By Lindsay Bass-Patel.

Since 2019, Harris County, Texas, the third largest urban jurisdiction in the United States, has eliminated a required cash bail schedule for misdemeanors, as a result of the ODonnell v. Harris County settlement. Instead, most people arrested for misdemeanors are now entitled to be released promptly without a hearing. People charged with misdemeanors that potentially present public safety risks (e.g., repeat DWIs, family violence, prior bond violations or outstanding warrants) are not automatically released, but they receive a bail hearing, where they are represented by a public defender. This report analyzes how the system has changed after these misdemeanor-focused changes were enacted, including public safety outcomes; shares accounts of people experiencing the system since these changes; and examines how these changes can guide other jurisdictions. Looking at the period before the new bail policies (2015-2019) and the period since the institution of the new bail policies (2019-2024),

Durham, NC: The Wilson Center for Science and Justice at Duke Law, 2025. 31p.

By Andrew Howard

Almost every county in the United States elects its chief Prosecutor, but the chief Public Defender, if there is one, is generally an appointed position. In four states, however, some or all of the Public Defender offices have elected leaders. Although prosecutorial elections have been heavily studied and criticized, relatively little attention has been paid to the elections of their counterparts. This Note sheds light on how Public Defender elections impact a criminal justice ecosystem. A series of interviews with elected Public Defenders reveal these elections can enhance the independence and stature of the position. Additionally, the interviews and additional research rebut the primary criticism of these elections: that voters may elect someone who wanted to work against indigent defendants. There are simply very few examples relative to the many counties that have these elections. These qualitative findings are supported in part by further quantitative analyses. First, this Note found a correlation of increased Public Defense experience amongst the state judiciary in jurisdictions where there the chief Public Defender is elected. Second, this Note found a correlation between these elections and increased salary parity between Public Defenders and Prosecutors in the same state.

Accordingly, this Note argues that some counties should explore making their chief Public Defender an elected position. While far from a panacea for the many issues facing the American criminal justice system, these elections could help enhance the quality of indigent defense where implemented.

Columbia Human Rights Law Review, 2020, 40p.

By The U.S. Commission on Civil Rights, Arkansas Advisory Committee

On January 19, 2024, the Arkansas Advisory Committee to the U.S. Commission on Civil Rights adopted a proposal to study the right to counsel for indigent defendants in Arkansas. The focus of the Committee’s inquiry was to examine the role public defenders play in ensuring equal protection of the laws in the administration of justice. The Committee considered public investment and funding available to support the right to counsel for those who cannot afford it and the impact such counsel (or the lack thereof) may have on persistent disparities throughout the criminal justice system based on race, color, sex, disability, and national origin.

Washington, DC: USCCR, 2024. 27p.