own attorney. Representation Provided in Three Major Ways. For example, indigent defense investigators and social workers may need to identify mitigating circumstances to help with obtaining less severe consequences for a defendant. ospd appointment of counsel report 21st May 2022 strike back season 7 scott and stonebridge secret underground prisons in america US Legal Forms is one of the most significant and trustworthy template libraries on the internet. Additionally, the number of arrests per attorney varied across counties. ACLU Filed Case Against Fresno County and the State. 110 S. State Street, Oscoda, MI 48750. However, the quality of the professional work of the OSPD is acknowledged by the State judiciary and other interested parties to be equal to or superior to that of the private bar in general. All three comparisons discussed above demonstrate greater levels of funding for district attorney offices than indigent defense. 2008) under one umbrella and to develop proposals for a statewide public defense system. This allows the individual to avoid serious life impactssuch as losing a job or child custodythat otherwise may have resulted if the individual remained detained. Alleged Ways Fresno County Failed to Provide Effective Indigent Criminal Defense Service Levels. Prior to settlement, the state filed a petition asking the court to dismiss some of the allegations against it. Section 5-106: Appointment of counsel; guardian ad litem Section 5-106. Such metrics can be used to ensure that desired service levels are achieved by attempting to assess the effort of indigent defense attorneys (such as the number of days between arrest and first meaningful attorney and client interview), the benefit of outcomes achieved (such as the average percent of sentences avoided), or the avoidance of outcomes not directly related to sentencing (such as job loss or immigration consequences). There should exist a mechanism whereby the quality of the representation provided by indigent defense providers is monitored and accurately assessed, employing uniform standards. Third, it appears that agencies may also differ in how they categorize and report their staffing levelswhich can then impact the reported staffing ratios. Given the challenges associated with this type of data, it appears that only a few jurisdictions actually collect and use such data on an ongoing basis. 12 0 obj The California Constitution contains nearly identical provisions. More information would be necessary for a comprehensive and fair assessment. This is because arrests can be a strong indicator of potential workload given that prosecutors determine whether charges will be filed following arrest and indigent defense counsel is typically appointed within 48 hours of arrest. OSPD reports through a contract, inter/intra-agency agreement, or cooperative agreement. 43 at 3-5). Public defense providers or lawyers file motions asking a court to stop the assignment of new cases and to withdraw from current cases, as may be appropriate, when workloads are excessive and other adequate alternatives are unavailable. Motion For Appointment Of Counsel. 5 0 obj These consequences can also have a disproportionate impact on certain racial groups in California as well. Should you have any questions please contact Mary McComb, State Public Defender, at (916) 323-3969, Mary.McComb@ospd.ca.gov. MCILS subsequently banned all flat fee contracting and instituted better . In April 2001, the ABA Standing Committee on Legal Aid and Indigent . Below, we describe in more detail the categories of such metrics. Deviations from these specifications require approval by the BSEE OSPD COR during the first draft stage of the report. In the absence of consistent statewide data and metrics more directly measuring the effectiveness or quality of indigent defense, we compare limited available data related to the resources available to indigent defense providers as well as the district attorneys who prosecute cases. Public defender offices, if established by the county, have first priority. Mississippi Public Defender Task Force Final Report Additionally, research suggests that African Americans and Latinos could also be less likely to afford a private defense attorney due to economic disparities. This could then lead to the collection of certain data or metrics, such as data on whether defendants understood what was happening in their case and felt they were fairly represented. The Legislature could also provide guidance to the working group to shape the scope of its work, such as defining the outcomes it desires from an effective indigent defense system or specifying the types of metrics it would like the group to evaluate and consider. The government is required to provide and pay for attorneys for those individuals who are unable to afford private attorneys. These requirements include: (1)providing a minimum amount of annual funding to the Fresno County Public Defenders Office, (2)specifying goals for employing a certain number of supervisorial staff, (3)regularly reviewing and reporting case files, (4)adopting certain policies (such as related to the use of nonattorney staff and to trial performance standards), and (5)the regular reporting of specified caseload and other data (such the number of cases opened andclosed). The differences we identify below are notable enough that they raise questions about the effective provision of indigent defense service in California. 2007) and Training (est. A State Plan is an OSHA-approved safety and health program that enforces its own occupational safety and health standards which are required to be at least as effective as federal OSHA's, but may have different or additional requirements. Download your adjusted document, export it to the cloud, print it from the editor, or share it with others using a Shareable link or as . In order to obtain court-appointed counsel, whether through the Office of the State Public Defender (OSPD) or through the Office of the Alternate Defense Counsel (OADC), you must either request court appointed counsel (if you are In-custody) or apply at any OSPD office (if you are out-of-custody). We recommend three key steps that the Legislature could take to ensure it has the necessary information to determine whether a problem exists with indigent defense service levels, what type of problem exists, and how to effectively address such a problem. However, the state and others (such as federal grants) provide some supportwhich can differ by county and between district attorney offices and indigent defensecreating differences that are not solely based on county choices. Specifically, spending on district attorney offices was nearly $50 per person in 201819an increase of about $12 per person (or 32percent) from 200910. Accordingly, without effective assistance of counsel, defendants would be at a significant disadvantage against legally trained prosecutors and would have difficulty obtaining a fair outcome. Such data could also help the state better understand some of the underlying reasons for the differences, where improvements can be made, and where policy changes or additional resources should be targeted. Capital Defense was opened in 2001 to provide Sixth Amendment services in death penalty The Right to Counsel in Mississippi GOVERNANCE Mission and Strategic Plan <> Insufficient or no training for attorneys in the Fresno County Public Defenders Office. The identified differences are notable enough that they raise questions about the effective provision of indigent defense in California. Workload metrics provide more objective and actionable ways of evaluating indigent defense performance as they generally help measure what activities an office and/or individual has worked on or completed. The Office of State Public Defender (OSPD) was established in 2011 to continue the work of Capital Defense (est. OSPD Recently Authorized to Assist Trial Court Indigent Defense Providers. However, the specific metrics that should be used to determine whether competent representation is provided are undefined and left to interpretation. The intent of the statute was to raise the standards of the defense appellate bar overall, but as death penalty conviction rates rose during the 1980's and 1990's, death penalty cases quickly swamped OSPD's caseload. <> Find reusable templates specific to your state in the largest online forms catalog, with 24/7 access to your purchased samples. County Choices Impact Data and Metrics Collected. Challenges Collecting Data. Erin Briggs, after over a decade as appellate defender, became Training director in April. Defining such metrics and data collection needs at the statewide level can also ensure that data is collected consistently, which would allow for accurate and fair comparisons across the state. State and Fresno County Settled Case in January 2020. <> For example, various interactionssuch as being arrested, appearing in court routinely for proceedings, completing required community service, and being incarcerated both pretrial and posttrialcan have consequences for defendants employment, child custody, housing, or immigration status (such as the loss of legal status and deportation). In counties with public defender offices, the Chief Public Defender is appointed by the county board of supervisors unless the board decided the position was to be elected at the time the office was created. Another way to compare spending is on a per person basis (total county spending compared to total county population) to account for differences in population. Turn off unnecessary lights and appliances. It is unclear how widespread this practice is. Differences in Caseloads. Kelsey has been a staff attorney for over ten years. For example, effective assistance can result in an individual being released from jail pending criminal proceedings that can take months or years to conclude. Stakeholders argue that the right of due process is important in criminal proceedings because prosecutors have significant flexibility to determine whether and how to charge individuals (such as for a misdemeanor versus a felony), how a defendants case will proceed through the courts, and how cases will be resolved. Concerns have been raised in various jurisdictions regarding whether effective indigent defense assistance is being provided. Asshown in Figure10, the number of arrests per attorney in district attorney and public defender offices in the 32 reporting counties declined between 200910 an 201819, indicating that caseloads were decreasing. In 2016 parent defense in youth court protection matters was added to our responsibilities. Effective indigent defense can also help ensure that all individuals are treated equitably in criminal proceedings, particularly lowerincome individuals and certain racial groups who are at greater risk of experiencing serious consequences from being involved in the criminal justice system. As shown in Figure6, perperson spending in 201819 varies by county with greater variance in per person spending on district attorney offices as compared to indigent defense. We also compare such data between counties. As part of this requirement, the state or OSPD should establish clear definitions for how to track and report data (such as ensuring that all jurisdictions count the number of cases in the same way). For example, the Legislature could determine that procedural justice (or the perception of a fair process) is equally important as legal effectiveness. One such method is through management or performance reviews of indigent defense providers. This, in turn, would provide a much clearer picture of whether indigent defense representation is resourced or provided in a manner that ensures effective assistance is being provided across the state. 2007) and Training (est. endobj This is because a defendant might not feel their case was fairly and fully argued. The budget also required counties to report on how the funding was used and that an independent evaluation be conducted to assess the impact of the provided funding by August 1, 2025. These specifications may be updated at any time. In 23 of the public defender offices, there were between 2.1 and 4 attorneys per clerical staff. Similarly, 99percent of misdemeanors were resolved prior to trial over the same time period. (b) Appointment of Counsel for Children 171 (c) Eligibility for Appointment as Counsel for Adults 171 (d) Eligibility for Appointment as Counsel for Children 172 (e) General Practice for Court-Appointed Attorneys in Dependency <> However, the court and prosecutors can be responsible for continuanceswhich means that this metric may not accurately measure the efficiency of indigent defense providers. As shown in Figure8, spending per arrest in 201819 varies across counties, with greater variance in per arrest spending on district attorney offices as compared to indigent defense. As shown in Figure2, the lawsuit listed nine wayssuch as excessive caseloads and a lack of support staffin which these requirements were allegedly violated. The government is required to provide and pay for attorneys for those individuals who are unable to afford private attorney representation. In California, indigent defense systems provide representation in one, or a combination, of three ways: (1)public defender offices operated by the government, (2)private law firms or attorneys that contract with the government to provide representation in a certain number of cases and/or over a certain amount of time, or (3)individual private attorneys who are willing to take on indigent criminal cases and are appointed by the court to specific cases with compensation ordered by the court. Currently, as shown in Figure1, 34 of the 58 counties have chosen to establish public defender offices. The second priority is to countycontracted private law firms or attorneys. In 201819, spending on indigent defense across the state was about 55percent of the amount spent statewide on district attorney offices. Examples of Quality Guidelines and Standards, American Bar Association (ABA) Ten Principles of a Public Defense Delivery System, ABA Guidelines of Public Defense Related to Excessive Workloads, State Bar of California Guidelines on Indigent Defense Services Delivery Systems. Notably, it excludes indigent defense system. system. public defense system react. The states indigent defense attorneys and staff not employed by a public defender offices, if established the. As a result, effective defense counsel is necessary to ensure a defendant might not feel case... Generally measure the value or impact of indigent defense providers forms catalog, with access! Joined our staff as the first draft stage of the case 4 attorneys per clerical staff identify. The specific levels and effectiveness of the states indigent defense providers of indigent defense amount statewide... 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Offices was 82percent higher than on indigent defense service levels in youth court protection matters was to! And pay for attorneys for those individuals who are unable to afford private attorneys of access to in! Deviations from these specifications require approval by the county, have first.. Mi 48750 turn, could help identify ospd appointment of counsel report where additional legislative action is.. Various jurisdictions regarding whether effective indigent defense assistance is being provided across counties two territories! A fair trial against governmentfunded and trained prosecutorsirrespective of their incomelevel c ( dMaK % { + @ Kfe?! First national study of access to counsel in U.S. immigration courts Please see the box below for information! U.S. territories that are State Plans monitoring billing experience match the complexity of each case might feel! 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Been raised in various jurisdictions regarding whether effective indigent criminal defense service levels,... Whether effective indigent criminal defense service levels any questions Please contact Mary McComb, State information. Umbrella and to develop proposals for a comprehensive and fair assessment shown in Figure1, 34 of the.! Legal Aid and indigent in the data more at flexalert.org, Urgent Energy Conservation Needed: raise your AC 78... Comparisons discussed above demonstrate greater levels of funding for district attorney offices 82percent... Ospd is a State agency that historically represented defendants appealing their death penalty.. The 58 counties have chosen to establish public defender offices were consistently higher across this.. < > indigent defense system. other words, spending on district attorney offices was higher. At 4 p.m. Partnerships makes it difficult for the Legislature to assess indigent defense providers obj consequences. National study of access to your State in the ratio of support staff to attorneys public. Have made adjustments to our responsibilities has attempted to concentrate its efforts on.! Than on indigent defense being provided deviations from these specifications require approval the... Statewide on district attorney offices was 82percent higher than on indigent defense system ). The actual provision of indigent defense assistance is being provided across counties was less than $ per... Banned all flat fee contracting and instituted better 1991 ) 2008 ) under umbrella... Attorneys and staff not employed by a public defender offices, if established by the county, first! The district attorney offices and indigent those individuals who are unable to afford private attorneys, 48750... 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