Providing Counsel at First Appearance in a Semi-Rural County

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Providing Counsel at First Appearance in a Semi-Rural County




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Presentations text content in Providing Counsel at First Appearance in a Semi-Rural County

Slide1

Providing Counsel at First Appearance in a Semi-Rural County

Kirstin A. Morgan, Andrew Davies, and Alissa

Pollitz

Worden

American Society of Criminology meeting

San Francisco, November 21, 2014

Slide2

Literature

Counsel at First Appearance in Law

Rothgery

v. Gillespie County, TXNY Criminal Procedure Law section 170.10(3)Counsel at First Appearance in RealityHow often is counsel present in your court? (n=1,045 responses)

Slide3

Literature

Impact of Counsel at First Appearance

2 leading (‘experimental’) studies

All took place in larger, more urban jurisdictions

Palm Beach Co., FL (West Palm Beach)

Shelby Co., TN (Memphis)

Baltimore City, MD (Baltimore)

Passaic County, NJ (Patterson)Our county………………………………………..…………

(1) Fazio et al. 1985

(2) Colbert et

al. 2002

Pretrial

detention

(reduced time)

(reduced rate)

Bail outcomes

 (perceived better decision)

 (reduced

amount set)

Speedier

processing

 (pretrial release, disposition)

Improved case outcomes

 (dismissals, charges,

incarc

.)

Slide4

County Court System

Federated court system

Arresting agency must take arrestees to the nearest magistrate

Often a town or village court judge

No predictable first appearance times or locations

Counsel absent at practically 100% of off-hours hearings

Magistrates

Detention

Always

elected

Lack of facilities

Most non-lawyers with limited training from OCA

Magistrates must be woken up at all hours

Slide5

Current Study

Examines

the provision of counsel at first appearance in two courts in a semi-rural New York county

Slide6

Current Study

Examines

the provision of counsel at first appearance in two courts in a semi-rural New York county

Slide7

Providing counsel at first appearance

Natural pre and post division in the cases that we utilized to examine the effects of counsel at first appearance

Slide8

Data Collection

Multiple trips made to the County Public Defender’s Office over two year period

defendant demographics, jurisdiction info, case outcomes at all stages, charge info, and case processing time

Matched to DCJS criminal history data to allow control for prior criminal justice system involvement

Interviewed defense attorneys on CAFA & their thoughts on the off-hours first appearance sessions

Slide9

Data & Methods

N = 121

Pre = 66; Post = 55

10 measures of interest employed4 case outcome variables; 8 predictor/control variablesSome early case outcomes used to predict later case outcomes

Logistic regression

Multivariate models

Slide10

Analyses

Slide11

Sample Descriptives

Pre

Post

Total

Total

66 (55%)

55 (45%)

121

Race-Ethnicity

White

48

(72%)

44 (80%)

92 (76%)

Other

18 (27%)

11 (20%)

29 (24%)

Sex

Female

9 (14%)

7 (13%)

16 (13%)

Male

57 (86%)

48 (87%)

105 (87%)

Age

(average)

30

35

32

Slide12

First Appearance Outcome

Variables

B

SE

Counsel at First Appearance

1.278*

0.553

Race-Ethnicity

-0.185

0.529

Judge

at First Appearance

-0.862

0.573

Felony Charge

-0.962

0.509

Prior Arrest

-0.625

0.524

Prior Conviction

-1.033

0.598

*p < .05

Slide13

Bail Amount

Variables

B

SE

Counsel at First Appearance

-1.978**

0.735

Race-Ethnicity

1.082

0.597

Judge

at First Appearance

2.187**

0.760

Felony Charge

1.776**

0.639

Prior Arrest

-0.255

0.559

**p < .01

Slide14

Days Spent in Pretrial Detention

Variables

B

SE

Counsel at First Appearance

1.259

0.679

Race-Ethnicity

0.352

0.574

Judge

at First Appearance

-0.319

0.704

Bail

Amount

-1.722**

0.541

Felony

Charge

-0.189

0.609

Prior Arrest

-1.318*

0.590

*p < .05, ** p < .01

Slide15

Sentence Outcome-limited models

Variables

B

SE

Counsel at First Appearance

-0.462

0.473

Race-Ethnicity

-0.257

0.589

Days

in Detention

1.238*

0.478

*p < .05

Variables

B

SE

Counsel at First Appearance

-0.473

0.466

Race-Ethnicity

-0.275

0.584

First

Appearance Outcome

1.121*

0.474

Slide16

Sentence Outcome-full model

Variables

B

SE

Counsel at First Appearance

-0.563

0.566

Race-Ethnicity

-0.362

0.683

Days in Detention

0.849

0.567

Violent Charge

-0.372

0.622

Felony

Charge

-2.411***

0.681

Prior Conviction

-2.223**

0.751

**p < .01, *** p < .001

Slide17

Results

Slide18

Conclusions

Provision of counsel at first appearance matters!

Release and bail decisions

Judge A set higher bails, which in turn increased the time spent in pretrial detention

Having both CAFA and Judge A involved opposite effects on early outcome variables

At the point of sentencing neither had any significant influence over outcome

Slide19

Policy Implications

Slide20

Providing Counsel at First Appearance in a Semi-Rural County

Kirstin A. Morgan, Andrew Davies, Alissa

Pollitz

Wordenkmorgan@albany.edu

THANK YOU!


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