30 Years In Review

The year 2005 marked the 30th Anniversary of the
 Division of Public Defender Services. 

1975

Connecticut has actually had a statewide public defender system (the first in the country) since 1917, consisting at that time of a single public defender appointed by the Judges of the Superior Court in each of the eight counties. Although the number of such public defenders increased over the years, we remained under the control of the judges until Public Act 74-317 (An Act Concerning A Public Defender Services Commission) established the Division as a separate and autonomous agency on October 1, 1975.

This legislation, which passed both houses of the General assembly unanimously, included many of the features recommended in the ABA Standards for Providing Defense Services (e.g., statewide system with a governing board and chief defender; professional independence from the judiciary; full-time attorneys with a prohibition on private practice; salary parity with prosecutors; private bar participation; investigator and support services; payment of the expenses of defense; training and development). While some changes have been made to the statute over the years, it was then and continues to be an outstanding model of public defender legislation.

According to the 1975 Annual Report, the Division started with a staff of 87 employees and a total budget of $2 million. This included 59 attorneys (44 full-time & 15 part-time), 13 investigators, and 15 clerical assistants, all of whom were "grandfathered" in to the new agency. In 1976 the Commission created the federally-funded position of Chief of Legal Services within the Office of Chief Public Defender. The position of Habeas Corpus Attorney was also created in 1976 to centralize responsibility for habeas corpus matters. In 1976 Monsignor William Genuario was first appointed as a member of the Commission, a position he has held for 24 consecutive years.

Although the statute gave the Commission responsibility for providing representation in juvenile delinquency matters, there was no money in the budget at the time to pay the private attorneys who handled these juvenile cases, and no public defenders to assume that role. Eventually three were hired for the largest juvenile venues in Hartford, New Haven and Bridgeport.

In 1977 the Commission created the position of Chief Investigator and appointed the Division’s first Chief Investigator. By 1978-79 the Division’s budget was up to $3 million (a 50% increase from 1975-76) and considerable progress had been made in addressing the Division’s needs. However, caseloads were still a concern, SPD rates remained at 1960 levels ($12.50 per hour), and 13 offices had no investigator.

An interesting item in the 1978 Annual Report was a recommendation of the Commission for legislation to allow public defenders to determine eligibility and undertake representation of persons in custody prior to appointment by the court. Coincidentally, the Office of Chief Public Defender proposed this same legislation again in 1995, at which time it was enacted as Public Act 95-261.

By 1980, investigative and other support services were identified as "the most glaring and widespread shortcoming in defense services". By then we were up to approximately 80 attorneys, but support staff had not kept pace and there were still 13 offices with no investigator, numerous positions "shared" between offices, and a shortage of clerical staff. The disparity in support staffing with the state’s attorneys’ offices is mentioned repeatedly! Although incremental increases in staff were obtained through a combination of state and federal funding, year after year the Annual Reports read like a desperate cry for additional help. Lack of funding to increase Special Public defender fees was also a recurring theme. On a positive note, the Division had begun to build its social worker program during this period with a staff of 2 social workers!

In 1983 special public defender hourly rates were increased for the first time in 20 years ($15 out-of-court/$20 in-court) and contracts with individual special public defender services were introduced. Rates were again increased in 1984 ($20/$25), where they were to remain for 15 more years.

In 1984 attorneys in the Division ventured for the first time into death penalty defense, successfully obtaining a life sentence in the penalty phase of the state’s first post-Furman capital jury trial. That year the Connecticut Supreme Court also decided Gaines v. Manson, 194 Conn. 510, holding that the seven petitioners had established unjustifiable and extensive delays in their appeals owing to understaffing of the public defenders office, and remanding the cases for the trial court to fashion appropriate remedial orders. On remand, special public defenders were appointed to handle a portion of the 190 appeals that were assigned to the Division’s 5 appellate attorneys at the time.

Continued improvement in the quality of representation through a comprehensive training program, an information system to measure the system’s effectiveness in representing clients, and realistic support services (expert witnesses, alternative sentence planning, social workers); Reduction of appellate backlog; Increased representation of women and minorities in the Division’s professional staff; and, administrative support through computerization, specialized administrative staff, and establishment of a centralized trial unit. Over the next 15 years, virtually all of these goals would be achieved.

In fact, 1985 was marked by the creation of the Trial Services Unit (now the Capital Defense & Trial Services Unit) to provide representation in conjunction with the J.D. offices in death penalty and other complex felony cases; appointment of the Division’s first Chief Social Worker; publication of the first issue of Discovery; the beginning of computerization; and, the introduction of performance reviews for attorneys.

In 1986 the Division received a $50,000 Justice Assistance Act grant to place contract social workers in Hartford, Bridgeport, New London and New Britain. This marked a significant step in the effort to ultimately provide every office with a social worker. That year also saw the advent of representation of clients before the Psychiatric Security Review Board.

In 1987 five teams of attorneys and social workers were also added under the Anti-Drug Abuse Act of 1986. About 1/3 of all field offices had computers by year end.

In the period from 1984-85 to 1988-89 the Division experienced the greatest increase in adult caseloads in its history. Caseloads in the J.D.s increased 80% (from 3300 cases to 6150 cases), while attorney and support staff increased by only 25% and 18% respectively. Likewise, G.A. caseloads increased by 79% (from 52,000 cases to 94,000 cases!), while staff increased by only 42%. This trend marked the biggest challenge that the Division would face.

By 1990-91 the Division’s budget was up to $13 million and a staff of 260, but, as the above figures indicate, we were handling more cases at that time with significantly fewer personnel than we have today. Fortunately caseloads began to level off in 1990. Nevertheless, the average annual caseload was 150 cases per J.D. attorney and 1200 cases per G.A. attorney. The State’s Commission to Study Management of State Government ( the "Thomas Commission") concluded that "[c]urrent attorneys in the G.A. courts are so overloaded with cases that…more attorneys may need to be added to… avoid a constitutional challenge to the system in the federal courts". About this same time juvenile caseloads were beginning to increase, and incoming appeals and habeas corpus petitions were steadily on the rise.

In 1991 the Commission appointed the Division’s first full-time Director of Training. This marked the advent of the expansion of the Division’s training program toward the level that it has reached today.

By 1992-93, during the State’s "lean" budget years, authorized staff was actually reduced to 249 personnel. That was the same year in which the legislature mandated the institution of the $25 reimbursement program and cost sharing for transcripts with the Division of Criminal Justice. Lack of funding for computerization also restricted and delayed new projects. Attorneys were also required to take unpaid "furlough days" to make up for budget deficiencies. It was, overall, not a very good period for any state agency.

In 1993-94 staffing levels returned to their 1989-90 level, following several years of reductions. However, this trend was reversed in the 1994 legislative session, when 17 new positions were approved. A budget of $16 million was approved for 1994-95.

In 1995 the Connecticut Civil Liberties Union and the ACLU brought suit against the new Governor and the Public Defender Services Commission for alleged failure to adequately fund public defender services. Cited in the complaint were excessive caseloads, lack of resources and inadequacy of compensation for special public defenders. In the intervening years, significant progress was made toward addressing these issues, as well as achieving many additional goals.

Also during this period, while Rivera v. Rowland, et.al. was pending, 11 new positions were approved by the legislature for 1995-96. During the 1997 session, an additional 20 positions were also approved. Additional new federal grant funding enabled the Division to staff juvenile offices that had previously been covered by contract attorneys.

A partnership was formed with Quinnipiac School of Law and the Criminal Appellate Clinic was created. The Commission also adopted Guidelines On Indigent Defense. In 1997 habeas corpus operations were separated from the Legal Services Unit and a new Habeas Corpus Unit was established. In 1998 the Psychiatric Defense Unit was also created and operations began at Connecticut Valley Hospital.

In 1998 the Capital Defense & Trial Services Unit received the ABA and NLADA Clara Shortridge Foltz Award for outstanding achievement in providing criminal defense services to the poor. The Office of Chief Public Defender also received the CBA’s Sue L. Wise Gender Equity In The Profession Award. In 1999 employees of the Division debuted their own original musical production, Real Lawyer, at the Annual Meeting.

In 1999 a settlement agreement was reached in Rivera. When all was said and done, $6.8 million and 55 additional new positions had been added to our budget. The Commission adopted a variety of new policies, including Caseload Goals, training requirements and minimum qualifications for special public defenders. The position of Director of Special Public Defenders was established and, for the first time in 15 years, special public defender compensation rates were increased. Training programs were significantly expanded and enhanced, and computer resources swelled throughout the Division. In consideration of all of these enhancements, the CCLU withdrew its lawsuit on August 3, 1999.

Given where we started and how far we’ve come, there is truly cause for celebration in our 25th year. We can be proud of our accomplishments, as well as grateful to all who have contributed over the years to making the Division what it is today.

With funding from the federal Juvenile Accountability Incentive Block Grant, the Division completed its first full year of operation of newly established Juvenile Post-Conviction & Re-Entry Unit. The Unit was created in order to meet our responsibility to continue to represent delinquent children during any period of commitment to the Department of Children and Families. The goal of the Unit is to maximize the clients’ successful reintegration into school, family and the community.

The Psychiatric Defense Unit continued to be a viable legal force in advocating for the rights and interests of mentally ill clients before the courts and the Psychiatric Security Review Board. These individuals, who are under supervision by virtue of having been found not guilty of a crime by reason of insanity, are assisted in reducing their level of security, earning furloughs from the state hospital, being approved for community release and ultimately being discharged from their commitment.

Due to the State’s budget crisis, the Division was forced to institute a layoff of attorneys for the first time in its history. By mid-year, these attorneys and a comparable number of support staff were recalled to replace 20 long term employees who retired under the Early Retirement Incentive Program.

The Division announced the establishment of The Connecticut Innocence Project, a volunteer project to identify innocent persons who have been wrongfully convicted and secure their release from Connecticut prisons based upon newly discovered evidence.

Members of the Division, in cooperation with members of the private bar, pursue extraordinary legal procedures all the way to the United States Supreme Court in an effort to stop Connecticut’s first execution of a death row inmate in 45 years. In the end, the execution occurs after a finding that Michael Ross was competent to waive his appeals and volunteer to be executed.