U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics

Revised 10/23/2014

TECHNICAL REPORT

July 2014, NCJ 246683

Indigent Defense Services in the
United States, FY 2008–2012 – Updated
Stephen D. Owens, Elizabeth Accetta, Jennifer J. Charles,
and Samantha E. Shoemaker, U.S. Census Bureau

Background
The Sixth Amendment to the U.S. Constitution states that all
persons accused of a crime have the right to counsel in their
defense. Explicitly, the Sixth Amendment states that—
In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of
the state and district wherein the crime shall have been
committed, which district shall have been previously
ascertained by law, and to be informed of the nature
and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process
for obtaining witnesses in his favor, and to have the
assistance of counsel for his defense.1
Over the legal history of the United States, the Supreme
Court has ruled that the Sixth Amendment requires the
levels of government to provide counsel to persons accused
of crime who cannot afford to hire a lawyer. The right of
appointing counsel applies to the federal government from
the Sixth Amendment and to the state governments under
the due process clause of the Fourteenth Amendment.
To comply with the U.S. Supreme Court’s directives,
state governments have established a range of indigent
defense services.
Indigent defense methods of administration and operation
vary by state. Some states administer all programs at the
state level (i.e., state run), some administer all programs at
the county level, and some have a hybrid delivery system
in place. The operation and funding of indigent defense
programs also varies by state. In some states, all funding
is provided by the state (i.e., state funded), while in other
states, funding is a shared responsibility among state and
local governments. The Commonwealth of Pennsylvania is
the only state that leaves the entire responsibility for funding
indigent defense to the local governments, in particular,
to counties.
1U.S.

Const. amend. XI.

This report describes the indigent defense system for each
state and the District of Columbia, including information
on administration, methods of operation, and funding. It
provides both direct and intergovernmental indigent defense
expenditures of state governments for fiscal years 2008
through 2012, and it presents local government expenditures
aggregated at the state level. The report uses administrative
data from the U.S. Census Bureau’s Government Finance
Survey and available data from state government budget and
appropriation documents.
State government data used in this report along with
total state government judicial-legal expenditures are also
presented in the BJS report, State Government Expenditures,
FY 2008–2012 (NCJ 246684, BJS web, July 2014).

Methodology
Legal research
The information presented in each state’s section was
collected by searching for the authorizing statutes in each
state and basic research on the programs’ websites. The
information gathered includes each state’s indigent defense
program information, responsibility at each government
level for both the administration and funding, and the
board composition.
Obtaining expenditure data
State government expenditures were obtained from a
database query of the data from the U.S. Census Bureau’s
Annual Survey of State Government Finances. A significant
portion of the expenditure data for this survey was
collected from administrative records provided by each
state government. A query of the database on keywords of
descriptions provided the initial collection of expenditures.
On the rare instance when detail was unavailable, an
external source was consulted to obtain actual data. (See
appendix table 1 for state government indigent defense
expenditures by state for fiscal years 2008 through 2012.)

Depending on the state’s organization, expenditures for
retirement and other benefits for employees may not be
included. (See appendix table 2 for a summary of which state
expenditures include retirement benefits.) This is largely due
to the state having a centralized agency that reports retirement
benefits for the entire state government. Because it is a central
agency, the detail provided does not separate each payment by
government agency, leaving these expenditures unavailable.
To obtain local government expenditures, a query similar to
that of state expenditures was run from the Annual Survey
of Local Government Finances when available. Some states
have worked with the Census Bureau to establish central
collection agreements in the form of administrative record
data for each local government. In other cases, larger local
governments provided the Census Bureau with administrative
records similar to the state government records. In these
cases, the Census Bureau was able to query the database on
keywords of descriptions. In instances in which only specific
local governments were responsible for indigent defense
expenditures, an external source was used.
Comparing Census Bureau data to an external source
To determine the accuracy of data presented from the Annual
Survey of State Government Finances, the Census Bureau
compared these data to information provided by external
sources, including state budgets, state comprehensive annual
financial reports, agency reports, and appropriation bills.
This enabled the Census Bureau to compare actual reported
expenditures from a state source and expenditures queried in
the Census Bureau database.
Appendix table 2 provides a summary of each external
source, whether the external amounts were appropriated
or actual amounts, and the percentage difference between
Census Bureau data and external amounts. The year used for
comparison was fiscal year 2011. The tables provided in the
report also show external amounts for each fiscal year from
2008 through 2012. Appendix A provides a brief summary of
the causes for disparity between external amounts and Census
Bureau data.

Alabama
Office of Indigent Defense Services (est. 1975)
Code of Alabama § 12-19-252; 15-12-1
Alabama’s Office of Indigent Defense Services provides a
state-run indigent defense system. It is located within the state’s
Department of Finance and is administered by a director.
The Office of Indigent Defense Services provides services to
defendants in criminal or juvenile proceedings in the trial
and appellate courts of the state, including parents of children
during termination of parental rights hearings.
Alabama imposes a Fair Trial Tax to fund the expenses of
providing indigent defense in the state. If the proceeds from
the tax fail to cover the cost of services, the legislature may

annually appropriate the necessary amount from the state
treasury’s General Fund. Some counties are authorized to
impose a court cost for defender services. In these counties,
the county funds defender services from the revenues of the
court cost, and the state pays a reasonable share of the cost of
maintaining such an office, as determined by the director.
Local administration
Code of Alabama § 15-12-1
In each judicial circuit in the state, a voluntary indigent
defense advisory board is comprised of five members,
including the presiding circuit judge, the president of the local
circuit bar association, and three attorneys appointed by the
bar commissioner(s) for that circuit. Each board is responsible
for determining the permitted method or methods of indigent
defense services in the circuit. The methods include one or a
combination of the following: use of appointed counsel, use of
contract counsel, and use of public defenders. In circuits where
a public defender office is established, the director appoints a
public defender for said circuit. The public defender may hire a
deputy director and staff. A public defender may represent
defendants in municipal court at the request and consent of a
municipal governing body. The municipality reimburses the
office for these services. The director approves the operating
expenses, salaries, benefits, and overall budget of each office in
advance.
Table 1
Alabama state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Alabama*
$67,749
$47,000
66,895
41,000
63,702
40,371
65,197
40,190
59,707
40,255

*Amounts are appropriations.
Sources: State of Alabama, Executive Budget; and U.S. Census Bureau, Annual Survey
of State Government Finances, FY 2008–2012.

Alaska
Public Defender Agency (est. 1969)
Alaska Stat. § 18.85.010 through 18.85.080
The Public Defender Agency, located in the state’s Department
of Administration, serves the needs of indigent defendants
in the State of Alaska. A public defender appointed by
the governor, subject to confirmation by the legislature,
administers the agency. The public defender may appoint
individuals and delegate responsibilities to carry out the
functions of the agency. The public defender may use
appropriations to contract private attorneys to provide services
to indigent defendants. Currently, 13 offices are located
throughout the state to help provide these services.

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The court may determine indigence for an individual who
is charged with a serious crime; is entitled to representation
under the Supreme Court Delinquency or Child in Need of
Aid Rules; is isolated, quarantined, or required to be tested
under order for disease control and threats to public health;
or against whom commitment proceedings for mental illness
have been initiated. The Public Defender Agency is comprised
of four divisions to provide various services:
„„The Criminal Division provides representation to

individuals charged with felony and misdemeanor offenses,
from arraignment through trial and sentencing, including
felony and misdemeanor petitions to revoke probation.

„„The Civil Division is responsible for Child in Need of Aid

cases, and represents minors in juvenile delinquency cases
and individuals subject to civil commitment proceedings.

„„The Appellate Division handles appeals statewide for

criminal cases, Child in Need of Aid cases, and juvenile
delinquency cases. It also handles post-conviction relief
applications and parole hearings.

„„The Administrative Section provides statewide

administrative services and support to the agency’s
13 offices.

Alaska Office of Public Advocacy (est. 1984)
Alaska Stat. § 44.21.400 through 44.21.470
The Office of Public Advocacy, located in the state’s
Department of Administration, oversees indigent defense in
cases where the Public Defender Agency has a conflict.
Although the office also serves several other functions,
including public guardianship and civil prosecution of persons
accused of defrauding indigent senior citizens, approximately
65% of the office’s budget is dedicated to indigent defense.
Table 2
Alaska state government indigent defense expenditures,
FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Alaska*
$31,521
$31,948
33,232
33,830
35,198
35,960
37,370
38,445
40,036
40,856

*Amounts are actual expenditures.
Sources: Governor’s Operating Budget, Department of Administration Public
Defender Agency Component Budget Summary; and U.S. Census Bureau, Annual
Survey of State Government Finances, FY 2008–2012.

Arizona
Public Defender Training Fund
Ariz. Rev. Stat. Ann. § 12-117
The Arizona Supreme Court administers the Public Defender
Training Fund to provide monies for public defender training.
Funds are distributed to county public defender offices in
proportion to the number of felony cases assigned to that office
in the previous fiscal year.
State Aid to Indigent Defense Fund (est. 1999)
Ariz. Rev. Stat. Ann. § 11-588
County funds and court-ordered administrative assessments
and reimbursements are appropriated to finance indigent
defense services. A county may be reimbursed for expenses
incurred to provide public defender services to municipal
courts or agencies not under the jurisdiction of the county.
The State Aid to Indigent Defense Fund, administered by
the Arizona Criminal Justice Commission, provides state aid
to the county public defender, legal defender, and contract
indigent defense counsel for the processing of criminal cases.
The fund consists of monies collected by the Arizona Supreme
Court and Arizona Court of Appeals to pay for filing fees,
surcharges on certain fees, and penalties for criminal and some
civil offenses.
State Capital Postconviction Public Defender Office
The State Capital Postconviction Public Defender Office in
Arizona was abolished in 2012. The office was responsible for
providing representation to indigent persons convicted of the
death penalty in post-conviction relief proceedings in the state
court. The state capital post-conviction public defender was
appointed by the governor.
Table 3
Arizona state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Arizona*
$2,611
$1,927
2,447
1,745
2,188
1,902
2,155
2,099
1,378
1,408

*Amounts are actual expenditures. Amounts for the Public Defender Training Fund
were not available for fiscal years 2008–2009.
Sources: State of Arizona Executive Budget, State Agency Budget; and U.S. Census
Bureau, Annual Survey of State Government Finances, FY 2008–2012.

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„„maintain for each judicial district a current list of private

Local administration
The board of supervisors in a county may establish an office
of the public defender and appoint said public defender. A
public defender may appoint deputies, with the consent of the
board of supervisors and other personnel. The public defender
is responsible for submitting an annual report to the board
of supervisors on its activities. Services may be provided for
defendants facing offenses triable in the state superior court or
justice courts at all stages of proceedings, extradition hearings,
mental disorder hearings, involuntary commitment hearings,
juvenile delinquency and incorrigibility proceedings, appeals
to the higher courts, all juvenile proceedings other than
delinquency and incorrigibility proceedings, and all mental
health hearings regarding release recommendations held
before the psychiatric security review board. Services may be
provided by court-appointed counsel or public defenders in
counties that have established such an office.
The City of Phoenix and Maricopa County provided data to
the Census Bureau.
Table 4
Arizona local government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
Maricopa County
City of Phoenix
$81,138
$4,484
83,827
4,527
82,603
4,350
83,525
4,475
86,522
…

…Not available.
Source: Maricopa County and the City of Phoenix Budget Publications,
FY 2008–2012.

Arkansas
Arkansas Public Defender Commission (est. 1997)
Ark. Code Ann. § 16-87-201 through 16-87-218
While counties in Arkansas have responsibility for some
indigent defense expenses in the state, the Arkansas Public
Defender Commission is primarily responsible for these
services. The commission has the power to—
„„establish policies and standards for the public defender

systems throughout the state, including standards for
determining who qualifies as an indigent person

attorneys who are willing to accept court appointments
and who meet any other qualifications established by
the commission

„„maintain a separate list of private attorneys who are willing

to accept court appointments in capital cases and who meet
any other qualifications established by the commission.

The Trial Public Defender Office, under the Public Defender
Commission, supervises the Arkansas trial public defender
system’s development and operation of rules, regulations,
and standards for governing that have been adopted by the
commission. The commission’s Capital, Conflicts, and Appellate
Division provides legal services to indigent defendants in capital
and appellate cases, and cases in which local public defenders
have a legal or ethical conflict. County or regional public
defender offices are located in each of the state’s 23 judicial
districts. Some districts have more than one office. Additionally,
the commission has established conflict offices around the state.
The commission has seven members appointed by the governor.
At least four members of the commission must be attorneys who
are licensed to practice law in the State of Arkansas and
experienced in the defense of persons accused of crimes. At least
one member of the commission must be a county judge, and at
least one member must be a trial judge who hears criminal
cases. No more than two members of the commission are
residents of the same congressional district, and no two
members of the commission are residents of the same county.
The state assumes most of the obligation for funding indigent
defense throughout the state, except for small county
contributions toward running the county offices.
Table 5
Arkansas state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Arkansas*
$28,744
$19,124
22,395
19,841
29,795
20,934
34,277
21,496
37,600
23,372

Note: Due to lack of details in the state budgets, data only reflect expenses of the
Arkansas Public Defender Commission and do not include other court expenses
(e.g., conflict cases).
*Amounts are actual expenditures.
Sources: Arkansas State Budget Publications, FY 2008–2012; and U.S. Census Bureau,
Annual Survey of State Government Finances, FY 2008–2012.

„„establish policies and standards for the organization and

operation of public defenders’ offices throughout the state,
including funding, compensation, staffing, and standards of
experience for attorneys assigned to particular cases

„„allocate personnel for each public defender’s office

throughout the state, and approve the reassignment of cases
from one public defender to another public defender in
an adjacent area for the purpose of avoiding conflicts or
adjusting caseloads

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California
Office of the State Public Defender (est. 1796)
Cal. Gov. Code § 15400
California has a state public defender, who is appointed by the
governor and subject to confirmation by the state senate. The
state public defender may employ deputies and other personnel
and may establish and operate offices to provide indigent
defense services. The state public defender may contract with
county public defenders, private attorneys, and nonprofit
corporations to provide services. The primary focus of the state
public defender is post-conviction appellate representation in
death penalty cases. The state public defender is funded from
the state’s General Fund.
Habeas Corpus Resource Center (est. 1998)
Cal. Gov. Code § 68650
The State of California’s Habeas Corpus Resource Center,
located in the judicial branch of the state government, provides
attorneys to indigent persons convicted and sentenced to death
in state and federal court post-conviction actions. The center
is governed by a board of directors and an executive director,
who is selected by the board of directors and confirmed by the
state senate. The California Supreme Court appoints attorneys
of the center, which reports annually to the state legislature,
governor, and state supreme court.

defense services. The county receiving the loaned deputy
public defender reimburses the county that provides services.
A board of supervisors may also authorize the reciprocal or
mutual assistance agreements with the state public defender.
The county or counties is responsible for office expenses. A
public defender will annually submit a report to the board(s)
of supervisors on its activities and finances. Indigent defense
services may be provided at all stages of legal proceedings to a
defendant charged with any contempt or offense triable in the
superior court, or in any civil litigation in which a defendant is
being persecuted or unjustly harassed.
California is the only state for which the Census Bureau did
not receive an electronic source. As a result, the expenditures
for this state were compiled using the State of California
Governor’s Budget. Amounts reported are actual expenditures.
Table 6
California state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

*Amounts are actual expenditures.
Source: State of California Governor’s Budget, FY 2008–2012.

California Appellate Project (est. 1983)
The California Appellate Project provides representation to
indigent persons in death penalty appeals and other criminal
appeals before the California Supreme Court. In addition, the
project provides representation to indigent persons in criminal,
juvenile delinquency, and juvenile dependency cases pending
before the Second Appellate District of the California Court
of Appeal. The project is a nonprofit corporation established
in 1983 by the State Bar of California, and the project’s board
of directors is comprised of former officials of the State Bar.
The project is funded primarily by a contract with the Judicial
Council of California.
Local administration
Cal. Gov. Code § 22770
Indigent defense services in California are provided primarily
at the county level, which may provide services through
contract counsel, assigned counsel, or a public defender
office. The board(s) of supervisors of one or more counties
may establish an office of the public defender for the county
or counties. When an office is established, it is determined
whether the public defender is to be appointed or elected.
Public defenders are appointed by and serve at the will of the
county board(s) of supervisors.
The boards of supervisors of two or more counties may
authorize the respective public defenders to enter into
reciprocal or mutual assistance agreements. Agreements allow
counties to temporarily loan deputy public defenders to the
county participating in the agreement to provide indigent

Total expenditures (in thousands)*
$24,131
24,613
23,338
23,459
22,672

Colorado
Office of the State Public Defender (est. 1969)
Colo. Rev. Stat. § 21-1-101 through 21-1-106
Indigent defense is completely state funded in Colorado
and is administered by a judicial agency called the Office of
the State Public Defender, which provides representation in
criminal and juvenile delinquency cases. The system comprises
a statewide administrative office, 21 regional trial offices, and
a centralized appellate office that handles felony appeals from
every jurisdiction in the state.
The Colorado Supreme Court appoints the five-member public
defender commission, with no more than three members from
the same political party. Three members of the commission
must be attorneys licensed to practice law in Colorado, and
two members must be citizens of Colorado and not licensed to
practice law in Colorado. A member of the commission may
not be a judge, prosecutor, public defender, or employee of a
law enforcement agency.
Office of the Alternate Defense Counsel (est. 1997)
Colo. Rev. Stat. § 21-2-101 through 21-2-107
Colorado’s Office of the Alternate Defense Counsel provides
legal representation in circumstances in which the state public
defender has a conflict of interest with regard to providing
legal representation. The Colorado Supreme Court appoints
the nine members to the commission. No more than five
members of the commission may be from the same political

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party. Six members of the commission must be attorneys
licensed to practice law in Colorado who have experience in
the practice of criminal defense. Three members of the
commission must be citizens of Colorado who are not licensed
to practice law in Colorado. In addition, each congressional
district in the state must have one member on the commission.
A member of the commission may not be a judge, prosecutor,
public defender, or employee of a law enforcement agency.
Table 7
Colorado state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Colorado*
$80,906
$80,859
92,322
92,164
93,784
93,961
90,896
96,050
100,714
103,706

appoints a public defender for each judicial district and a
public defender to handle appellate matters and provide legal
support services in the Connecticut Superior Court. The
commission assumed responsibilities on July 1, 2011, from
the Commission on Child Protection and the chief child
protection attorney. The Office of the Chief Public Defender
is responsible for administering the public defender system
statewide and providing specialized legal representation. The
commission appoints the chief public defender. Individual
public defender offices are located in the 13 judicial
districts, 20 geographical areas, and 12 juvenile venues of
the Connecticut Superior Court that provide legal services
throughout the state.
Indigent defense services may be provided to defendants
who are formally charged with a crime that is punishable by
imprisonment or for representation and ad-litem services to
indigent children and parents in child welfare, family, and child
support matters by order of the Connecticut Superior Court.

*Amounts are actual expenditures.
Sources: Colorado State Judicial Department Budget Publications; and U.S. Census
Bureau, Annual Survey of State Government Finances, FY 2008–2012.

Delaware
Office of the Public Defender (est. 1953)
Del. Code Ann. Title 29 § 4601 through 4607

Connecticut
Public Defender Services Commission (est. 1974)
Conn. Gen. Stat. § 51-289 through 51-300
The Public Defender Services Commission in Connecticut is
responsible for policymaking, appointments of all personnel,
and compensation matters. The commission is located within
the judicial department for fiscal and budgetary purposes only,
and consists of seven members: two members are judges of the
Connecticut Superior Court, appointed by the chief justice;
one member is appointed by the state’s speaker of the house of
representatives, the president pro tempore of the state senate,
the minority leader of the state’s house of representatives, and
the minority leader of the state senate; and one member is
appointed by the governor.
The commission is responsible for the rules and operation
of the state’s Division of Public Defender Services and may
establish such divisions, facilities, and offices as needed. It

Indigent defense in Delaware is completely state funded and is
administered by the Office of the Public Defender, a state
agency. The state public defender represents all indigent
defendants in trial and appellate cases, is appointed by the
governor, and must be a qualified attorney licensed to practice
law in Delaware. The public defender may appoint as many
assistant attorneys, clerks, investigators, stenographers, and
other employees as deemed necessary to carry out the
responsibilities of the office. An assistant attorney must be a
qualified attorney licensed to practice in Delaware. The office
has one central administrative office and two regional offices.
Most conflict cases are handled by a pool of private attorneys
who are contracted by the state. The few conflict cases that are
not handled by contract counsel are appointed to private
attorneys. The Delaware Administrative Office of the Courts
paid the attorneys and tracked the data on conflict counsel
until 2011, when those functions were assumed by the Office of
the Public Defender.

Table 8
Connecticut state government indigent defense
expenditures, FY 2008–2012

Table 9
Delaware state government indigent defense
expenditures, FY 2008–2012

Fiscal year
2008
2009
2010
2011
2012

Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Connecticut*
$48,062
$47,624
48,511
48,512
48,265
48,403
50,476
50,484
64,002
64,006

*Amounts are actual expenditures.
Sources: Annual Report of the State Comptroller - Budgetary Basis, FY 2008; Annual
Reports of the Chief Public Defender, FY 2009–2012; and U.S. Census Bureau, Annual
Survey of State Government Finances, FY 2008–2012.

Total expenditures (in thousands)
U.S. Census Bureau
State of Delaware*
$14,944
$14,659
14,550
15,151
14,162
14,579
15,015
14,538
18,792
15,819

*Amounts are appropriations.
Sources: Delaware Senate Appropriations Bill; and U.S. Census Bureau, Annual
Survey of State Government Finances, FY 2008–2012.

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District of Columbia
Public Defender Service (est. 1960)
Pub. L. No. 91-358, Title III, 301 (1970); D.C. Code § 2-1601, et
seq., 2001 ed.
In the District of Columbia, indigent defense services
are provided by the Public Defender Service (PDS), an
independent legal organization that is governed by an
11-member board of trustees. PDS is a federal program;
the service is federally funded, and funds are held in the
U.S. Treasury. PDS attorneys generally represent indigent
individuals in criminal appeals, in parole revocation hearings,
in D.C. Superior Court Drug Intervention Program sanction
hearings, facing involuntary commitment in the mental health
system, who are children with special education needs that
face delinquency charges, and certain civil proceedings. PDS
is comprised of seven divisions: Trial Division, Appellate
Division, Special Litigation Division, Parole Division,
Mental Health Division, Civil Legal Services Division, and
Community Defender Division.
Private attorneys funded through the Criminal Justice
Act provide representation for indigent individuals not
represented by PDS. Both PDS and private attorneys providing
representation are appointed by the District of Columbia
courts. Services may be provided to indigent individuals who
face a loss of liberty. Typically, the PDS handles criminal cases,
while private attorneys provide representation to individuals
facing less serious misdemeanor and regulatory offenses.

Florida
Florida Public Defender Association (FPDA) (est. 1972)
Not statutorily established
Indigent defense in Florida is completely state funded and is
administered through a system of elected public defenders. A
public defender is assigned to each of the 20 judicial circuits.
Each public defender must have been a member of the
Florida Bar for at least 5 years and must have been elected at a
general election.
Public defenders provide representation at the trial level,
while appellate representation is handled by five regional
offices. Conflict cases are appointed to qualified private
attorneys. Florida has created circuit indigent defense
services committees, funded by the state, to oversee conflict
attorneys in all criminal cases. In addition, three Capital
Collateral Regional Counsel offices provide representation to
indigent capital prisoners in state and federal post-conviction
proceedings. A board of directors governs FPDA. The board is
comprised of the 20 elected public defenders in Florida, plus
two representatives of the assistant public defender staff and
one representative apiece from public defender investigative
and administrative staff.

The U.S. Census Bureau has been unable to obtain the level of
detail required to measure actual expenses for Florida. See
appendix A for more information.
Table 10
Florida state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Florida*
$239,255
$367,235
221,414
371,609
218,951
342,090
210,888
344,459
214,526
345,833

*Amounts are appropriations.
Sources: Florida State Budget Publications; and U.S. Census Bureau, Annual Survey
of State Government Finances, FY 2008–2012.

Georgia
Georgia Public Defender Standards Council (est. 2003)
O.C.G.A. § 17-12-1
The Georgia Public Defender Standards Council is an
independent agency within the executive branch of the
state government that is responsible for overseeing indigent
defense in the state. The council consists of nine appointed
members. Circuit court defender offices and other attorneys
representing indigent persons, with support services provided
by the council, provide indigent defense services in the state.
The Georgia Capital Defender Division is located within the
council to provide representation to indigent persons charged
with capital felony cases with the possibility of a death sentence
in trial court and appeals to the Supreme Court of Georgia.
The council acts as the fiscal officer for all circuit public
defender offices and is responsible for maintaining records
of all monies received from each governing authority. The
director, with input from the council, establishes procedures
for providing representation to indigent defendants in case
of conflict with a circuit public defender office, which may
include appointing counsel on a case-by-case basis or using a
different circuit public defender office. The council submits an
annual report to the state general assembly, governor, and state
supreme court. The council is also responsible for submitting
a budget estimate to the director of the Office of Planning
and Budget.
Counties may opt out of this system and operate an alternate
delivery system.
Local administration
O.C.G.A. § 17-12-20
A circuit public defender supervisory panel is located in
each judicial circuit in the Georgia. The panel consists of
three members: one member appointed by the chief judge
of the Superior Court of the Circuit, the governor, and the
chairperson of the governing authority or sole commissioner

Indigent Defense Services in the United States, FY 2008–2012 | July 2014	

7

in which the judicial circuit convenes. The circuit public
defender supervisory panel and the director of the Georgia
Public Defender Standards Council appoint the circuit public
defender for each circuit.
The circuit public defender determines indigence, supervises
assistant public defenders and staff, administers daily
operations of the office, and maintains records for the office.
Each circuit public defender office has a juvenile division. The
circuit public defender provides representation to indigent
defendants for any case in the superior court or juvenile case
with the possibility of imprisonment or probation, a suspended
sentence of imprisonment that may be adjudged, or any direct
appeal of the proceedings previously mentioned. Any city or
county may contract with an office to provide representation
for indigent persons accused of violating a city or county
ordinance. The state general assembly funds circuit public
defenders through the General Appropriations Act. Counties
and cities may supplement additional funds for public
defenders. The governing bodies of counties in a judicial
circuit provide funding to cover public defender office costs.
Table 11
Georgia state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Georgia*
$46,191
$71,050
61,895
62,381
39,556
66,509
67,643
67,652
69,539
69,535

*Amounts are actual expenditures.
Sources: Georgia Budgetary Compliance Reports; and U.S. Census Bureau, Annual
Survey of State Government Finances, FY 2008–2012.

Hawaii
Office of the Public Defender (est. 1970)
Haw. Rev. Stat. Ch. 802
Since 1970, Hawaii’s Office of the Public Defender has
provided indigent defense services. For administrative
purposes, the office is located within the state’s Department of
Budget and Finance. It is administered by a defender council of
five members who are appointed by the governor, one member
from each of Hawaii’s counties. The council appoints a state
public defender.
Public defense services may be provided to an individual
arrested for, charged with, or convicted of an offense
punishable by confinement in jail or prison, individuals
involved in family court matters, and individuals subject to
confinement and involuntary medical treatment for mental
health reasons.

Table 12
Hawaii state government indigent defense expenditures,
FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Hawaii*
$9,732
$9,262
9,973
9,339
9,079
…
8,732
…
9,275
9,793

… Not available.
*Amounts are appropriations.
Sources: Executive Biennium Budgets, Operating and Capital Budget - Department
of Budget and Finance, FY 2007–2009 and FY 2011–2013; and U.S. Census Bureau,
Annual Survey of State Government Finances, FY 2008–2012.

Idaho
Office of the State Appellate Public Defender (est. 1998)
Idaho Code § 19-867
The Office of the State Appellate Public Defender, located in
the state’s Department of Self-Governing Agencies, provides
counsel to indigent defendants who have been convicted of
a felony in district court and to petitioners in state felony
post-conviction and habeas corpus cases. In capital cases,
when a defendant has been sentenced to death, the office
provides court representation for post-conviction proceedings
and representation on appeal from both the denial of a
post-conviction petition and the direct appeal from the
judgment of conviction.
The office is administered by the state appellate public
defender, who is appointed by the governor with the advice
and consent of the state senate. The state pays the expenses
of the office. The state appellate public defender may employ
personnel and deputy state appellate public defenders to
provide services. The state appellate public defender may
also contract with private attorneys on a case-by-case basis.
The office annually reports its activities to the state board of
examiners, the supreme court, the legislature, and any of the
participating counties that were provided services in a given year.
Local administration
Idaho Code § 19-851
Counties in Idaho are responsible for most indigent defense
services in the state. Indigent defense services are provided
at all stages of legal proceedings to a defendant who is
formally charged or being detained under the conviction of
a serious crime. Services may also be provided to any person
being detained or confined and subject to hospitalization for
mental illness or the inability to stand trial or make informed
decisions. To provide indigent defense services, the board of
county commissioners in each county establishes an office
of the public defender or juvenile defender and makes an
arrangement with the courts in the county to assign counsel, or
some combination of these methods.

Indigent Defense Services in the United States, FY 2008–2012 | July 2014	

8

One or more counties may choose to establish a joint office
of the public defender. The board of county commissioners
appoints the public defender or juvenile public defender.
The county pays the fees of counsel assigned by the courts
or appropriates funds for the office of the public defender.
Assigned counsel and public defenders are required to
submit an annual report to the county commissioners and,
if appropriate, the administrative district judges on their
activities and expenses.
Counties may elect, on resolution of the county’s board of
commissioners, to participate in a Capital Crimes Defense
Fund, which is used to cover costs of criminal cases when the
death penalty is a possibility. The fund is comprised of
contributions from participating counties and any court fees or
other funds designated or appropriated by the state legislature.
The fund is operated under a joint powers agreement by
participating counties. A board of representatives operates and
administers the fund. The creating agreement determines how
representatives are selected. A representative appointed by the
governor may be added to the board if the fund receives
appropriations from the legislature. An additional
representative may be appointed by the Idaho Supreme Court
if the fund is designated court fees. Only counties that
participate in this fund are permitted to use services of the
Office of the State Appellate Public Defender.
Table 13
Idaho state government indigent defense expenditures,
FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Idaho*
$2,052
$2,073
2,084
2,020
1,930
1,913
1,987
1,990
1,990
1,994

*Amounts are actual expenditures.
Sources: Idaho Legislative Fiscal Report; and U.S. Census Bureau, Annual Survey of
State Government Finances, FY 2008–2012.

Illinois
Office of the State Appellate Defender (est. 1972)
725 Ill. Comp. Stat. 105/1 through 105/11
The State Appellate Defender Office, a judicial department
of the state, represents indigent defendants on appeal when
appointed by the Illinois Supreme Court, appellate court, or
circuit court. The appellate office has district-level offices in
each of the five appellate districts of the state, with a deputy
defender who serves as the administrator of the district office
for each judicial district. The office also maintains a panel of
private attorneys available to serve as counsel on a case-by-case
basis, hires investigators to provide investigative services to
appointed counsel and county public defenders, provides
training to county public defenders, and provides county

public defenders with the assistance of expert witnesses and
investigators from funds appropriated to the state appellate
defender by the general assembly.
The State Appellate Defender Commission, which advises the
office, consists of nine members: a chairman appointed by
the governor, one member appointed by the Illinois Supreme
Court, one member appointed by each of the five appellate
courts, one member appointed by the state supreme court
from a panel of three persons nominated by the Illinois
State Bar Association, and one member appointed by the
governor from a panel of three persons nominated by the
Illinois Public Defender Association. Because each county
administers programs independently, no central agency or
organization at the state level provides county expenditure in a
central location.
Local administration
County public defenders provide for almost all indigent
defense services in the State of Illinois. Each county in the state
with 35,000 or more inhabitants has a public defender office. In
counties with smaller populations, the county board may
choose either to create a public defender office or use an
alternate system of providing indigent defense services. When
two or more adjoining counties are located within the same
judicial circuit, the two counties may create a shared public
defender office. The chief public defender is selected by the
president of the county board of supervisors in Cook County
and by the presiding circuit court judge in all other counties.
In addition, the state funds two-thirds of the chief defender’s
salary.
Table 14
Illinois state government indigent defense expenditures,
FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Illinois*
$24,424
$24,424
25,132
25,137
23,463
23,441
22,952
22,949
20,266
20,268

*Amounts are actual expenditures.
Sources: Illinois State Budget Publications, FY 2008–2012; and U.S. Census Bureau,
Annual Survey of State Government Finances, FY 2008–2012.

Indiana
Office of the State Public Defender
Burns Ind. Code Ann. § 33-40-1-1
The Office of the State Public Defender in Indiana provides
the state public defender, who is appointed by and serves at
the pleasure of the Indiana Supreme Court. The operating
expenses of the office are approved by the Indiana Supreme
Court and annually appropriated by the state.

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9

State Public Defender Council
Burns Ind. Code. Ann. § 33-40-4-1
Indiana also has a judicial branch agency called the State
Public Defender Council, which helps to coordinate and
assist attorneys who provide indigent defense services in
the state. The council’s membership includes all public
defenders, contractual pauper counsel, and other regularly
court-appointed attorneys in the state. The council is directed
by 11 members, including ten elected by the membership, plus
the state public defender.
Public Defender Commission
Burns Ind. Code Ann. § 33-40-5-1; 33-40-6-1
The Indiana Public Defender Commission consists of
11 members, including three appointed by the state governor,
three appointed by the chief justice of the Indiana Supreme
Court, one appointed by the Board of Trustees of the Indiana
Criminal Justice Institute, two members of the state’s house
of representatives appointed by the speaker of the house, and
two members of the state senate appointed by the president
pro tempore of the senate. The commission helps to make
recommendations on standards of indigent defense services in
the state, particularly for capital cases. The commission is also
responsible for authorizing reimbursements to counties from
the Public Defense Fund.
Local administration
Burns Ind. Code Ann. § 33-40-2-1; 33-40-7-1; 33-40-8-1
A county executive may establish a county public defender
board by ordinance.2 A board consists of three members: two
are appointed by county judges who exercise felony or juvenile
jurisdiction, and one is appointed by the county executive. The
board also prepares a plan on how to provide indigent defense
services through one or more of the following methods:
establishing a county public defender’s office, contracting
with one or more attorneys or private organizations, using an
assigned counsel system of panel attorneys on a case-by-case
basis, and establishing a public defender’s office for the
criminal division for the superior court in counties with a
population of more than 400,000 but less than 700,000. If a
county public defender office is established, the board must
recommend an annual operating budget to the county fiscal
body, appoint a county public defender, and submit annual
reports on the office’s activities to the county executive, fiscal
body, and judges.
2The

county executive of certain counties is based primarily on
population, including Allen, Marion, St. Joseph, and Vanderburg
Counties, which are not allowed to form county public defender boards
under state statute. However, these counties may establish a county public
defender office or agency under special county ordinance.

The public defender is responsible for maintaining the office
and hiring staff, with the approval of the county executive
and fiscal body, and may contract with attorneys to provide
indigent defense services. Additionally, any judge who has
criminal jurisdiction may request services from the state
public defender in appeals of criminal cases. If the state public
defender chooses to accept the case or appoints one of the
state public defender’s deputies, the county in which the case
originated pays the office for services rendered.
All counties may submit requests for reimbursement
from the state’s Public Defense Fund for 50% of a county’s
expenditures for indigent defendants facing the death penalty,
and eligible counties may seek reimbursements for 40% of
county expenditures for noncapital crimes, not including
misdemeanors. However, this has not always occurred in
practice. A county is considered eligible for reimbursement
of expenditures for noncapital crimes after passing an
ordinance to create a public defender board and adopting a
comprehensive plan in line with the standards of the Indiana
Public Defender Commission. The fund is administered by
the Division of State Court Administration of the Indiana
Supreme Court.
A supplemental public defender fund is established in each
county unless a county has a population of more than 400,000
but less than 700,000, in which case a fund must be established
in each city that provides funding for a public defender
to represent indigent defendants in city court. The fund
consists of certain fees, including pretrial services fees and
appropriations from the county.
Services may be provided to any defendant confined in a penal
facility in the state or committed to the Indiana Department
of Corrections due to a criminal conviction or delinquency
adjudication in a post-conviction proceeding.
Of Indiana’s 92 counties, 62 are currently in the Public Defense
Fund reimbursement program. However, 8 of the 62 counties
in the program are not requesting or are not eligible for
reimbursements.
Table 15
Indiana state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Indiana*
$21,778
$21,960
22,822
23,267
23,839
23,928
23,975
24,009
24,906
24,917

*Amounts are actual expenditures.
State of Indiana, Annual Report – Indiana Public Defender Commission, FY 2008–
2012; State of Indiana, As-Passed Budget, Expenditure Summary – All Funds
by Agency, FY 2007–2011; State of Indiana, As-Submitted Budget, Expenditure
Summary – All Funds by Agency, FY 2011–2013; State of Indiana, As-Passed Budget,
HEA 1001 – The Budget Bill, FY2011–FY2013; and U.S. Census Bureau, Annual Survey
of State Government Finances, FY 2008–2012.

Indigent Defense Services in the United States, FY 2008–2012 | July 2014	

10

Census data were also available for Indianapolis.
Table 16
Indiana local government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011

City of Indianapolis
total expenditures (in thousands)
$16,300
18,526
17,222
16,379

Source: U.S. Census Bureau, Annual Survey of State and Local Government Finances,
FY 2008–2012.

Table 17
Iowa state government indigent defense expenditures,
FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Iowa*
$52,424
$54,968
55,319
57,467
55,901
56,510
54,634
57,747
55,726
58,071

*Amounts are actual expenditures.
Sources: Iowa Detailed Budget Book - Agency Operating Budgets; Iowa Budget Book
Report; and U.S. Census Bureau, Annual Survey of State Government Finances,
FY 2008–2012.

Iowa

Kansas

Office of the State Public Defender (est. 1981)
Iowa Code § 13B.1 through 13B.11

State Board of Indigents’ Defense Services (est. 1981)
Kan. Stat. Ann. § 22-4501

Iowa’s Office of the State Public Defender is located within
the state’s Department of Inspections and Appeals. The state
public defender administers the office and is appointed by and
serves at the pleasure of the governor, with confirmation by the
state senate.

Kansas’ State Board of Indigents’ Defense Services is located
within the executive branch of the state government. Members
of the board are appointed by the governor and subject to
confirmation by the state senate, and the board appoints a
state director of indigents’ defense services to serve as chief
executive officer. The board helps to provide, coordinate,
supervise, and adopt rules and regulations regarding indigent
defense in the state. The board establishes in each county
(or combination of counties) a system of appointed counsel,
contractual arrangements for contract counsel, public defender
offices, or any combination of methods for the delivery
of services for indigent defendants accused of a felony. In
addition, the board may enter into contracts with cities or
counties to provide, at the expense of a city or county, for the
defense of misdemeanors or other defense services. Courts
may appoint an attorney other than a public defender, assistant
public defender, or contract counsel to provide services to
an indigent defendant. The board is also responsible for
appointing public defenders and staff in counties with a public
defender office. The system providing legal defense services
for indigent persons, which is in existence and effect in each
county and judicial district, is subject to change by the State
Board of Indigents’ Defense Services. The board prepares and
submits a budget and annual report to the governor and state
legislature.

The state public defender coordinates indigent defense services
for individuals under arrest or charged with a crime and in
juvenile proceedings at the trial and appellate levels throughout
the state. The state public defender has currently established
18 local public defender offices and appellate defender offices
to provide services. The state public defender also contracts
with private counsel and nonprofit organizations to provide
court-appointed representation in some cases. The Indigent
Defense Fund pays for services, and the fund is administered
by the state public defender. In addition, the state public
defender bills each county for reimbursement of a portion of
the juvenile court expenses incurred on an annual basis.
The state public defender may also supervise legal services
provided to inmates in adult correctional institutions in civil
cases involving prison litigation, which are funded by an
appropriation to the Iowa Department of Corrections.

Indigent defense services may be provided to a person charged
by the state in a complaint, information, or indictment with
any felony at every stage of proceedings, for extradition
proceedings, or for a habeas corpus proceedings. In addition,
services may be provided to an individual who is subject
to order or commitment due to mental illness. An indigent
defendant convicted of a felony, capital crime, or on filing a
motion for writ of habeas corpus or motion attacking sentence
may receive services in appellate court through the Appellate
Defender Office in the State Board of Indigents’ Defense
Services. Any nonprofit may provide legal services to indigent

Indigent Defense Services in the United States, FY 2008–2012 | July 2014	

11

inmates of Kansas correctional institutions. In such cases,
the nonprofit is allowed to request reimbursement for the
operating budget from the State Board of Indigents’ Services.
Counties in Kansas are responsible for indigent defense for
misdemeanor and juvenile delinquency matters.
Table 18
Kansas state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Kansas*
$23,427
$23,412
23,518
23,535
23,767
23,821
22,759
23,226
22,714
22,744

*Amounts are actual expenditures.
Sources: The Governor’s Budget Report; and U.S. Census Bureau, Annual Survey of
State Government Finances, FY 2008–2012.

Kentucky
Department of Public Advocacy (est. 1972)
Ky. Rev. Stat. Ann. § 31.010 through 31.250
The Kentucky Department of Public Advocacy (DPA)
administers the statewide public advocacy system delivery of
indigent defense services in the state’s 120 counties. The Public
Advocacy Commission has nine members, plus deans of
Kentucky’s law schools: two members are appointed by the
governor; one member is appointed by the governor and must
be a child advocate or a person with substantial experience in
the representation of children; two members are appointed by
the Kentucky Supreme Court; three members are licensed to
practice law in Kentucky, have substantial experience in the
representation of persons accused of crime, and are appointed
by the governor from a list of three persons submitted to the
governor for each individual vacancy by the board of governors
of the Kentucky Bar Association; and one member is appointed
by the governor from a list of three persons submitted to him or
her by the joint advisory boards of the Protection and Advocacy
Division of the DPA. The dean of each of the law schools in
Kentucky or a designee also serves as ex officio members.
Table 19
Kentucky state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Kentucky*
$40,087
$40,171
38,619
37,826
44,063
44,072
44,299
44,305
43,586
44,082

*Amounts are appropriations.
Sources: Kentucky State Budget Publications; and U.S. Census Bureau, Annual Survey
of State Government Finances, FY 2008–2012.

By statute, the state is responsible for funding indigent defense
in Kentucky. Several counties have elected to use its own plan
for delivery of services, in which case the county contributes
local funds to augment the state appropriation. The DPA
currently operates public defender programs in every county,
with some offices covering multiple counties. Kentucky law
also requires each county to appropriate 12.5 cents per-capita
of the county population to a fund established to cover court
orders entered against counties, such as expert witness fees and
other comparable expenses associated with providing indigent
defense services.
Local expenditures for public defender programs in Kentucky
show the county expenditures provided through the state’s
Finance and Administration Department expenses.
Table 20
Kentucky local government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total county expenditures (in thousands)
$1,885
1,751
2,076
2,240
2,311

Source: U.S. Census Bureau, Annual Survey of State Government Finances, FY
2008–2012.

Louisiana
Louisiana Public Defender Board (est. 2007)
La. Rev. Stat. Ann. § 15:146
The Louisiana Public Defender Board provides supervision,
administration, and delivery of a statewide public defender
system, which must deliver uniform public defender services in
all courts in this state. The board creates mandatory standards
and guidelines, which require that public defender services be
provided in a way that is fair and consistent throughout the
state. Other responsibilities include—
„„developing mandatory qualification standards for public

defenders that ensure public defender services are provided
by competent counsel

„„establishing methods of monitoring and evaluating service

performance and compliance with standards and guidelines

„„enacting policies to ensure that detailed revenue,

expenditure, and workload data is collected, recorded, and
used for the improvement of the system

„„providing minimum compensation standards for attorneys

and all non-attorney support staff employed to support the
delivery of public defense services

„„establishing processes and procedures to ensure that

Indigent Defense Services in the United States, FY 2008–2012 | July 2014	

information technology is available, accessible, and
consistently used to improve the system’s programs
and accountability.

12

A majority of the 42 judicial districts in Louisiana contracted
501(c)3 organizations for services, while some districts have
full-time public defender programs. Contract attorneys also
represent indigent defendants in delinquency, capital, and
appellate cases where conflict cases arise. All district indigent
defender boards have contracted with the Louisiana Appellate
Project to supplement its staff with these services. The district
public defender for these services is of no cost; it is a form of
supplemental assistance.
The board consists of 15 members: two members are appointed
by the governor; two members are appointed by the chief justice
of the Supreme Court of Louisiana; one member must be a
juvenile justice advocate; one member must be a retired judge
with criminal law experience; one member each is appointed by
the president of the state senate and the speaker of the house of
representatives; one member is appointed by the governor and
is an active or retired employee or has an academic association
representing Louisiana State University Paul M. Hebert
Law Center, Loyola University School of Law, the Southern
University Law Center, Southern University Law Center, or
Tulane University School of Law; two members are appointed
by the president of the Louisiana State Bar Association; one
member is appointed by the president of the Louisiana Chapter
of the Louis A. Martinet Society; one member is appointed by
the chairman of the Louisiana State Law Institute’s Children
Code Committee; and one member is appointed by the
executive director of the Louisiana Interchurch Conference.
Indigent defense in Louisiana is largely funded by a
combination of court fines and fees, including a specific
indigent defender fund consisting of a $45 fee assessed on
certain defendants.
Table 21
Louisiana state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Louisiana*
$28,355
$28,101
27,869
29,493
28,074
28,076
33,055
33,057
32,969
32,971

*Amounts are appropriations for FY 2008–2009 and actual expenditures for
FY 2010–2012.
Sources: Louisiana State Budget Publications; Louisiana Public Defender Board
Annual Reports, FY 2010–2012; and U.S. Census Bureau, Annual Survey of State
Government Finances, FY 2008–2012.

Maine
Maine Commission on Indigent Legal Services (est. 2009)
4 M.R.S. § 1801 through 1806
The Maine Commission on Indigent Legal Services was
established by the state legislature and began providing
statewide, state-funded defense services to indigent criminal
defendants, juvenile defendants, and children and parents in

protective cases on July 1, 2010. Prior to the establishment
of the commission, funds were administered through the
Administrative Office of the Courts. The commission consists
of five members appointed by the governor, with confirmation
by the legislature.
Indigent defense services are provided by both assigned and
contract counsel. The commission must submit a biennial
budget request for approval to the Department of
Administrative and Financial Services, Bureau of the Budget.
Table 22
Maine state government indigent defense expenditures,
FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Maine*
$13,959
$13,697
13,136
9,653
12,571
9,857
13,274
10,995
14,448
12,610

*Amounts are actual expenditures.
Sources: Maine Judicial Branch – Annual Reports, FY 2008–2010; Maine
Comprehensive Annual Financial Report, FY 2011–2012; and U.S. Census Bureau,
Annual Survey of State Government Finances, FY 2008–2012.

Maryland
Office of the Public Defender (est. 1971)
Md. Criminal Procedure Code Ann. § 16-101 to 16-403
In Maryland, the Office of the Public Defender represents
indigent individuals. The office is a state agency and is
completely state funded. A Board of Trustees, named by the
governor, appoints the public defender and provides advice
to the public defender in applicable matters. The public
defender appoints the district defenders for each of Maryland’s
12 judicial districts and seven specialized divisions. Maryland’s
public defender program maintains trial divisions in all circuit,
district, and juvenile courts throughout the state. In addition,
public defenders in Maryland provide representation in district
courts, juvenile courts, circuit courts, judicial bail reviews and
related collateral hearings, and Children in Need of Assistance
and termination of parental rights cases. Court-appointed
counsel handles conflict of interest cases.
Table 23
Maryland state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Maryland*
$89,141
$89,152
90,735
91,104
85,971
86,119
85,918
85,817
87,952
87,758

*Amounts are actual expenditures.
Sources: Maryland State Judicial and Legal Review Budget Publications; and U.S.
Census Bureau, Annual Survey of State Government Finances, FY 2008–2012.

Indigent Defense Services in the United States, FY 2008–2012 | July 2014	

13

Massachusetts
Committee for Public Counsel Services (est. 1983)
Mass. Ann. Laws ch. 211D 1 through 16
The Committee for Public Services oversees and coordinates
indigent defense services for criminal and civil cases and
administrative proceedings in which there is a right to counsel.
The committee consists of 15 members: two members are
appointed by the governor, two members are appointed by
the president of the state senate, two members are appointed
by the speaker of the house of representatives, and nine
members are appointed by the justices of the state supreme
judicial court.
The committee uses salaried public counsel, bar advocate, and
other assigned counsel programs, and uses private attorneys
serving on a per case basis to provide indigent defense services.
To supervise the various attorneys and divisions, the
committee appoints one member as chief counsel and two
members as deputy chief counsel. The salaried public counsels
are part of the Public Defender Division. The Private Counsel
Division is responsible for the supervision and maintenance of
appointed counsel. It also includes a children and family law
program, youth advocacy programs, and a mental health unit.
The chief counsel determines which defendants are
represented by the Private Counsel Division.
Table 24
Massachusetts state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Massachusetts*
$204,325
$204,625
192,789
193,104
199,799
199,590
197,040
197,368
191,228
191,754

The commission provides oversight of two divisions. The first
division, the State Appellate Defender Office, is state funded,
staffed by a full-time state appellate defender, and mandated to
handle 25% of the state’s indigent appellate cases. The second
division, the Michigan Appellate Assigned Counsel System, is
responsible for ensuring the other 75% of indigent appellants
receive competent representation through a statewide,
privately assigned counsel system. Administrative costs for the
Appellate Assigned Counsel System are paid by the state, while
the counties are responsible for the costs of counsel.
In 2013, by Public Act 93, Michigan created the Michigan
indigent defense commission to propose minimum
standards for the local delivery of indigent criminal defense
services, providing effective assistance of counsel to adults
throughout Michigan.
Local administration
At the trial level, Michigan indigent defense operates on a
county basis, with each of the 83 counties selecting its
preferred system. Each of the counties has sole responsibility
for the funding of trial-level indigent defense.
Table 25
Michigan state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

…Not available due to changes in the presentation of judicial expense figures.
*Recommended appropriation amounts.
Sources: Michigan State Budget Publications; and U.S. Census Bureau, Annual Survey
of State Government Finances, FY 2008–2012.

*Amounts are actual expenditures.
Sources: Committee for Public Counsel Services, Historical Spending; and U.S.
Census Bureau, Annual Survey of State Government Finances, FY 2008–2012.

Michigan
State Appellate Defender Office (est. 1978)
Mich. Comp. Laws § 780.711 through 780.719
The Appellate Defender Commission is a seven-member
commission appointed by the governor: two members are
recommended by the Michigan Supreme Court; one member
is recommended by the court of appeals; one member is
recommended by the Michigan Judges Association; two
members are recommended by the State Bar of Michigan;
and one member is a non-attorney selected from the general
public by the governor. Sitting judges, prosecutors, and law
enforcement officers may not be appointed to the board.

Total expenditures (in thousands)
U.S. Census Bureau
State of Michigan*
$13,622
$14,907
13,550
14,922
12,833
14,959
12,750
15,022
12,866
…

Minnesota
State Board of Public Defense (est. 1986)
Minn. Stat. § 611.14 through 611.273
The State Board of Public Defense in Minnesota consists of
seven members: four members are attorneys appointed by
the Minnesota Supreme Court, and three are members of
the public who are appointed by the governor. The board
also appoints a chief public defender in each of the state’s ten
judicial districts and a chief appellate public defender. The
board distributes funding from the legislature to the district
and appellate offices. Although the State Board of Public
Defense is part of the judicial branch of government, it is not
under the judicial branch’s administrative control.

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A district public defender office is located in each of the state’s
ten judicial districts. District public defenders represent
individuals in trial and juvenile court. An appellate and a state
public defender office is also located in the state. The state
public defender supervises the operation, activities, policies,
and procedures of the statewide public defender system.
The Appellate Defender Office provides constitutionally
mandated services to indigent Minnesotans who appeal their
criminal cases to the Minnesota Court of Appeals and state
supreme court, those who pursue post-conviction proceedings
similar to community notification hearings and prison
disciplinary proceedings in the district courts throughout the
state, and defendants in supervised release or parole revocation
proceedings. Most conflict of interest cases are handled by
part-time public defenders who are employed by the State
Board of Public Defense, but who maintain private offices.

Mississippi
Office of State Public Defender (est. 2011)
Miss. Code Ann. § 99-18-1; 99-15-15; 99-40-1; 25-32-71
The Office of State Public Defender in Mississippi became
active on July 1, 2011. The governor, with the advice and
consent of the state senate, appoints a state defender to
maintain the office. The state defender is responsible for hiring
personnel for the office and the administration, budget, and
finances of the office and its divisions. The office is comprised
of three divisions:
„„The Capital Defense Counsel Division provides

representation to indigent individuals under indictment
for death penalty-eligible offenses, ancillary matters related
directly to death-eligible offenses, and other activities
expressly authorized by statute. The division is administered
by a director, also referred to as the capital defender, who is
appointed by the state defender.

Local administration
In the 1990s, Minnesota assumed the cost of the public
defender system from the counties, with the exception of
Hennepin County. (In the Fourth Judicial District, costs are
shared between Minnesota and Hennepin County.) Table 27
provides additional public defender expenditure information
for Hennepin County from 2008 through 2012.
Table 26
Minnesota state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Minnesota*
$67,370
$60,708
67,775
62,403
66,238
65,936
67,163
68,394
64,509
66,392

*Amounts are appropriations.
Sources: Minnesota State Budget Publications; and U.S. Census Bureau, Annual
Survey of State Government Finances, FY 2008–2012.

Table 27
Minnesota local government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
Hennepin County*
$14,688
$15,284
14,598
16,133
15,545
16,157
15,714
15,210
14,457
14,843

„„The Division of Indigent Appeals handles all felony indigent

criminal appeals, not including individuals convicted of
capital offenses.

„„The Division of Public Defender Training provides training

to all of Mississippi’s public defenders at the state, county,
and municipal levels.

The office is funded by the Capital Defense Counsel Fund, the
Indigent Appeals Fund, and the Public Defenders Education
Fund. If needed, the state defender may employ private counsel
for defendants facing capital charges through appropriations in
the Capital Defense Counsel Fund.
Office of Post-Conviction Counsel (est. 2000)
Miss. Code Ann. § 99-39-101
The Office of Post-Conviction Counsel in Mississippi is
supervised by a director who is appointed by the governor,
with the advice and consent of the state senate. The office
provides representation to indigent persons on appeal who
have been convicted and are under a sentence of death.
A Capital Post-Conviction Counsel Fund within the state
treasury provides funding for the office. The fund consists
of monies appropriated by the state legislature, federal
government, and fees collected for certain violations,
misdemeanors, and felonies.

*Amounts are actual expenditures.
Sources: Hennepin County Budget Publications; and U.S. Census Bureau, Annual
Survey of State and Local Government Finances, FY 2008–2012.

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Local administration
Miss. Code Ann. § 25-32-1
A court or judge may appoint counsel to any person charged
with a felony, misdemeanor that is punishable with 90 or more
days of confinement, or any act of delinquency.
The board of supervisors of any county or the boards of
supervisors of two or more counties in the same circuit court
may establish an office of public defender. The circuit judge, or
the senior circuit judge if there is more than one circuit judge,
appoints the public defender when an office is established. The
county or counties are responsible for providing office space,
personnel, and funding for such an office and its operating
expenses. The funds must be paid on allowance by the board of
supervisors by order of the board. The office will serve as an
alternative to court-appointed counsel and must provide legal
defense to any person arrested and charged with a felony,
misdemeanor, or act of delinquency. The public defender also
represents persons in need of mental treatment. Services are
provided at every critical stage in the legal proceedings,
including appellate appearances. An office may be terminated
at the discretion of the creating board(s) of supervisors.
Table 28
Mississippi state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Mississippi*
$2,810
$3,010
3,100
3,252
3,268
3,544
3,582
4,473
4,307
4,652

*Amounts are appropriations.
Sources: State of Mississippi Budget; and U.S. Census Bureau, Annual Survey of State
Government Finances, FY 2008–2012.

Missouri
Public Defender Commission
Mo. Rev. Stat. § 600.011 through 600.101
Missouri has a statewide centrally administered public
defender system to provide legal representation to indigent
defendants at levels of the state trial court, appellate court,
Missouri Supreme Court, and U.S. Supreme Court, and at
all stages of legal proceedings. Services may be provided
to individuals detained or charged for a felony, individuals
detained or charged with a misdemeanor that would
likely result in confinement in a county jail on conviction,
individuals charged with violating probation and need
protection of due process rights, individuals taken into custody
as a sexually violent predator, cases that require appointed
counsel under the state or federal Constitution, and defendants
charged with a crime that may result in the loss or deprivation
of liberty.

Missouri’s Public Defender Commission is responsible for
the administration and the rules and regulations of the state
system. The commission is comprised of seven members, four
of whom shall be lawyers, appointed by the governor, with the
advice and consent of the state senate. The state system has
three legal service divisions:
„„The Trial Division has 33 offices throughout the state and

provides services to indigent defendants though its offices.

„„The Capital Division represents indigent defendants charged

with capital crimes.

„„The Appellate/Post-Conviction Division is comprised

of three offices that provide appellate representation in
the Missouri Court of Appeal and the Supreme Court
of Missouri. These offices also provide post-conviction
representation in every jurisdiction throughout the state.

The Office of State Public Defender is an independent
department of the judicial branch of the state government.
The commission appoints a director to maintain the office.
The director may establish divisions, facilities, and offices as
needed, with approval from the commission. The commission
is responsible for establishing regional offices and selecting
public defenders to maintain such offices. Public defenders are
allowed to employ assistant public defenders, deputy public
defenders, and other staff. In addition to public defenders, the
state public defender system includes contract and assigned
counsel on a case-by-case basis.
The city or county (or counties if a district covers more than
one county) is responsible for paying office space costs and
utility service use for regional offices. The state is responsible
for all other expenses of these offices. The director, with the
assistance and approval of the commission, annually submits a
budget to the governor and general assembly for approval.
Table 29
Missouri state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Missouri*
$34,501
$34,597
35,614
35,715
35,913
35,548
36,145
36,233
35,739
35,847

*Amounts are actual expenditures.
Sources: Executive Budget - State Public Defenders Financial Summaries; and U.S.
Census Bureau, Annual Survey of State Government Finances, FY 2008–2012.

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16

The commission consists of five divisions:

Montana

„„The Capital Litigation Division assists in the defense of

Office of the State Public Defender (est. 2006)
Mont. Code Ann. § 47-1-101 through 47-1-216
Montana has a statewide public defender system to provide
counsel to indigent persons accused of a criminal crime
and other individuals in civil cases who are entitled by law.
The system is supervised by a Public Defender Commission
and is administered by the Office of the State Defender. The
commission is responsible for dividing the state into no
more than 11 public defender regions and determines how
services are administered in each region. The commission
may establish a regional office, contract counsel services, or
determine another option to deliver indigent defense services
in each region.
The commission also appoints a chief public defender and a
chief appellate defender, both of whom serve at the pleasure of
the commission. Both the chief public defender and the chief
appellate defender may hire and supervise personnel for their
respective offices. The chief public defender office hires and
assigns a deputy public defender to supervise each region with
an office. The regional office, or the Office of the Appellate
Defender in regions with no regional office, are responsible for
assigning counsel on court order.
Table 30
Montana state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Montana*
$19,711
$18,936
20,473
19,624
20,337
19,416
21,406
20,269
23,335
21,870

*Amounts are actual expenditures.
Sources: Montana Public Defender Commission, Report to the Governor, Legislature,
and Supreme Court; and U.S. Census Bureau, Annual Survey of State Government
Finances, FY 2008–2012.

Nebraska
Commission on Public Advocacy (est. 1995)
R.R.S. Neb. § 29-3901 through 29-3933; R.R.S. Neb. § 23-3401
through 23-3408
The State of Nebraska’s Commission on Public Advocacy assists
counties with indigent defense representation. The commission
consists of nine members appointed by the governor, and may
provide legal services and adopt guidelines and standards
on indigent defense, including how to distribution funds
appropriated by the state legislature to reimburse counties for
defense services. The reimbursement funds are appropriated to
the commission on Public Advocacy Operations Cash Fund.

capital cases.

„„The Appellate Division handles appeals to the court of

appeals and Nebraska Supreme Court.

„„The Violent Crime and Drug Defense Division assists in the

defense of certain violent and drug-related crimes.

„„The DNA Testing Division assists in the representation of

persons who file a motion under the DNA Testing Act.

„„The Major Case Resource Center assists public defenders,

contract attorneys, and court-appointed attorneys with the
defense of indigent individuals charged with felony offenses.

Local administration
R.R.S. Neb. § 23-3401 through 23-3408
An office of judicial district public defender may be established
by the district judge(s) in any judicial district with a need
and certification by the governor. The judicial district public
defender is initially appointed by the judicial court judge(s),
and later elected. Funds for judicial district public defenders
are appropriated from the Office of the Governor.
An Office of Public Defender is established in all counties with
more than 100,000 in population, or in any other county on
approval of the county board.3 Typically, the public defender
is initially appointed and subsequently elected. However,
in counties with a population under 35,000 residents with
an Office of Public Defender, the public defender may be
appointed by the county board. Subject to the approval and
consent of the county board, a public defender may appoint
assistant public defenders. Counties provide resources for
their indigent defense systems. However, counties may request
reimbursements for a portion of their expenditures. The
county clerk in qualifying counties may request from the State
Commission on Public Advocacy reimbursements for 25% the
total amount for a county’s actual expenditures for indigent
defense services in felony cases from funds appropriated by the
state legislature.
3As of the 2010 Decennial Census, Douglas, Lancaster, and Sarpy Counties

were the only counties in Nebraska to exceed 100,000 residents.

Table 31
Nebraska state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Nebraska*
$3,337
$3,337
3,471
3,473
3,733
3,736
3,605
3,608
3,533
3,535

*Amounts are actual expenditures.
Sources: State of Nebraska Budget in Brief; and U.S. Census Bureau, Annual Survey
of State Government Finances, FY 2008–2012.

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17

In counties without an Office of Public Defender or Office of
Judicial District Public Defender, the court appoints counsel to
indigent individuals.
Indigent defense services may be provided to individuals
facing a felony charge, including hearings on charges of
violation of felony probation at all critical stages of legal
proceedings. Defense services may also be provided to indigent
individuals facing a petition filed with a mental health board.
Representation may also be provided to individuals charged
with misdemeanor offenses punishable by imprisonment, if
allowed by the court. The court determines indigence.

Table 32
Nevada state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Nevada*
$1,927
$2,352
2,155
2,665
2,273
2,866
2,644
2,845
3,234
3,241

*Amounts for fiscal years 2008, 2010, and 2012 are actual expenditures. Amounts for
fiscal years 2009 and 2011 are adjusted appropriations.
Sources: State of Nevada, Executive Biennial Budget; and U.S. Census Bureau, Annual
Survey of State Government Finances, FY 2008–2012.

Nevada
New Hampshire

Office of the State Public Defender (est. 1971)
Nev. Rev. Stat. Ann. § 180.010 through 180.110
Nevada’s Office of the State Public Defender, located within the
state’s Department of Health and Human Services, provides
indigent defense services in counties with populations fewer
than 100,000 or counties that do not have a county public
defender office. Currently, the office serves only Carson City
and White Pine County. The governor appoints the state
public defender, who establishes branch offices and hires
deputy public defenders to supervise these offices. The state
provides representation at all stages of legal proceedings,
including revocation of probation and parole, appeals, and
post-conviction proceedings. The state public defender may
contract with attorneys and with county public defenders to
provide services. The state may charge and collect amounts
from counties, as authorized by the state legislature for
services. The state public defender reports annually to the
governor and participating counties.

New Hampshire Public Defender (est. 1972)
N.H. Rev. Stat. Ann. § 604-B:1 to B:8

Local administration
Nev. Rev. Stat. Ann. § 260.010 through 260.080

For conflict of interest cases, the 24-member New Hampshire
Judicial Council administers assigned counsel and contract
defender programs. The Judicial Council contracts with an
organization or group of lawyers approved by the board of
governors of the New Hampshire Bar Association to operate a
public defender program.

The boards of county commissioners in Clark and Washoe
Counties must create an Office of the Public Defender by
ordinance. Counties that have fewer than 100,000 in
population may choose to establish an Office of the Public
Defender. Additionally, multiple counties may choose to
establish a joint office. Offices are run by a county public
defender, who serves at the pleasure of the county board(s) of
commissioners. An office provides services to defendants who
have been placed under arrest and charged with a public
offense. Counties provide representation at all stages of legal
proceedings, including revocation of probation and parole,
appeals, and post-conviction proceedings. The county public
defender may, with approval by the county board of
commissions, appoint deputy public defenders and staff. A
county office may also contract for services of the state public
defender. The magistrate or district court may also appoint an
attorney outside of the public defender for representation to be
paid by county funds, if deemed necessary by the court. A
county public defender reports annually to the board of county
commissioners.

In New Hampshire, a state public defender is completely
state funded and provides primary representation in trial
and appellate cases. The public defender program has nine
regional offices, one administrative office, an appellate office,
and a special defender office. An all-volunteer board of
directors oversees the Public Defender Program. The board’s
membership elects six directors, and the New Hampshire Bar
Association’s Board of Governors appoints three directors. The
public defender handles juvenile delinquency cases in local,
district, and family courts, and adult clients in misdemeanor,
felony, homicide, and capital cases in the district and superior
courts, plus appellate advocacy in the state supreme court.
Judicial Council (est. 1945)
N.H. Rev. Stat. Ann. § 494:1 to 494:7

Table 33
New Hampshire state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of New Hampshire*
…
$16,581
$17,930
17,930
18,478
18,258
18,957
18,957
18,038
18,038

…Not available due to lack of detail in the data.
*Amounts are actual expenditures.
Sources: New Hampshire State Budget Publications; and U.S. Census Bureau, Annual
Survey of State Government Finances, FY 2008–2012.

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18

New Jersey
Office of the Public Defender (est. 1967)
N.J. Stat. § 2A:158A-1 through 2A:158A-25
The State of New Jersey’s Office of the Public Defender is
located in the executive branch of the state government and
allocated within the Department of the Treasury. Indigent
defense services are provided to defendants in criminal cases
who are formally charged with an indictable offense in all
stages of the proceedings, juvenile delinquents, juveniles in
need of supervision, representation of children in family
matter issues, and individuals involuntary committed to state
psychiatric facilities. The office is comprised of the following
divisions and provides the following services:
„„The Division of Administrative Services handles the

business and financial matters of the office.

„„The Appellate Section provides representation in appeals

filed by adults and juveniles in lower court rulings in
the state.

„„The Office of Law Guardian provides representation and

services to children in family court matters involving
allegations of abuse and neglect, or in cases involving the
termination of parental rights.

Assistant deputy public defenders, those who try the cases, are
assigned to each region based on the caseload in that county.
The public defender must also maintain one or more trial pools
of lawyers for services on a case-by-case basis. The case
workload is divided among professional staff and the trial
pool(s). If the caseload for staff and trial pool lawyers is full,
the public defender may contract with private and public
organizations to provide services. The public defender is also
responsible for providing case statistics and financial records in
an annual report to the state legislature, governor, and New
Jersey Supreme Court.
Table 34
New Jersey state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of New Jersey*
$110,640
$110,521
115,620
115,622
113,643
119,949
115,683
119,379
117,628
121,862

*Amounts are actual expenditures.
Sources: State of New Jersey Budget, Department and Branch RecommendationsDepartment of the Treasury; The Governor’s Budget, Detailed Budget; and U.S.
Census Bureau, Annual Survey of State Government Finances, FY 2008–2012.

„„The Office of Juvenile Services provides services to juvenile

defendants in the state.

New Mexico

„„The Office of Parental Representation provides

representation to parents involved in cases of alleged neglect
or abuse of a child filed by the New Jersey Division of Youth
and Family Services in family court.

„„The Special Hearings Unit provides mandated

representation in Megan’s Law tier classification hearings for
sex offenders.

„„The State’s Intensive Supervision Programs through the

Administrative Office of the Courts provides representation
at hearings designed to direct offenders from prison into
community-based correctional programs.

„„The Division of Mental Health Advocacy provides

representation for hearings at federal, state, county, general,
and private psychiatric hospitals.

„„The Office of Dispute Settlement provides mediation and

arbitration services in the public interest.

The office is administered by the public defender, who is
appointed by the governor with the advice and consent of the
senate. The public defender may appoint deputy public
defenders and assistant deputy public defenders as needed. To
help provide indigent defense services, one regional office is
currently located in each of the 21 counties in the state. Each
regional office is headed by a deputy public defender, who
supervises caseloads, maintains private attorney pools, and
supervises reports to the Office of the Public Defender.

State Public Defender (est. 1973)
N.M. Stat. Ann. § 31-15-1 through 31-15-12
New Mexico’s Public Defender Department is centralized, state
funded, and administers indigent defense services in the state.
The New Mexico Public Defender Commission appoints the
chief public defender in the state. The public defender
commission consists of 11 members. Members include one
member appointed by the governor, three members appointed
by the chief justice of the New Mexico Supreme Court, three
members appointed by the dean of the University of New
Mexico School of Law, one member appointed by the speaker
of the house of representatives, one member appointed by the
majority floor leaders of each chamber, and one member
appointed by the president pro tempore of the state senate.
Table 35
New Mexico state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of New Mexico*
$41,293
$41,374
42,732
42,558
41,029
40,950
40,523
39,945
38,519
38,406

*Amounts are actual expenditures.
Sources: New Mexico Public Defender Department Financial Statements; and U.S.
Census Bureau, Annual Survey of State Government Finances, FY 2008–2012.

Indigent Defense Services in the United States, FY 2008–2012 | July 2014	

19

At the trial level, the department provides representation to
adults and juveniles through its seven district offices and four
satellites offices. The defender system also has centralized
offices for administration, appellate, mental health, capital
crimes, and post-conviction cases. The Contract Counsel
Legal Services, which has one centralized office in the state,
is funded by New Mexico as a public defender system. These
private attorneys handle all aspects of criminal defense cases,
including misdemeanor, juvenile, felony, murder, capital
offenses, and appeals.

New York
Capital Defender Office (est. 1995)
N.Y. Jud. Ct. Acts § 35b
The Capital Defender Office (CDO) was established in 1995
under New York State’s death penalty statute to provide
representation, support, and assistance at all stages of capital
litigation. The office was subsequently abolished in 2009 in the
wake of New York’s abolition of the death penalty in 2004.

Mental Hygiene Legal Services (est. 1985)
N.Y. Men. Hyg. Law § 47
Mental Hygiene Legal Services provides representation to
indigent persons convicted of sex offenses and who are facing
civil commitment proceedings. The U.S. Census Bureau was
unable to obtain expenditures for the activities of this service.
Therefore, they are excluded from this report.
Table 36
New York state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

*Amounts are actual expenditures.
Sources: New York State Budget Publications and New York State Office of Indigent
Legal Services, FY 2008–2012.

Indigent Legal Services Fund (est. 2003)
N.Y. State Fin. Law § 98b
New York’s criminal indigent defense system is primarily
funded by its 62 counties, which, by statute, may use a public
defender program, conflict defender office, private legal aid
society, or coordinated assigned counsel system to provide
indigent defense services. Although the counties are primarily
responsible for funding indigent defense services, the New
York legislature created the Indigent Legal Services Fund
(ILSF) to provide funding to counties and provide full funding
for representation of children in dependency and delinquency
cases. Funding for representation of adults in dependency
cases is still the responsibility of the counties in the state. The
ILSF helps pay for indigent defense expenditures in family
court and helps the counties pay for all other indigent defense
costs. State funding may not be used by counties or cities to
replace local funding that would use funding for the indigent
defense programs, but must be used to supplement local funds.
Office of Indigent Legal Services (est. 2010)
N.Y. Exec. Law § 832
The Office of Indigent Legal Services was created to monitor,
study, and make efforts to improve the quality of indigent
defense services provided by the counties. The office replaced
the state comptroller as the agency responsible for the state’s
distributions to the county from the ILSF.

Total expenditures (in thousands)
U.S. Census Bureau
State of New York*
$87,652
$92,800
79,935
101,560
89,038
101,445
95,389
90,793
109,256
62,701

North Carolina
Office of Indigent Defense Services (est. 2000)
N.C. Gen. Stat. § 7A-450 through 7A-499
North Carolina’s Office of Indigent Defense Services is located
within the state’s judicial department. The office created
the Commission on Indigent Defense, which consists of
13 members: one member is appointed by the chief justice of
the North Carolina Supreme Court, one member is appointed
by the governor, one member is appointed the general
assembly on recommendation of the president pro tempore
of the state senate, one member is appointed by the general
assembly on the recommendation of the speaker of the house
of representatives, one member is appointed by the North
Carolina Public Defenders Association, two members are
appointed by the North Carolina State Bar, one member is
appointed by the North Carolina Academy of Trial Lawyers,
one member is appointed by the North Carolina Association
of Black Lawyers, one member is appointed by the North
Carolina Association of Women Lawyers, and three members
are appointed by the commission. The commission helps
to develop the standards for indigent defense services and
operating standards for regional and district public defender
offices and appellate defender offices.

The office is governed by a nine-member board appointed by
the governor, with set requirements for each appointee (e.g.,
recommendations, judicial experience, and held positions).
Board members cannot be active prosecutors, law enforcement
officials, or anyone employed by or providing services to them.

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The state is divided into judicial districts, and the commission
determines the methods for delivering services to indigent
persons. Services may be provided by a system of appointed
counsel, contract counsel, part-time public defenders, public
defender offices, appellate defender services, and any other
methods, including contracted counsel, or a combination of
these methods. The commission consults with each district
bar and judges to determine methods for a given district. In
the 16 judicial districts where a public defender office has been
established by the legislature, the commission appoints a public
defender to run the day-to-day operations of the office. Public
defenders are required to periodically report activities to the
office. The state appropriates funds for these offices.
The commission is also responsible for appointing the director
of the indigent defense services, who administers the office.
Additionally, the director is responsible for preparing and
submitting a budget to the commission and the general
assembly. The budget of the office is part of the judicial
department’s budget. The director is also responsible for
administering the statewide sentencing services program,
which provides the judicial system with information to assist
in imposing sentences, helps provide increased opportunities
for certain felons to makes restitutions through financial
reimbursement or community services, and helps make
the best and most effective use of resources. The director
may award grants and adopt regulations for implementing,
monitoring, and operating local sentencing services programs
and administering funds appropriated by the general assembly.
For the purposes of this report, the Sentencing Services
Programs and funding is not included in data because it is not
limited to convicted indigent individuals.
The commission also appoints an appellate defender, a capital
defender, and a juvenile defender. The appellate defender is
responsible for providing representation to indigent persons
following conviction in trial courts. The capital defender
represents indigent persons who are charged with potentially
capital offenses. The appellate defender, capital defender,
and juvenile defender manage offices within the Office of
Indigent Defense Services and may use contracted counsel to
provide services.
Indigent defense services may be provided to a defendant in
any case where imprisonment or a fine of $500 or more is likely
to be adjudged; any case appealing a conviction of a felony, fine
of $500 or more, or imprisonment; a hearing on a petition on
the writ of habeas corpus; a hearing for revocation of
probation; a hearing on extradition to another state; a
proceeding for involuntary commitment to a facility for mental
illness or substance abuse; any case involving an execution
charge of civil arrest and bail proceeding; a hearing that may
result in commitment to an institution or transfer to the
superior court for trial on a felony charge for juveniles; a
hearing for revocation of parole; a proceeding for the provision
of protective services; cases involving a juvenile alleged to be
abused, dependent, or neglected; a proceeding to find a person
incompetent; a proceeding to terminate parental rights, where

a guardian ad-litem is appointed; an action to terminate an
indigent person’s parental rights; a proceeding involving
consent for an abortion on an unemancipated minor; a
proceeding involving limitation on freedom of movement or
access; a proceeding involving placement into satellite
monitoring; or outpatient involuntary commitment
proceedings.
Table 37
North Carolina state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of North Carolina*
$116,097
$114,782
126,891
120,560
131,386
130,894
135,961
135,792
125,603
124,645

*Amounts are actual expenditures.
Sources: Report on the Commission on Indigent Defense Services; and U.S. Census
Bureau, Annual Survey of State Government Finances, FY 2008–2012.

North Dakota
North Dakota Commission on Legal Counsel for
Indigents (est. 2005)
N.D. Cent. Code § 54-61-01 through 54-61-04
In 2005, North Dakota ratified legislation to reform the state’s
indigent defense system. The new system features a sevenmember Commission on Legal Counsel for Indigents, which is
responsible for overseeing the complex process of delivering
state-funded legal counsel services for indigents. Members of
the commission include two members appointed by the
governor, one of whom must be appointed from a county with
a population of not more than 10,000 residents; two members
of the legislative assembly, one from each house, appointed by
the chairman of the legislative management; two members
appointed by the chief justice of the North Dakota Supreme
Court, one of whom must be appointed from a county with a
population of not more than 10,000 residents; and one member
appointed by the board of governors of the State Bar
Association of North Dakota.
Table 38
North Dakota state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of North Dakota*
$4,659
$4,116
5,144
3,699
5,463
4,306
5,827
5,123
6,140
5,634

*Amounts are actual expenditures.
Sources: North Dakota Comprehensive Annual Financial Reports; and U.S. Census
Bureau, Annual Survey of State Government Finances, FY 2008–2012.

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The North Dakota Commission on Legal Counsel maintains
six full-time public defender offices. In each office, a
supervising attorney takes criminal and juvenile assignments
from the court staff. Those cases are assigned first to the public
defenders, and then to conflict counsel, who are area attorneys
that have contracted with the agency to provide case-by-case
service, or by attorneys who have contracted for monthly
conflict services. Private contractors provide indigent defense
services in areas where there is no public defender or in
conflict cases.

Ohio
Office of the State Public Defender (est. 1976)
ORC Ann. § 120.01 through 120.08
The Ohio Public Defender Commission is responsible for
supervising and establishing standards of indigent defense
services in the state. The commission appoints a state public
defender to serve at its pleasure. The state public defender,
when designated by the court or requested by a county public
defender or joint county public defender, may provide legal
representation to indigent defendants throughout the state.
Additionally, the state public defender maintains financial
records, appoints assistant public defenders, and supervises
local defenders. The state public defender uses funds from
the Civil Case Filing Fee Fund in the state treasury to appoint
assistant public defenders, and for personnel, equipment,
and facilities for the Office of the State Public Defender. The
commission is responsible for submitting an annual report
on the operations of the State Public Defender’s Office, the
county-appointed counsel systems, and the county and joint
county public defender offices.
Local administration
ORC Ann. § 120.13 through 120.41
The county commissioners may establish a county public
defender commission. The commission, consisting of five
members appointed by the board of county commissioners and
the judge or presiding judge of the court of common pleas of
a county, appoints the county public defender. Representation
may be provided to indigent adults or juveniles charged with
an offense or act that violates state statute and which there
is a penalty or possible adjudication that includes potential
loss of liberty, and in post-conviction proceedings. A court
may choose to appoint counsel other than the county public
defender. The office of county public defender recommends
an annual operating budget, which requires approval from
the county commissioners. The county public defender
may contract with the state public defender or one or more
nonprofit organizations to provide indigent defense services.
Additionally, a county public defender may contract with any
municipal corporation within the county served by the county
public defender to provide legal representation to indigent
persons charged with violating an ordinance of the municipal
corporation, at the cost of said municipal corporation.
Counties may request that the state public defender reimburse

50% of a county public defender’s office operating expenses.
A county public defender reports to both the county
commissioners and the Ohio Public Defender Commission.
The boards of county commissioners in two or more adjoining
or neighboring counties may form a joint county public
defender commission. The establishing agreement determines
the allocation of expenses to be paid by each participating
county. Joint county public defender commissions
operate under similar laws as a single county public
defender commission.
The board of county commissioners of any county may adopt a
resolution to pay counsel who are either personally selected by
an indigent defendant or appointed by the court, as opposed to
using a county public defender or joint county public defender.
The county auditor is responsible for reporting expenses to the
board of county commissioners and the state public defender.
A county may request reimbursements for defense services
from the state public defender.
A County Representation Fund in the state treasury consists
of monies from counties for any legal services provided by
the state public defender, when designated by the court or
requested by a county or joint county public defender.
The total amount of money paid to all counties in any fiscal
year for reimbursement of a percentage of the counties’ cost of
operating county public defender offices, joint county public
defender offices, and county-appointed counsel systems cannot
exceed the amount appropriated by the state general assembly.
If the amount appropriated by the general assembly is
insufficient to cover 50% of total operating costs, the
percentage will be reduced proportionately so that each county
is reimbursed an equal percentage of its indigent defense
system costs. Funds appropriated by the general assembly for
this purpose are placed in the Indigent Defense Support Fund
in the state treasury.
Table 39
Ohio state government indigent defense expenditures,
FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Ohio*
$86,076
$77,203
65,037
65,192
68,043
68,203
74,233
74,324
70,413
70,565

*Amounts are actual expenditures.
Sources: State of Ohio, Executive Budget; and U.S. Census Bureau, Annual Survey of
State Government Finances, FY 2008–2012.

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Census Bureau data available were available for Cuyahoga
County.
Table 40
Ohio local government indigent defense expenditures,
FY 2008–2012
Fiscal year
2008
2009
2010
2011

Cuyahoga County
total expenditures (in thousands)
$8,079
8,079
20,130
8,639

Table 42
Oklahoma local government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011

Oklahoma County and Tulsa County
total expenditures (in thousands)
$85,000
81,000
90,000
87,000

*Amounts are actual expenditures.
Sources: Oklahoma County, Comprehensive Annual Financial Reports; and Tulsa
County, Comprehensive Annual Financial Reports, FY 2008–2012.

Source: U.S. Census Bureau, Annual Survey of State Government Finances,
FY 2008–2012.

Oregon
Oklahoma

Public Defense Services Commission (est. 2001)
Or. Rev. Stat. § 151.211 through 151.225

Oklahoma Indigent Defense System (est. 1991)
Okla. Stat. Title 22 § 1355 through 1370.1
The Oklahoma Indigent Defense System has a five-member
board of directors appointed by the governor, with the advice
and consent of the state senate. At least three members must
be attorneys licensed to practice law in the State of Oklahoma
that have experience through the practice of law in the defense
of persons accused of crimes. No congressional district are
represented by more than one member on the board.
The system provides trial, capital, appellate, and
post-conviction defense services to indigent defendants, both
adult and juvenile, in 75 counties throughout the state. For
conflict of interest cases or staff overload, cases that would go
to the system are contracted to private attorneys who represent
defendants at rates established by the system.

Indigent defense services in Oregon are entirely state funded
and state administered. Oregon’s Public Defense Services
Commission (PDSC) established an Office of Public Defense
Services (OPDS), which has two main divisions: the Contract
and Business Services (CBS) and the appellate division. The
commission consists of seven members appointed by order of
the chief justice. In addition to the seven appointed members,
the chief justice serves as a nonvoting, ex officio member, and
appoints at least two persons who are not bar members, at least
one person who is a bar member and who is engaged in
criminal defense representation, and at least one person who is
a former Oregon state prosecutor. A member may not serve
concurrently as a judge, a prosecuting attorney, or an employee
of a law enforcement agency. A person who is primarily
engaged in providing public defense services also may not
serve as a member of the commission.

Local administration
Individuals charged in Oklahoma and Tulsa Counties are not
represented by the system, but rather by separate full-time,
county-run public defender offices. Oklahoma and Tulsa
counties are entirely responsible for funding indigent defense
within their counties.
Table 41
Oklahoma state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Oklahoma*
$17,361
$15,722
18,006
15,578
17,186
14,437
16,840
14,443
16,581
14,544

Table 43
Oregon state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Oregon*
$106,614
…
100,580
$212,471
118,057
…
108,664
223,519
112,269
…

…Not available.
*Amounts are actual expenditures aggregated over 2 years. Data from 2008 are
included in 2009 data, and data from 2010 are included in 2011 data.
Sources: Oregon State Budget Publications; and U.S. Census Bureau, Annual Survey
of State Government Finances, FY 2008–2012.

*Amounts are actual expenditures.
Sources: Oklahoma Comprehensive Annual Financial Reports; and U.S. Census
Bureau, Annual Survey of State Government Finances, FY 2008–2012.

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Oregon’s statewide indigent defense program is responsible
for numerous types of cases, including termination of parental
rights, dependency (adults and juveniles), civil commitment,
Psychiatric Security Review Board, child support contempt,
felonies, misdemeanors, juvenile delinquency, appeals, and
habeas corpus petitions. As of July 2003, the commission
assumed all duties and services of the Indigent Defense
Services Division (IDSD) of the State Court Administrator’s
Office. These services include administration of county
contracts for all indigent defense representation (trial and
appellate, except those cases that the state appellate office
handles) in Oregon’s state courts.

Pennsylvania
The Public Defender Act of 1968 (P.L. 1144, No. 358, Section 1)
provides for the establishment of a public defender in each of
the counties in the State of Pennsylvania. The public defender is
appointed by the Board of County Commissioners in each county
and represents qualified individuals in juvenile delinquency
proceedings, adult criminal trials, appellate proceedings,
post-conviction appeals, and probation and parole proceedings.
The State of Pennsylvania does not provide any funding of
the public defenders, leaving financial responsibility to each
of the counties. An effort by the Task Force and Advisory
Commission on Services to Indigent Criminal Defendants has
been undertaken to create a statewide commission to assist with
indigent defense programs in the state, but no legislation has
been enacted. A centralized external location to collect county
expenditures does not exist.

Rhode Island
Office of the Public Defender (est. 1941)
R.I. Gen. Laws § 12-15-1 through 12-15-11
Rhode Island has a statewide, state-funded public defender
system. The Office of the Public Defender has four main
divisions:
„„Appellate
„„Family Court
„„Parental Rights
„„Criminal Trial.

The Office of the Public Defender provides direct
representation to indigents charged with misdemeanors and
felonies in all district and superior courts. The public defender
also represents juvenile delinquents and the parent or guardian
in abuse and neglect cases. Court-appointed attorneys
represent defendants in conflict of interest cases. The

Office of the Public Defender maintains six offices throughout
the state. The Rhode Island Public Defender also maintains a
Community Partnership Council, an in-house committee
comprised of Public Defender employees, including attorneys,
social workers, intake personnel, and support staff.
Table 44
Rhode Island state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Rhode Island*
$12,673
$12,672
12,613
12,617
12,671
12,674
13,434
13,439
13,805
13,809

*Amounts are actual expenditures.
Sources: Rhode Island State Judicial Department and Office of Public Defender
Budget Publications; and U.S. Census Bureau, Annual Survey of State Government
Finances, FY 2008–2012.

South Carolina
South Carolina Commission on Indigent Defense
(est. 1993)
S.C. Code Ann. § 17-3-5 through 17-3-380
South Carolina’s Commission on Indigent Defense supervises
the Office of Indigent Defense, including all its divisions. The
commission consists of 13 members, including nine appointed
by the governor, two appointed by the chief justice of the South
Carolina Supreme Court, and the chairmen of the senate and
house judiciary committees. The commission is responsible for
establishing divisions within the office to administer services
and programs, and is funded by appropriations from the State
General Appropriations Act. The office is also responsible for
distributing all funds appropriated by the general assembly
for indigent defense services. The executive director of the
office is responsible for annually submitting a budget to the
commission, which also includes a Division of Appellate
Defense that represents defendants in criminal appeals of the
South Carolina Supreme Court and Court of Appeals.
Local administration
S.C. Code Ann. § 17-3-510 through 17-3-600
Each judicial circuit in the State of South Carolina has a circuit
public defender selection panel responsible for selecting a
circuit public defender. A circuit public defender is responsible
for supervising assistant public defenders, maintaining
financial and case records, establishing a juvenile offender
division, and submitting a proposed budget to the Commission
on Indigent Defense. The circuit public defender hires assistant
public defenders and other personnel, who are considered
employees of the administrating county. The employees of the
circuit public defender are paid by the administering county.

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The circuit public defender may also contract with attorneys to
provide indigent defense services. Counties receive state
appropriations and reimbursements that cover part of the costs
of indigent defense services, with remaining costs appropriated
from county funds.
Table 45
South Carolina state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of South Carolina*
$23,763
$23,765
27,793
27,799
24,702
24,706
21,717
21,722
21,938
24,010

*Amounts are actual appropriations from prior years.
Sources: State of South Carolina Governor’s Executive Budget – Detail Base
Budget; and U.S. Census Bureau, Annual Survey of State Government Finances, FY
2008–2012.

South Dakota
In South Dakota, each county organizes and funds its own
indigent defense delivery system. While the majority of
counties use contract or assigned counsel systems, some
counties use public defender offices instead. Counties in South
Dakota may opt to participate in a catastrophic indigent
defense fund. The County Commissioners’ Association
administers the fund, and the fund acts as insurance against
small counties’ extraordinary costs for complex cases, such as
death penalty cases, that may occur in their jurisdictions. The
State of South Dakota provides very little funding to the
counties for public defender programs. A centralized external
location to collect county expenditures does not exist.
Table 46
South Dakota state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of South Dakota*
…
$769
…
751
…
696
…
646
…
624

…Not available.
*Amounts are actual expenditures.
Sources: South Dakota Office of the State Treasurer Annual Reports; and U.S. Census
Bureau, Annual Survey of State Government Finances, FY 2008–2012.

Tennessee
District Public Defenders Conference (est. 1989)
Tenn. Code Ann. § 8-14-201 through 8-14-501
In Tennessee, the statewide system of public defenders is called
the District Public Defenders Conference. Each of the 31
district public defenders in Tennessee are elected. Tennessee
is one of two states (Florida being the other) that has elected
public defenders in nearly every judicial district. The District
Public Defenders Conference has the responsibility of
dispersing funds and making policy decisions concerning the
program on a statewide basis.
Office of the Post-Conviction Defender and
Post-Conviction Defender Commission (est. 1995)
Tenn. Code Ann. §§ 40-30-101 to 40-30-313
The Office of the Post-Conviction Defender (OPCD) provides
legal representation to indigent individuals who have been
sentenced to death by Tennessee state courts. Through
post-conviction litigation, OPCD fully investigates each case
and the legal process that resulted in the original capital
conviction and sentence. OPCD also assists other capital
defense attorneys in the state through noncase-specific advice
and training programs. A nine-member Oversight
Commission, appointed by the governor, the lieutenant
governor, and the speaker of the house, is responsible for
choosing the director and assists the office in each year’s
budgetary process. Two counties, Shelby and Davidson
Counties, must also provide a portion of the funding for
indigent defense because each county is running its own public
defender system. Shelby and Davidson Counties receive
additional funding from the state (which is included in the
state total in table 47).
Table 47
Tennessee state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Tennessee*
$62,152
$59,652
…
67,123
69,704
67,792
71,144
69,193
74,032
72,013

…Not available. The State of Tennessee was unable to report for FY 2009. For more
information, see appendix A.
*Amounts are actual expenditures.
Sources: Tennessee State Budget Publications; and U.S. Census Bureau, Annual
Survey of State Government Finances, FY 2008–2012.

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Table 48
Tennessee local government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)*
$13,636
13,209
13,699
14,100
14,596

*Amounts are actual expenditures.
Sources: Davidson County Comprehensive Annual Financial Report; Shelby County
Comprehensive Annual Financial Report, FY 2008–2012.

Texas
Texas Indigent Defense Commission
Texas Code Crim. Proc. 1.051; Texas Gov’t Code 79.001
through 70.039
The Texas Indigent Defense Commission was established in
2011 and replaced the Texas Task Force on Indigent Defense.
The commission is administratively attached to the Office
of Court Administration of the Texas Judicial System, and is
governed by a board consisting of eight ex officio members
and five appointed members, including the chief justice of
the Texas Supreme Court, the presiding judge of the court
of criminal appeals, one member of the state senate who is
designated by the lieutenant governor, one member of the
house of representatives as appointed by the speaker of the
house, a court of appeals justice designated by the governor
and one of the county court or statutory county court
judges, one other member of the state senate appointed by
the lieutenant governor, the chair of the House Criminal
Jurisprudence Committee, and five additional members
appointed by the governor with the advice and consent of the
state senate. The commission was created to help interactions
between state and local government for indigent defense
services in the state. The state provides some funding for
indigent defense services. In exchange, the local judiciaries
report plans and financial data to the commission, which are in
turn viewable to the public in a centralized location.
Office of Capital Writs (est. 2010)
Texas Code Crim. Proc. 78.001
The state also has an Office of Capital Writs, established in
2010, to provide representation to individuals convicted of
capital crimes in state post-conviction habeas corpus and
related proceedings. The office is governed by the Capital Writs
Committee, which is comprised of five members appointed
by the president of the State Bar of Texas, with ratification by
the executive committee of the State Bar of Texas. The office
receives funds for personnel costs and expenses from the
General Appropriations Act and the Fair Defense Account. The
Texas Indigent Defense Commission may also use funds from
the Fair Defense Account to fund grants to counties to provide
indigent defense services.

Office of State Counsel for Offenders
Texas Health & Safety Code 841.005
The Office of State Counsel for Offenders represents indigent
defenders who are incarcerated in the Texas Department of
Criminal Justice with counsel. The office consists of five legal
sections:
„„Trial
„„Immigration
„„General Legal
„„Civil Commitment
„„Appellate.

Local administration
Texas Code Crim. Proc. 26.044; 26.047 through 78.056
The Texas Fair Defense Act (FDA) was passed by the Texas
Legislature in 2001, which required all criminal courts
to adopt formal practices for providing indigent defense
services in the state. The act helped provide uniformity and
statewide procedures. Counties are allowed to determine
a plan individually or among two or more counties for the
method of providing indigent defense services, including a
managed assigned counsel program, contract counsel, a public
defender program, or some combination of these methods.
The commissioners court of any county, on written approval
of a judge of a county court, statutory county court, or district
court trying certain cases, may create a department of the
county or designate a nonprofit corporation to serve as a public
defender’s office. The commissioners’ courts of two or more
counties may enter into a written agreement to jointly create or
designate and jointly fund a regional public defender’s office. The
commissioners’ court(s) appropriate funds for a such an office.
Services may be provided to defendants in criminal matters or
in any adversary, judicial proceeding that may result in
punishment by confinement, juvenile offenses, or if the court
determines representation is required in the interest of justice.
Services may also be provided in certain appellate and
post-conviction habeas corpus matters. The state provides
some appropriations for indigent defense services, but the
majority of funds are provided locally.
Table 49
Texas state government indigent defense expenditures,
FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Texas*
$19,248
$22,299
26,882
29,835
30,377
29,373
35,537
35,616
26,981
29,548

*Amounts are actual expenditures.
Sources: Texas Task Force on Indigent Defense Annual and Expenditure Report; Texas
Indigent Defense Commission Annual and Expenditure Report; and U.S. Census
Bureau, Annual Survey of State Government Finances, FY 2008–2012.

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Census Bureau data was available for three counties: Bexar,
Dallas, and Harris Counties. Census data for Harris County
was only available for FY 2011 and appear to be for a public
defender pilot program.
Table 50
Texas local government indigent defense expenditures,
FY 2008–2012
Fiscal year
2008
2009
2010
2011

Total expenditures (in thousands)*
$7,436
8,939
8,793
9,208

*Census data for Bexar, Dallas, and Harris Counties. Census data for Harris County
were only available for FY 2011 and appear to be for a public defender pilot
program.
Source: U.S. Census Bureau, Annual Survey of State and Local Government Finances,
FY 2008–2012.

Utah
Local administration
Utah Code Ann. § 77-32-101
Traditionally, indigent defense programs have received no
funding from the state. However, funding has changed slightly
in recent years. Counties in Utah depend on numerous
models of indigent defense delivery systems. Some counties
have public defender offices, while other counties in the state
contract with individual attorneys or use assigned counsel to
provide indigent representation similar to other states that
provide county-run indigent defense services.
Post Conviction Indigent Defense Fund
Utah Code Ann. § 77-32-701
The only funding for indigent defense services from the State
of Utah comes from the Post Conviction Indigent Defense
Fund, which provides funding for persons convicted of a
capital crime and sentenced to death to challenge the
conviction and have counsel appointed. If a defendant requests
counsel and is determined by the court to be indigent, costs of
counsel and other reasonable litigation expenses incurred in
providing the representation are paid from the state fund.
Table 51
Utah state government indigent defense expenditures,
FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Utah*
…
$7
…
96
…
113
…
168
…
108

…Not available.
*Amounts are actual expenditures.
Sources: Utah Comprehensive Annual Financial Reports; and U.S. Census Bureau,
Annual Survey of State Government Finances, FY 2008–2012.

Vermont
Office of the Defender General (est. 1972)
13 V.S.A. § 5201 through 5277
The state’s general assembly funds the Office of the Defender
General to provide indigent defense services statewide. An
appointed defender general administers the office and may
establish a public defender office to determine how indigent
defense services may be provided. Indigent defense services
may be provided in a number of ways, including personally by
the appointed defender general, employed public defenders, or
contracted attorneys.
Clerical and office staff of the Office of the Defender General
and in all local offices are considered state employees and are
therefore paid by the state. The office’s budget must be adopted
by the general assembly. On rare occasions, the governor and
the state treasurer may approve additional funds from the
contingent fund after a budget has been adopted.
The defender general is required to submit an annual report to
the state’s house and senate judiciary committees on activities,
including the number of individuals represented, crimes
involved, outcome, and the expenditures of the office required
to fulfill its obligations.
Table 52
Vermont state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Vermont*
$10,476
$10,526
10,955
10,990
11,261
11,299
11,649
11,704
12,103
12,136

*Amounts are actual expenditures.
Sources: Vermont Final Comprehensive Annual Financial Report; and U.S. Census
Bureau, Annual Survey of State Government Finances, FY 2008–2012.

Virginia
Virginia Indigent Defense Commission (est. 2004)
Va. Code Ann. § 19.2-163.01
The Virginia Indigent Defense Commission is responsible for
overseeing indigent defense services in the Commonwealth.
The commission consists of 14 members: the chairmen of
the state’s house and senate committees for courts of justice,
the chairman of the Virginia State Crime Commission, the
executive secretary of the Virginia Supreme Court, two
attorneys officially designated by the Virginia State Bar, two
members appointed by the governor, three members appointed
by the speaker of the house of delegates, and three members
appointed by the Senate Committee on Rules. Indigent defense
services may be provided to an individual charged with a
criminal offense punishable by death or confinement in a state
correctional facility or jail.

Indigent Defense Services in the United States, FY 2008–2012 | July 2014	

27

The commission is responsible for maintaining public defender
and regional capital defender offices that are established by
the state general assembly. The commission is also responsible
for hiring an executive director, who in turn may, with the
commission’s approval, appoint public or capital defenders to
established offices. The executive director is responsible for
fixing compensation for public defenders and other personnel
in each public defender office, subject to approval of the
commission. The commission must approve requests for
appropriations, and receives and expends money appropriated
by the general assembly. The governing body of any city or
county may supplement compensation of the public defender
above the amount fixed by the executive director. The
commission also maintains a list of attorneys who may serve as
court-appointed counsel for indigent defendants, in addition
to public defenders.
The Virginia Indigent Defense Commission does not directly
pay assigned council vouchers. These vouchers are paid
directly by the Virginia State Supreme Court. As of this
writing, the U.S. Census Bureau was unable to obtain exact
figures from the state for these vouchers.
Table 53
Virginia state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Virginia*
$40,985
$39,658
42,039
43,300
40,651
43,300
41,450
42,634
43,257
42,619

*Amounts are appropriations.
Sources: The Executive Budget Document - Indigent Defense Commission; and U.S.
Census Bureau, Annual Survey of State Government Finances, FY 2008–2012.

Washington

Local administration
At the trial court level in the State of Washington, public
defense is provided within local county and city systems. The
counties and cities in Washington provide the majority of the
funding of public defender programs, while the state provides
a small amount of funding on these programs.
Table 54
Washington state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

*Amounts are appropriations.
Sources: Washington State Judicial Department Budget Publications; and U.S.
Census Bureau, Annual Survey of State Government Finances, FY 2008–2012.

Local expenditures for public defender programs in the State of
Washington were provided for King County through the data
queries for the Annual Survey of Local Government Finances.
Table 55
Washington local government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
King County*
$39,112
$40,591
42,593
37,473
39,000
38,446
41,966
38,004
…
40,526

…Not available.
*Amounts are actual expenditures.
Sources: King County, Comprehensive Annual Financial Reports; and U.S. Census
Bureau, Annual Survey of State and Local Government Finances, FY 2008–2012.

Office of Public Defense (est. 1996)
Wash. Rev. Code § 2.70.005 through 2.70.900
In Washington, public defense is provided by the Office of
Public Defense (OPD) as an agency of the judicial branch,
permanently authorized by the state legislature in 1996. OPD
administers state funds appropriated for trial court criminal
indigent defense, appellate indigent defense, representation of
indigent parents qualified for appointed counsel in dependency
and termination cases, extraordinary criminal justice cost
petitions, compilation of copies of DNA test requests by
persons convicted of felonies, and representation of indigent
respondents qualified for appointed counsel in sexually violent
predator civil commitment cases.

Total expenditures (in thousands)
U.S. Census Bureau
State of Washington*
$27,015
$27,330
26,833
27,292
26,415
25,385
26,308
24,592
25,564
25,025

West Virginia
Public Defender Services (est. 1989)
W. Va. Code § 29-21-1 through 29-21-21
West Virginia Public Defender Services (PDS) administers,
coordinates, and evaluates local indigent defense programs
in the state’s 31 judicial districts. The PDS provides indigent
defense in two ways: public defender corporations and private
appointed counsel. Public defender corporations are in charge
of indigent defense programs in their individual judicial
districts. Each office has almost complete local administrative
control over its jurisdiction, but remains completely state
funded. The PDS pays for all private counsel salaries and their
expenses. However, local judges maintain almost complete
control over this aspect of the indigent defense system by the
appointing counsel.

Indigent Defense Services in the United States, FY 2008–2012 | July 2014	

28

Indigent Defense Commission
W. Va. Code § 29-21-3b
In 2008, the Indigent Defense Commission was established,
with a board of directors consisting of one former or retired
circuit judge; three lawyers, one from each congressional
district, who have significant experience in the defense of
criminal cases or have demonstrated a strong commitment to
quality representation of indigent defendants; one current chief
public defender; and one non-attorney with a demonstrated
commitment to providing legal services to the indigent; one
person who is a member of an organization that advocates on
behalf of people with mental illness and developmental
disabilities; and one attorney with significant experience in the
defense of juvenile delinquency and abuse and neglect cases.
With the new Indigent Defense Commission, additional
oversight of the highly localized indigent defense system in
West Virginia is provided. The commission is in charge of
creating new public defender offices and integrating or
dissolving existing public defender corporations.
Table 56
West Virginia state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of West Virginia*
$37,538
$36,433
38,523
38,594
51,522
50,960
45,827
38,539
42,681
42,768

*Amounts are actual expenditures.
Sources: West Virginia Public Defender Services Annual Reports; and U.S. Census
Bureau, Annual Survey of State Government Finances, FY 2008–2012.

„„The Appellate Division provides assistance to indigents

involved in appeals, including post-conviction and
post-commitment proceedings.

„„The Administrative Division is responsible for providing

staff support services in areas, such as human resources,
payroll, budget preparation and analysis, accounting and
purchasing, and collections and verification.

„„The Assigned Counsel Division oversees certification,

appointment, and payment of private attorneys who
represent SPD clients.

Three offices are also located in the state: legal counsel, training
and development, and information technology. Thirty-eight
field offices, 36 of which are trial-level offices, provide
representation in every county in Wisconsin. The majority of
the funding of public defender programs is paid for by the
State of Wisconsin, while counties in the state provide a small
amount of funding on these programs.
Table 57
Wisconsin state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Wisconsin*
$83,853
$81,645
77,297
81,159
86,994
80,740
77,370
80,599
90,592
81,691

*Amounts are appropriations. Appropriations for 2010 and 2011 included one-time
funding of approximately $4.5 million for the provision of civil indigent defense.
Sources: Wisconsin State Appropriation Bills; and U.S. Census Bureau, Annual Survey
of State Government Finances, FY 2008–2012.

Wisconsin

Wyoming

Office of the State Public Defender (est. 1977)
Wis. Stat. § 977.01 through 977.09

Office of the State Public Defender (est. 1977)
Wyo. Stat. Ann. § 7-6-101 through 7-6-114

In Wisconsin, the state public defender system has regional
offices that provide trial and appellate representation through
the Office of the State Public Defender (SPD). The Public
Defender Board, which consists of nine members selected by
the governor and confirmed by the state senate, appoints the
state public defender to supervise the operation, activities,
policies, and procedures of the SPD.

Wyoming’s Office of the State Public Defender provides
assistance counsel to indigent adult criminal and juvenile
delinquency trial and appellate cases in circuit, district, and
juvenile courts. The public defender ensures the protection
of due process rights for clients at all stages of a criminal
proceeding by informing, advising, advocating, and negotiating
on behalf of the client. In all stages of a criminal case, the
public defender provides representation for clients, including
attempts to resolve cases through fair plea negotiations. Fifteen
offices are located throughout the state, including one main
office and 14 field offices handling indigent defense cases in
one or more counties. The Office of the State Public Defender
acts as a separate operating agency under the executive branch
of the state government. The State of Wyoming is responsible
for 85% of the total cost of the state public defender program,
and the counties contribute the remaining 15% of the
total cost.

The SPD is organized into four divisions:
„„The Trial Division provides legal representation to

eligible persons charged with adult crimes or juvenile
offenses punishable by imprisonment; facing involuntary
commitment; involved in certain family disputes, such as
termination of parental rights; or subject to a revocation
hearing in which incarceration is sought.

Indigent Defense Services in the United States, FY 2008–2012 | July 2014	

29

Table 58
Wyoming state government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total expenditures (in thousands)
U.S. Census Bureau
State of Wyoming*
$7,496
$7,608
9,734
9,826
9,896
9,932
9,443
9,372
10,258
11,476

*Amounts are 85% of the actual expenditures.
Sources: Wyoming Office of State Public Defender Annual Reports; and U.S. Census
Bureau, Annual Survey of State Government Finances, FY 2008–2012.

Table 59
Wyoming local government indigent defense
expenditures, FY 2008–2012
Fiscal year
2008
2009
2010
2011
2012

Total county expenditures (in thousands)
U.S. Census Bureau
State of Wyoming*
$1,323
$1,342
1,718
1,734
1,746
1,753
1,666
1,654
1,810
2,025

*Amounts are 15% of the actual expenditures.
Sources: Wyoming Office of State Public Defender Annual Reports; and U.S. Census
Bureau, Annual Survey of State and Local Government Finances, FY 2008–2012.

Indigent Defense Services in the United States, FY 2008–2012 | July 2014	

30

Appendix table 1
State government indigent defense expenditures, by state, FY 2008–2012
2008

2009
IntergovernIntergovernDirect
mental
Direct
mental
Total
expenditures expenditures Total
expenditures expenditures
State
(thousands) (thousands) (thousands) (thousands) (thousands) (thousands)
Alabama
$67,749
$0
$67,749
$66,895
$0
$66,895
Alaska
31,521
0
31,421
33,232
0
33,232
Arizona
2,611
1,836
775
2,447
1,640
807
Arkansas
28,744
0
28,744
22,395
0
22,395
Californiaa
24,131
0
24,131
24,613
0
24,613
Colorado
80,906
0
80,906
92,322
0
92,322
Connecticut
48,062
0
48,062
48,511
0
48,511
Delaware
14,944
0
14,944
14,550
0
14,550
Floridab
239,255
0
239,255
221,414
0
221,414
Georgia
71,050
~
~
61,895
2,564
59,331
Hawaii
9,732
0
9,732
9,973
0
9,973
Idaho
2,052
0
2,052
2,084
0
2,084
Illinois
24,424
0
24,424
25,132
0
25,132
Indiana
21,778 14,342
7,436
22,822 15,074
7,748
Iowa
52,424
0
52,424
55,319
0
55,319
Kansas
23,427
0
23,427
23,518
0
23,518
Kentucky
40,087
0
40,087
38,619
0
38,619
Louisianac
28,355
0
28,355
27,869
0
27,869
Maine
13,959
0
13,959
13,136
0
13,136
Maryland
89,141
0
89,141
90,735
0
90,735
Massachusetts
204,325
0
204,325
192,789
0
192,789
Michigan
13,622
0
13,622
13,550
0
13,550
Minnesota
67,370 11,587
55,783
67,775 12,877
54,898
Mississippi
2,810
0
2,810
3,100
0
3,100
Missouri
34,501
0
34,501
35,614
0
35,614
Montana
19,711
0
19,711
20,473
0
20,473
Nebraska
3,337
0
3,337
3,471
0
3,471
Nevada
1,927
0
1,927
2,155
0
2,155
New Hampshire
16,581
0
16,581
17,930
0
17,930
New Jersey
110,640
0
110,640
115,620
0
115,620
New Mexico
41,293
0
41,293
42,732
0
42,732
New York
100,447 67,800
32,647
104,679 76,560
28,119
North Carolina
116,097
0
116,097
126,891
0
126,891
North Dakota
4,659
0
4,659
5,144
0
5,144
Ohio
86,076 44,839
41,237
65,037 29,357
35,680
Oklahoma
17,361
0
17,361
18,006
0
18,006
Oregon
106,614
0
106,614
100,580
0
100,580

2010

2011
2012
IntergovernIntergovernDirect
mental
Direct
mental
Direct
Total
expenditures expenditures Total
expenditures expenditures Total
expenditures
(thousands) (thousands) (thousands) (thousands) (thousands) (thousands) (thousands) (thousands)
$63,702
$0
$63,702
$65,197
$0
$65,197
$59,707 $59,707
35,198
0
35,198
37,370
0
37,370
40,036 40,036
2,188
1,322
866
2,155
1,427
728
1,378
742
29,795
0
29,795
34,277
0
34,277
37,600 37,600
23,338
0
23,338
23,459
0
23,459
22,672 22,672
93,784
0
93,784
90,896
0
90,896
100,714 100,714
48,265
0
48,265
50,476
0
50,476
64,002 64,002
14,162
0
14,162
15,015
0
15,015
18,792 18,792
218,951
0
218,951
210,888
0
210,888
214,526 214,526
66,509
~
~
67,643
2,263
65,380
69,539 67,489
9,079
0
9,079
8,732
0
8,732
9,275
9,275
1,930
0
1,930
1,987
0
1,987
1,990
1,990
23,463
0
23,463
22,952
0
22,952
20,266 20,266
23,839 16,030
7,809
23,975 16,236
7,739
24,906
7,924
55,901
0
55,901
54,634
0
54,634
55,726 55,726
23,767
0
23,767
22,759
0
22,759
22,714 22,714
44,063
0
44,063
44,299
0
44,299
43,586 43,586
68,379
0
68,379
70,245
0
70,245
67,964 67,964
12,571
0
12,571
13,274
0
13,274
14,448 14,448
85,971
0
85,971
85,918
0
85,918
87,952 87,952
199,799
0
199,799
197,040
0
197,040
191,228 191,228
12,833
0
12,833
12,750
0
12,750
12,866 12,866
66,238 12,117
54,121
67,163 12,953
54,210
64,509 52,833
3,268
0
3,268
3,582
0
3,582
4,307
4,307
35,913
0
35,913
36,145
0
36,145
35,739 35,739
20,337
0
20,337
21,406
0
21,406
23,335 23,335
3,733
0
3,733
3,605
0
3,605
3,533
3,533
2,273
0
2,273
2,644
0
2,644
3,234
3,234
18,478
0
18,478
18,957
0
18,957
18,038 18,038
113,643
0
113,643
115,683
0
115,683
117,628 117,628
41,029
0
41,029
40,523
0
40,523
38,519 38,519
95,877 73,500
22,377
90,809 65,769
25,040
62,700
408
131,386
0
131,386
135,961
0
135,961
125,603 125,603
5,463
0
5,463
5,827
0
5,827
6,140
6,140
68,043 35,979
32,064
74,233 41,801
32,432
70,413 30,846
17,186
310
16,876
16,840
0
16,840
16,581 16,581
118,057
0
118,057
108,664
0
108,664
112,269 112,269

Intergovernmental
expenditures
(thousands)
$0
0
636
0
0
0
0
0
0
2,050
0
0
0
16,982
0
0
0
0
0
0
0
0
11,676
0
0
0
0
0
0
0
0
62,292
0
0
39,567
0
0

Continued on next page
Indigent Defense Services in the United States, FY 2008–2012 | July 2014	

31

Appendix table 1 (continued)
State government indigent defense expenditures, by state, FY 2008–2012
2008

State
Pennsylvania
Rhode Island
South Carolina
South Dakotad
Tennessee
Texas
Utahe
Vermont
Virginiaf
Washington
West Virginia
Wisconsin
Wyoming

2009
IntergovernIntergovernDirect
mental
Direct
mental
Total
expenditures expenditures Total
expenditures expenditures
(thousands) (thousands) (thousands) (thousands) (thousands) (thousands)
$0
12,673
23,763
769
62,152
19,248
7
10,476
40,985
27,015
37,538
85,102
7,496

$0
0
11,590
769
4,694
18,533
7
0
0
0
0
0
0

$0
12,673
12,173
0
57,458
715
0
10,476
40,985
27,015
37,538
85,102
7,496

$0
12,613
27,793
751
~
26,882
96
10,955
42,039
26,833
38,523
77,338
9,734

$0
0
11,687
751
~
25,786
96
0
0
0
0
0
0

$0
12,613
16,106
0
~
1,096
0
10,955
42,039
26,833
38,523
77,338
9,734

2010

2011
2012
IntergovernIntergovernIntergovernDirect
mental
Direct
mental
Direct
mental
Total
expenditures expenditures Total
expenditures expenditures Total
expenditures expenditures
(thousands) (thousands) (thousands) (thousands) (thousands) (thousands) (thousands) (thousands) (thousands)
$0
12,671
24,702
696
69,704
30,377
113
11,261
40,651
26,415
51,522
89,140
9,896

$0
0
9,429
696
4,566
28,491
113
0
0
0
0
0
0

$0
12,671
15,273
0
65,138
1,886
0
11,261
40,651
26,415
51,522
89,140
9,896

$0
13,434
21,717
646
71,144
35,537
168
11,649
41,450
26,308
45,827
80,203
9,443

$0
0
8,718
646
4,521
32,723
168
0
0
0
0
0
0

$0
13,434
12,999
0
66,623
2,814
0
11,649
41,450
26,308
45,827
80,203
9,443

$0
13,805
21,938
624
74,032
26,981
108
12,103
43,257
25,564
42,681
90,640
10,258

$0
13,805
$13,173
0
69,450
2,536
0
12,103
43,257
25,564
42,681
90,640
10,258

$0
0
8,765
624
4,582
24,445
108
0
0
0
0
0
0

~ Not applicable.
aData are actual amounts from the California Governor's Budget.
bA portion of the data for the state of Florida was unavailable.
cData are the sum of Census Bureau query and judicial district expenditures from the Louisiana Public Defender Board's Annual Report.
dData are actual amounts from the South Dakota State Treasurer's Fiscal Report.
eData are actual amounts from Utah’s Comprehensive Annual Financial Report.
fVirginia expenditures exclude assigned counsel vouchers paid by the state supreme court.
Source: U.S. Census Bureau, Annual Survey of Government Finances, FY 2008–2012.

Indigent Defense Services in the United States, FY 2008–2012 | July 2014	

32

Appendix table 2
Source of state government indigent defense expenditures, by state, FY 2008–2012
State
Alabama
Alaska

External source

Appropriated/
Actual

Benefits
included

Percent difference,
FY 2011

Appropriated
Actual

Yes
Yes

62.22%
0.60

Arizona

Executive Budget
Governor’s Operating Budget
Governor’s Budget - Agency
Detail

Actual

Yes

2.67

Arkansas

State Budget

Actual

Yes

1.01

California

Governor’s Budget
Staff Budget Briefing for the
Judicial Branch
Agency Annual Reports
State Senate Appropriation Bill
State Budget
Budgetary Compliance Report

Actual

Yes

~

Actual
Actual
Appropriated
Appropriated
Actual

Yes
Yes
Yes
Yes
Yes

0.10
0.02
3.28
38.78
0.01

Executive Biennium Budget
Legislative Fiscal Report
State Budget
Budget Expenditure Summary
and the Commission’s Annual
Report
Agency Operating Budget
Governor’s Budget Report
State Budget
State Budget (FY08–09); Agency
Report (FY10–FY12)
Annual Report (FY08–10);
Comprehensive Annual
Financial Report (FY11–12)
Judicial and Legal Review
Budget
Budget Summaries

Appropriated
Actual
Actual

No
Yes
Yes

5.29
0.15
0.01

Actual
Actual
Actual
Appropriated
Appropriated (FY08–09);
Actual (FY10–12)

No
Yes
Yes
Yes

0.14
5.39
2.01
0.01

Yes

0.01

Actual

Partial

0.02

Actual
Actual

Yes
No

0.12
0.17

State Executive Summary
Agency Profile in State Budget
State Budget
Office Financial Summary
Report to Governor, Legislature,
and Supreme Court
Executive Budget in Brief

Appropriated
Appropriated
Appropriated
Actual

Yes
No
Yes
No

15.17
1.80
19.92
0.24

Actual
Actual
Actual (FY 08, 10, 12);
Appropriated (FY 09, 11)
Actual
Actual

Yes
Yes

5.61
0.08

Yes
~
No

7.07
0.00
3.10

Actual

Yes

1.45

Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska

Nevada
Executive Biennial Budget
New Hampshire Governor’s Operating Budget
New Jersey
State Budget
Public Defender Department
New Mexico
Financial Statement

New York
North Carolina
North Dakota
Ohio
Oklahoma

Enacted Budget
Report of the Commission on
Indigent Defense Services
Comprehensive Annual
Financial Report
Executive Budget
Budgetary Reporting/
Comprehensive Annual
Financial Report

Actual

No

27.54

Actual

Yes

0.12

Actual
Actual

Yes
Yes

6.91
0.12

Actual

Yes

16.60

Indigent Defense Services in the United States, FY 2008–2012 | July 2014	

Notes
External source excludes expenditures from the
Fair Trial Tax Fund. For the other two areas, the
differences were 0.90% and 0.00%.
Three agencies’ differences: 0%, 2.5%, and -9.6%.
Only compares expenditures for the Public
Defender Commission.
This is what Census Bureau uses for survey data;
however, the data for the Appellate Projects
cannot be pulled from the Judicial Council’s
expenditures.
The Office of Dispute Resolution was not available
for external comparison.
The two sources need to be reconciled.
External source was unavailable for FY11; the
comparison was done with FY12 information.

Difference for the Council was 1.66%; for the
Office, 1.04%; for the Commission, -0.07%.

Comparison only for board expenditures, not for
judicial districts.

External amounts were the governor’s
recommended appropriations.

Central administrative expenditures were
excluded from the external source.
Odd years were presented as an adjusted
appropriation amount.
Services were contracted out.

Nonpersonal service/indirect costs were
unavailable through Ebasic. External data were
used. Amounts for local assistance and personal
assistance match exactly.
Comparison excludes the Office of Management
and Budget. External detail was unavailable for
the office.

Continued on next page

33

Appendix table 2 (continued)
Source of state government indigent defense expenditures, by state, FY 2008–2012
State
Oregon

External source
Governor’s Budget

Appropriated/
Actual
Actual

Pennsylvania

~

~

Rhode Island
South Carolina

State Judicial Department
and Office of Public Defender
Budgets
Detail Base Budget

South Dakota

State Treasurer’s Fiscal Report

Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

Benefits
included
Yes

Percent difference,
FY 2011
1.43%

~

~

Actual

Yes

0.04

Appropriated

Yes

0.02

Actual

~

~

State Budget
Indigent Defense Commission’s
Annual and Expenditure Report
Comprehensive Annual
Financial Report
Comprehensive Annual
Financial Report
Executive Budget
State Judicial Department
Budget
Department Annual Report

Actual
Actual

Yes
Yes

2.82
0.22

Actual

~

~

Actual

Yes

0.47

Appropriated
Appropriated

Yes
Yes

2.78
6.98

Actual

Yes

18.91

State Appropriations Bill
Comprehensive Annual
Financial Report

Appropriated
Actual

Yes
Yes

0.50
0.77

Notes
Based on a two-year aggregate because of
budget reporting. FY10 and FY11 data were used.
Data unavailable at the state level because
the state provides zero assistance to local
governments.

Amounts were actual amounts appropriated
to the agency in prior fiscal years, not amounts
expended.
Expenditure data unavailable. External source
was used.

Expenditure data unavailable. External source
was used.

Annual report doesn’t show expenditures from
the Public Defender Lottery Fund.
One agency was 0.5%; the other matched.

~ Not applicable.
Sources: State government budget and appropriation documents, FY 2008–2012.

Indigent Defense Services in the United States, FY 2008–2012 | July 2014	

34

Appendix A: Comparing Census Bureau data to external sources
To ensure the accuracy of data presented from the Annual
State Government Finance Survey, the Census Bureau
compared these data to information provided by external
sources, including state budgets, comprehensive annual
financial reports, agency reports, and appropriation bills.
Amounts reported by the Census Bureau were compared to
actual amounts, when available. Appropriated amounts were
consulted when actual amounts were unavailable.

Comparing actual expenditures to appropriated amounts
in an external source can lead to a larger difference, though
this was not always the case. Agencies may not always
expend everything that is appropriated in the fiscal year, or
additional carryover from a prior fiscal year could be used for
expenditures. For the majority of comparisons, the external
amount tended to be greater than the Census Bureau amount.
Cases in which the opposite result occurred are noted.

Fiscal year 2011 was analyzed to determine the cause of
expenditure differences between external reports and Census
Bureau data, if any. Using 2011 data provided an opportunity
for any revisions to be incorporated in Census Bureau data.
In addition, 2011 provides a more recent view of what can be
anticipated in terms of organization and accounting structure
in the future, rather than previous years.

Certain states have central agencies that expend the state’s
employer contributions into its pension systems. In these
situations, the detail explaining to which functional agency
those employer contributions were assigned is nonexistent.
As a result, seven states that expend employer contributions
into pension systems are excluded in Census Bureau
expenditure amounts.

Based on FY 2011, the following results were found:4

Census Bureau data for state government finances are stored
in the database in thousands of dollars. Due to rounding
procedures set up in the processing system, some amounts
may be rounded up, rounded down, or lost (e.g., if the amount
of the expenditure line item is less than $500). Depending on
the amount of expenditure line items in the database for the
agency providing indigent defense services, this rounding
effect can have a minimal impact or a large impact (e.g., a
state agency that has over 500 lines of expenditures). A future
solution would be to pull the data from the raw data files
provided by the state governments. However, a small number
of states provide data in thousands of dollars.

„„23 states had a percentage difference of 1.0% or less.5
„„10 states had a percentage difference between 1.0% and

5.0%.

„„6 states had a percentage difference between 5.0% and

10.0%.

„„4 states had a percentage difference between 10.0% and

20.0%.

„„3 states had a percentage difference greater than 20.0%.
„„4 states and the District of Columbia were not applicable to

the external source comparison.6

Detailed explanations for each state are included in this
appendix. Three common reasons were determined to be the
cause of expenditure differences between Census Bureau data
and external sources:
„„comparing actual amounts to appropriated amounts
„„excluding employer contributions to pension systems at the

agency level

„„storing data for the Annual Survey of State Government

Finances in thousands of dollars.

4For

the State of Hawaii, data from FY 2012 were used for external
comparison because FY 2011 external data were unavailable.
5To find the difference, the Census Bureau’s amount was subtracted from
the external source. The percentage difference is the absolute value of the
difference as a percentage of the external source.
6Excludes California, Pennsylvania, South Dakota, and Utah. For more
information, see explanations for each state in this appendix. Also
excludes the District of Columbia because its indigent defense services are
federally funded.

The following sections of this appendix provide a state-by-state
discussion of the differences between Census Bureau data and
the external sources used for comparison. See appendix table 2
for a summary of the external sources used, appropriated versus
actual external amounts, whether benefits were included in the
data, and the FY 2011 percentage differences. In certain instances,
state data in other fiscal years exhibited a large difference between
Census Bureau data and the external sources. Those notable
disparities are discussed below, if applicable.
Alabama
Census Bureau data included retirement benefits. The external
source was the state’s executive budget document, which
provided appropriated amounts. The external source total
was only the sum of the Fair Trial Tax Transfer and indigent
defense activity within the Alabama Department of Finance,
and did not clearly exhibit the expenditures for the money
spent within the Fair Trial Tax Fund.

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35

Appendix A: Comparing Census Bureau data to external sources (continued)
The total difference between the two sources was $25 million,
or 62.22%. However, the majority of the difference could be
contributed to the missing expenditures of the Fair Trial Tax
Fund. The difference for the indigent defense activity within
the state’s Department of Finance was $1,000, or 0.9%. The
amounts for the Fair Trial Tax Transfer were equal.
The budget was organized by fund, not necessarily the activity
in question. Given the areas available for comparison, the
amounts pulled from Census Bureau data are accurate.
Alaska
Census Bureau data for Public Defender Agency expenditures
included retirement benefits. The external source was
the Governor’s Operating Budget, which provided actual
expenditures from prior fiscal years. The difference between
the two sources was $138,000, or 0.60%. This difference
could be largely attributed to rounding effects, given that 94
expenditure lines were included in fiscal year 2011 data.

California
California is the only state for which the Census Bureau does
not receive an electronic source. As a result, expenditures
for this state were compiled using the State of California
Governor’s Budget, which would have been the external
source used for comparison. Because this external source
was consulted for data, no differences exist between the two
data sources.
Expenditures for the California Appellate Project were not
available in the Governor’s Budget. This program was primarily
funded by contract through the Judicial Council of California.
While expenditures for the council were available in the budget
document, the expenditures were broken out by fund detail
and not the program. Because of the lack of program detail,
the contract expenditures for the California Appellate Project
were unavailable.
Colorado

While the majority of spending for indigent defense is in
the counties, three state programs spend money on indigent
defense: the State Aid to Indigent Defense Fund, the State
Capital Postconviction Public Defender Office, and the County
Public Defender Training Fund. Retirement benefits were
included in Census Bureau data, but it was a small amount
because the majority of expenditures at the state level were
intergovernmental aid. Actual amounts were available in the
Governor’s Budget - Agency Detail Book. Separate amounts for
each state program were provided.

Four agencies are responsible for some portion of indigent
defense for the state: the Office of Dispute Resolution, the
Office of the State Public Defender, the Office of the Alternate
Defense Counsel, and the Office of the Child’s Representative.
Census Bureau data for each agency included retirement
benefits. The external source was the Staff Budget Briefing for
the Judicial Branch and included actual amounts for the State
Public Defender Office, Alternate Defense Counsel Office, and
Child’s Representative Office. The external source excluded
amounts for the Office of Dispute Resolution. Census Bureau
data for the Office of Dispute Resolution was $218,000 out of
the $90.9 million expenditure total.

The total difference between Census Bureau data and the
external source was $56,000, or 2.67%. The State Aid to
Indigent Defense Fund was equal in both sources. The largest
difference came from the County Public Defender Training
Fund, which was a 9.60% difference. The cause of the difference
between the two sources was due to rounding.

Comparing the expenditures from the available agencies, the
difference between the two sources was $96,000, or 0.10%. For
the State Public Defender Office, the difference was 0.50%.
For the Alternate Defense Counsel Office, the difference was
0.01%. For the Child’s Representative Office, the difference was
0.06%.

Arkansas

Connecticut

The majority of expenditures were from the state’s Public
Defender Commission; however, in conflict cases, the
expenditures came from the Arkansas Supreme Court,
Arkansas Administrative Office of the Courts, and Arkansas
Court of Appeals. Retirement benefits were included in Census
Bureau data at the agency level. The external source was the
State Budget, which provided actual expenditures at the agency
level. As a result, expenditures from the state supreme court,
administrative office of the courts, and the court of appeals
could be extracted from the external source.

Data for the Public Defender Services Commission were
available in Census Bureau data, with pension payments
included. The external source was the Annual Report of the
Chief Public Defender, which provided actual expenditures for
the commission.

Arizona

The difference between the two sources of data was $8,000, or
0.02%. The difference is attributed to rounding issues.

Comparing expenditures from only the Public Defender
Commission, the difference between Census Bureau data and
the external source was $217,000, or 1.01%. This difference is
related to rounding issues and possible accounting adjustments
that were consciously excluded from the database query.
Indigent Defense Services in the United States, FY 2008–2012 | July 2014	

36

Appendix A: Comparing Census Bureau data to external sources (continued)
Delaware
Indigent defense in the state is funded and run by the state’s
Office of the Public Defender. Census Bureau data included
pension payments for the office. The external source was an
appropriation bill passed by the state senate that breaks out
specific appropriations for the office.
Even with this appropriated amount, the expenditures of the two
sources were close. The difference was $477,000, or 3.28%. The
raw data file was analyzed to determine whether rounding was
an issue. When the original difference between the two sources
was analyzed, Census Bureau data was $478,000 greater than the
appropriated amount. When the raw data file was analyzed in
whole dollar amounts, the Census Bureau data was $74,000 less
than the appropriated amount. This is a 0.51% difference.
Florida
A majority of the expenditures in Census Bureau data were
found in the Justice Administrative Commission. Benefit
payments were included in the database query, which yielded
over 1,000 lines of expenditures for indigent defense. The
external source was the enacted budget for each fiscal year. For
fiscal year 2011, this was the Laws of Florida, Chapter 2010-152.
Appropriations in the budget provided more detailed
information. Some items in the budget were rolled up into
something excluded in the Census detail. The difference
between the two sources was $133.6 million, or 38.78% (the
appropriations were greater). The difference could be a result of
other items excluded in the query (e.g., transfers and refunds),
rounding issues, and comparing actual expenditures to
appropriated amounts.
More reconciliation work needs to be done for Florida. The
Census Bureau will continue to look into the discrepancies
once this report is submitted.
Georgia
The Georgia Public Defender Standards Council oversees
indigent defense in the state. The agency was available in
the Census Bureau data and included retirement benefits at
the function level. The external source was the Budgetary
Compliance Report, which provided actual amounts for each
fiscal year. The difference between the two sources was $9,000,
or 0.01%.
Census Bureau data for 2008 and 2010 were abnormally lower
than the external source and the remainder of the data series.
Analysis of the raw data file revealed that the file received
from the state did not provide reliable amounts for certain
expenditure lines. This data agreement with the state has

since been renegotiated, and the data abnormalities have been
fixed. Given that the external source and the reliable years
of data were so close, the final data table included external
data for total expenditures in fiscal years 2008 and 2010.
The external source did not separate intergovernmental and
direct expenditures, so those data were not available for 2008
and 2010.
Hawaii
Hawaii’s Office of the Public Defender data were available
in the Census Bureau data. However, retirement benefit
payments for the state were in a central location for the entire
Department of Budget and Finance, so these payments were
excluded in indigent defense expenditures. The external
source was the Executive Biennium Budget, which provided
appropriated amounts for both current and historical years.
A recent website redesign has left the 2009 to 2011 biennium
budget unavailable, even in archived web pages. This means
for fiscal years 2010 and 2011, no external source was available
for comparison. In this state, fiscal year 2012 was used for
comparison. The difference between the two sources in 2012
was $518,000, or 5.29%. The combination of comparing actual
amounts to appropriated amounts, and excluding retirement
benefits could have contributed to the difference.
Idaho
While indigent defense services are mainly provided by
the county, the state has an Office of the Appellate Public
Defender. This agency’s expenditures were available in the
Census Bureau data and provided retirement benefits at the
function level. The external source was the Legislative Fiscal
Report for the agency, which showed actual amounts for prior
fiscal years.
The difference between the two sources was $3,000, or 0.15%.
This difference could be attributed to rounding, as the raw data
file was delivered in whole dollars.
Illinois
At the trial level, indigent defense is mainly county run and
funded, but the Office of the State Appellate Defender within
the state government represents indigent defendants on appeal.
Census Bureau data for the office included retirement benefit
contributions. The external source was the state budget, which
showed actual amounts for each year. The difference between
the two sources was $3,000, or 0.01%.

Indigent Defense Services in the United States, FY 2008–2012 | July 2014	

37

Appendix A: Comparing Census Bureau data to external sources (continued)
Indiana

Kentucky

Indigent defense services are provided, in part, from the state
government through three agencies: the Office of the State
Public Defender, the State Public Defender Council, and the
Public Defender Commission. All agency data were available
through the Census Bureau data, but retirement contributions
were provided by a central agency for the state and were not
included in the final data.

The Department of Public Advocacy is primarily state funded,
but some funds come from county governments. Census
Bureau data included both state and county expenditures and
employer pension contributions. The external source was
the state budget, which provided appropriated amounts. The
difference between the two sources was $6,000, or 0.01%.

Two different external sources were used for comparison: the
As-Passed Budget Expenditure Summary, which contained
actual expenditure amounts for the Office of the State Public
Defender and the State Public Defender Council; and the
Annual Report of the Indiana Public Defender Commission,
which provided actual expenditure amounts for the Public
Defender Commission.7

Louisiana

The total difference between the two sources was $34,000,
or 0.14%. For the Public Defender Council, the difference
was 1.66%; for the Office of the State Public Defender,
the difference was 1.04%; and for the Public Defender
Commission, the difference was 0.07%.
Iowa
Data for the Office of the State Public Defender were available
in the Census Bureau data and included retirement benefits.
The external source was the Agency Operating Budget, which
provided actual expenditure amounts for prior years.
The difference between the two sources was $3.1 million, or
5.39%. The external amount included expenditure line items
for reversions and depreciation, which were excluded in
Census Bureau data as they were not actual cash transactions
expended in the fiscal year. Removing these two items from the
external source amount would bring the difference to about
$1 million.
Kansas
Indigent defense in felony cases is handled by the State Board
of Indigents’ Defense Services. Census Bureau data provided all
of the agency detail, including employer pension contributions.
The external data source was the Governor’s Budget Report,
which provided actual amounts for prior fiscal years.
The difference between the sources was $467,000, or 2.01%,
and could be attributed to the system rounding from actuals
provided in the raw data file. The agency had almost
180 expenditure lines.

Louisiana’s indigent defense services are administered by
the Louisiana Public Defender Board, which oversees and
funds all 42 judicial districts in the state. Census Bureau data
pulled from the database query provided only expenditures
(including retirement benefits) from the board and not those
of the 42 judicial districts, as the state considers them to be
local governments.8 The board’s website provided the current
year’s annual report, which contained actual expenditures
for the board and 42 judicial districts. This report was only
available for fiscal years 2010 through 2012. The external
source for fiscal years 2008 and 2009 was the state budget,
which provided appropriated amounts.
The difference between Census Bureau data and the board’s
expenditures in the annual report was $2,000, or 0.01%, which
could be attributed to rounding.
Because the initial database query excluded expenditures
from the judicial districts, amounts from the annual report for
district spending were included for the state expenditures in
the data table for fiscal years 2010 through 2012. This was also
the method for capturing these expenditures in the Census
Bureau’s survey.
Maine
The Maine Commission on Indigent Legal Services began
operations in fiscal year 2011. Prior to that, the Judicial
Department administered the funds for indigent defense
services. Census Bureau data contained both the data for
the commission and the services provided by the Judicial
Department of the state. Pension contributions were included
for the commission. However, pension contributions for
the Judicial Department were provided as one sum for the
department, so contributions for only those employees
providing the indigent defense services were unavailable.
8According

to Census Bureau classification, the judicial districts in
Louisiana are classified as dependent agencies of the state.

7The

external data for FY 2008 was displayed in the external report for the
commission as FY 2006–2007. Because the data in the 2008 report do not
match the 2007 report, this is assumed to be a typo within the report and
was taken as the 2008 data.

Indigent Defense Services in the United States, FY 2008–2012 | July 2014	

38

Appendix A: Comparing Census Bureau data to external sources (continued)
For fiscal years 2008 through 2010, the Maine Judicial Branch
provided its indigent defense expenditures in its annual report.
After the creation of the commission, that expenditure detail
was no longer provided in the Judicial Department. The
commission’s actual expenditures were provided in the state’s
Comprehensive Annual Financial Report for fiscal years 2011
through 2012. These expenditures were used for comparison.
The difference between the two sources for the commission’s
expenditures was $2,000, or 0.02%.
Maryland
The Office of the Public Defender provides indigent defense
services in the state. The agency’s expenditures were available
with pension contributions in the Census Bureau data. The
external source was the Judicial and Legal Review Budget,
which provided actual amounts. The difference between the
two sources was $101,000, or 0.12%, and could be attributed
to rounding issues, as the query pulled about 150 expenditure
line items.
Massachusetts
Expenditures for the Committee for Public Counsel were
available in the Census Bureau data, but benefit payments at
the agency level were not provided. Two centralized agencies
paid health and life insurance benefits and retirement
allowances for state employees. The external source was the
Governor’s Budget, which provided actual amounts for prior
years. The difference between the two sources was $328,000, or
0.17%.
Michigan
While indigent defense services are mainly county run and
funded, the state operates an Appellate Defender Commission.
The commission’s expenditures were available with pension
contributions in the Census Bureau data. The external
source was the State Executive Summary, which provided
recommended appropriations for each fiscal year. External
appropriations for fiscal year 2012 were unavailable due
to changes in the presentation of the budget, in which all
appropriations were grouped into “Judicial Operations.”
The difference between the two sources was $2.3 million, or
15.17%. The comparison was made based on recommended
appropriated amounts, not actual appropriations or
actual expenditures. Also, the appropriation line item in
the budget was “Indigent Defense & Judicial Agencies.”
Given this, the budget line may have included additional
expenditures that should not have been included. However,
without any additional information, this remain unknown.
After a thorough review, it was determined that Census
Bureau data were not missing anything, but it was difficult
to compare line item expenditures to a singular line in an
appropriations budget.

Minnesota
The State Board of Public Defense expenditures were available
in the Census Bureau data. However, employer contribution
toward pension benefits were shown under a central agency
and were not available at an agency level. The external source
was the Agency Profile in the State Budget.
The difference between the two sources was 1.2 million,
or 1.8%. This could be a result of the mission pension
expenditures.
Mississippi
While the majority of indigent defense expenditures in the
state are with county governments, three state agencies provide
indigent defense services: the Post-Conviction Counsel, the
Capital Defense Counsel, and the Office of Indigent Appeals.
Expenditures for all three agencies, including retirement
benefits, were found in Census Bureau data. The external
source for the three state agencies was the State Budget, which
provided appropriated amounts.
The difference between the two sources was $891,000, or
19.92%. After a thorough review, it was determined that the
Census Bureau data were not missing any expenditures. The
difference could be a result of comparing actual expenditures
provided by the state to appropriated amounts in a budget.
Missouri
The state has a Public Defender Commission that provides
a statewide, centrally administered public defender
system. Census Bureau data provided expenditures for the
commission. However, employer pension contributions came
from a centralized agency. The external source was the Office
Financial Summary, which showed actual expenditures.
The difference between the two sources was $88,000, or 0.24%,
and could be the result of rounding issues and the exclusion of
retirement benefits.
Montana
Census Bureau data provided the expenditures of the
Office of the State Public Defender. The line items showed
expenditures for the centralized administration of the agency
and each regional office’s expenditures, including retirement
benefits. The external source was the state’s Public Defender
Commission’s Report to the Governor, Legislature, and
Supreme Court, which showed actual expenditures for each of
the 11 regions in the state.
The difference between the two sources was $1.1 million
(Census Bureau data were greater), or 5.61%. The difference
could be attributed to the external source not showing the
centralized expenditures and only showing those of the
regional offices.

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39

Appendix A: Comparing Census Bureau data to external sources (continued)
Nebraska

New Mexico

Expenditures for the Commission on Public Advocacy were
included, with retirement benefits, in the Census Bureau data.
The external source was the state’s Executive Budget in Brief,
which provided actual amounts for each year.

The State Public Defender is a centralized and state funded
agency that administers indigent defense. Census Bureau
data provided the agency’s expenditures, including pension
contributions. The external source was the Public Defender
Department Financial Statement, which provides actual
expenditure amounts. The difference between the two sources
was $578,000, or 1.45%.

The difference between the two sources was $3,000, or 0.08%,
which could be more than likely attributed to rounding
differences, as 31 expenditure line items were included.
Nevada
While the counties run and fund the majority of indigent
defense services in the state, the State Public Defender expends
some money. These expenditures, including retirement
benefits, were included in Census Bureau data. The external
source was the Executive Biennial Budget. Because the budget
is released every 2 years, only 3 years out of the 6 produced
an actual amount for comparison (the even numbered years).
The odd numbered years were presented as an adjusted
appropriation amount.
Given that fiscal year 2011 was the year of this analysis, the
external amount was a suggested appropriation amount, which
could attribute to the difference. The difference between the
two sources was $201,000, or 7.07%.
New Hampshire
New Hampshire’s State Public Defender contracts out all of
its indigent defense services. Census Bureau data were found
in one expenditure line item. No benefits were included, as
they were considered to be contracted services (i.e., no state
employees receive pension benefits). The external source
was the Governor’s Operating Budget, which provided
actual expenditure amounts for prior years. The amounts
of the two sources were equal for each fiscal year from 2009
through 2012.
Due to a lack of detail in Census Bureau data, State Public
Defender data for fiscal year 2008 were unavailable. Given that
other fiscal years were exact matches to each other, the data
in the final table for fiscal year 2008 came from the amounts
shown in the Operating Budget.

New York
While indigent defense services in the state are provided by the
county, the state government provides a large amount of local
assistance. Since 2011, the Office of Indigent Legal Services has
been in charge of the disbursements from the Indigent Legal
Services Fund. Prior to this, management of the fund was done
by the Office of the Comptroller.
North Carolina
Expenditures for the Office of Indigent Defense Services
were available in Census Bureau data, including pension
contributions. The external source was the Report of the
Commission on Indigent Defense Services, which provided
actual expenditure amounts.
The difference between the two sources was $169,000, or
0.12%, which could be a result of rounding, as 140 expenditure
line items were included in the database query.
North Dakota
According to Census Bureau data, three funds within the
Commission on Legal Counsel for Indigents have expenditures
for indigent defense services: the Indigent Persons Attorney,
Public Defense Services, and Indigent Defense Services. The
external source was is the state’s Comprehensive Annual
Financial Report, which provided actual expenditures for
the commission.

New Jersey

The difference between the two sources was $704,000, or
13.74% (Census Bureau data were greater). The external source
only includes amounts within the commission’s expenditures.
It excludes money from the Indigent Defense Services Fund
that is expended within the Office of Management and Budget.
(Detail in the CAFR does not provide that information.)

Indigent defense is state run and funded, and it is administered
through an office within the Treasury Department. Census
Bureau data provided expenditures for the office, but excluded
retirement expenditures, as this was done through a centralized
agency for the state. The external source was the State Budget,
which provided actual amounts for prior fiscal years.

For fiscal year 2011, the amount expended within the Office
of Management and Budget was $350,000. Additionally,
289 expenditure line items are included in the database query,
which could contribute to the difference. The difference
between the two sources, excluding the expenditures from the
Office of Management and Budget, was $354,000, or 6.91%.

The difference between the two sources was $3.7 million, or
3.10%, and could be due to missing pension contributions and
rounding issues, as over 100 lines of expenditures for the state
are included.
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Appendix A: Comparing Census Bureau data to external sources (continued)
Ohio
While the county governments have input over how its
indigent defense systems are run, the counties report to the
Ohio Public Defender Commission, which provides shared
revenue and has some direct expenditures. Census Bureau data
contained expenditures for the commission, including pension
contributions. The external source was the state’s Executive
Budget, which showed actual expenditure amounts for each
fiscal year. For fiscal year 2011, the difference between the two
sources was $91,000, or 0.12%.
A larger than normal disparity occurred in the amounts for
fiscal year 2008. After analysis of the data, it was determined
that certain items should have been be excluded, and the
state shared revenue portion of local aid was about $7 million
greater than what was reported as the actual amount in the
budget. The total difference for 2008 was $8.9 million, or 11.5%.
It should be noted that the differences between the external
source the Census Bureau data were less than $1 million for
each of the following years. Additionally, fiscal year 2008 was
the first year that the state began providing administrative
records for the finance survey. Since then, the state has
changed its accounting program (e.g., code structure and level
of detail).
Oklahoma
Excluding Tulsa and Oklahoma Counties, expenditures for
the Oklahoma Indigent Defense System are state run and
funded, and were included in Census Bureau data with their
pension contributions. The external amounts were actual
expenditures from the Budgetary Reporting Section of the
state’s Comprehensive Annual Financial Report.
The difference between the two sources was $2.4 million, or
16.6%. (Census Bureau data were greater.) After a thorough
review, it was determined that all of the expenditure lines
should be included.
Oregon

To make a consistent comparison, a 2-year analysis was done
for fiscal years 2010 and 2011. The difference between the
two sources for the 2-year total was $3.2 million, or 1.43%.
Because over 140 expenditure lines were included in 2011, the
difference may be a result of rounding.
Pennsylvania
Data were unavailable at the state level because the state
provides zero assistance to local governments for indigent
defense services.
Rhode Island
The Office of the Public Defender provides statewide indigent
defense services, and conflict cases are run within the Judicial
Department of the state. Expenditures for both agencies were
included with pension contributions in the Census Bureau
data. The external sources were the budgets for the Public
Defender and the Judicial Department, which provide actual
expenditure amounts. The difference between the two sources
was $5,000, or 0.04%.
South Carolina
Expenditures for the Commission on Indigent Defense
were included with pension contributions in Census Bureau
data. The external source was the Governor’s Executive
Budget - Detail Base Budget, which provides actual
appropriations from previous years, not actual expenditures
from the commission. The difference between the two sources
was $5,000, or 0.02%.
South Dakota
Each county in the state organizes and funds its indigent
defense services, with little funding from the state government.
No detail is available within Census Bureau data to pull
expenditures for the state in a query. Data in the final table
were from the state treasurer’s Fiscal Report, which provides
actual expenditure amounts for local assistance.

Census Bureau data provided all of the data for the Public
Defense Services Commission, which is state run and funded.
The external source was the Governor’s Budget, which showed
actual amounts at a 2-year aggregate.

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Appendix A: Comparing Census Bureau data to external sources (continued)
Tennessee

Virginia

Indigent defense services in the state are primarily run by
the state government, except for two counties that run their
services independently. (Shelby and Davidson Counties receive
some local assistance from the state.) The expenditures of
the Indigent Defendants Counsel, District Public Defenders
Conference, and the Office of the Post-Conviction Defender
were provided in Census Bureau data, including pension
contributions. The external amounts were actual expenditures
from the state’s budget.

The Virginia Indigent Defense Commission provides services
throughout the state. Census Bureau data contained all of
the expenditures for the commission, including pension
contributions. The external source was the state’s Executive
Budget, which provided appropriated amounts for each year.

The difference between the two sources was almost
$2 million, or 2.82%. A majority of the difference came from
the expenditures for each district. The budget excluded lines
for “Conference Wide Pool” or “Capital Case Training,” which
were included in the Census Bureau data amount.
The state of Tennessee was unable to report for fiscal year
2009. As such, data for the major component of the state were
imputed using recently reported historical data from the prior
year’s annual survey, the trend of historical data, or the current
year’s budget information. These imputations were done at
the item code level. As a result, detailed information into the
programs and departments were unavailable for that year.
Texas
Census Bureau data provided expenditures for the Texas
Indigent Defense Commission. These data also include
retirement contributions. The external source was the Texas
Indigent Defense Commission’s Annual Expenditure Report,
which provides actual, detailed expenditure amounts for each
fiscal year. The difference between the two sources was $79,000,
or 0.22%. This could be attributed to rounding effects, as over
40 expenditure lines were included in the database query.
Utah
Indigent defense services in the state are provided by county
governments. The only money provided by the state is in the
Post-Conviction Indigent Defense Fund. These expenditures
were clearly stated in the state’s Comprehensive Annual
Financial Report, but the detail was unavailable in the Census
Bureau’s database query. Data from the external source were
provided as the state expenditures in the final data table.

The difference between the two sources was $1.8 million, or
2.78%. The difference could be attributed to comparing an
actual amount to an appropriated amount and rounding from
the raw data file. Over 90 expenditure lines were included for
the Commission.
Washington
While mainly county funded, the state government runs an
Office of Public Defense. Expenditure amounts for the office
with pension contributions were included in Census Bureau
data. The external amounts were from the Judicial Section of
the state’s budget. Although Washington creates a biennial
budget, appropriated amounts for each specific fiscal year are
located within the source.
The difference between the two sources was $1.7 million, or
6.98%. This may be a result of comparing with appropriated
amounts and rounding effects, though only 32 lines were
included in the database query.
West Virginia
County run but state funded, expenditure amounts for
indigent defense services in the state were available in Census
Bureau data, including pension contributions. Census
Bureau data included expenditures from the general fund
and the Public Defender Lottery Fund. The external source
was the Department Annual Report that provides actual
expenditure amounts.
The difference between the two sources was $7.3 million, or
18.91%. The Annual Report excludes expenditures from the
Public Defender Lottery Fund, which was the majority of the
difference between the two sources.

Vermont
The Office of the Defender General provides the indigent
defense services statewide. Census Bureau data were provided,
including pension contributions. The external source used for
comparison was the state’s Comprehensive Annual Financial
Report. The difference between the two sources was $55,000,
or 0.47%.

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42

Appendix A: Comparing Census Bureau data to external sources (continued)
Wisconsin

Wyoming

Two agencies in the state government provide indigent
defense services: the Office of the State Public Defender and
Indigent Defense Legal Services. Census Bureau data provided
expenditure amounts for the two agencies, including benefit
contributions. The external source, the state budget, is issued
through an omnibus spending act (for fiscal year 2011, it was
2009 Act 28). The external source only shows appropriated
amounts for each agency.

All of the expenditures for the Office of the State Public
Defender were included in Census Bureau data, including
pension contributions. The external source was the state’s
Comprehensive Annual Financial Report (CAFR), which
provided one total line for the agency’s actual expenditures.

For the Office of the State Public Defender, the difference
between the two sources was $395,000, or 0.5%, and could
be attributed to rounding, as 202 expenditure line items were
included in Census Bureau data. For the Indigent Defense
Legal Services, the two amounts were equal.

The difference between the two sources was $83,000, or 0.8%.
After review of the raw data file, the difference could not be
contributed to a rounding issue. However, without knowing
what is included in the CAFR’s expenditure line (e.g., this
line may include items such as depreciation, which were
excluded in Census Bureau data), the difference may be due to
expenditure inclusion.
A legislatively defined 85%/15% split exists between the
state and counties to fund the state’s agency, although it is
administered by the state. Given this, 85% of the expenditures
reported in Census Bureau data were assigned to the state in
the data table, and the remaining 15% were be assigned to the
county aggregate.

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The Bureau of Justice Statistics of the U.S. Department of Justice is the principal
federal agency responsible for measuring crime, criminal victimization, criminal
offenders, victims of crime, correlates of crime, and the operation of criminal
and civil justice systems at the federal, state, tribal, and local levels. BJS collects,
analyzes, and disseminates reliable and valid statistics on crime and justice
systems in the United States, supports improvements to state and local criminal
justice information systems, and participates with national and international
organizations to develop and recommend national standards for justice statistics.
William J. Sabol is acting director.
This report was written by Stephen D. Owens, Elizabeth Accetta, Jennifer J.
Charles, and Samantha E. Shoemaker (U.S. Census Bureau). Stephen D. Owens
verified the report.
Morgan Young and Jill Thomas edited the report, and Tina Dorsey and Barbara
Quinn produced the report.
July 2014, NCJ 246683

Office of Justice Programs
Innovation • Partnerships • Safer Neighborhoods
www.ojp.usdoj.gov