Survey Tabulations

I. Judge’s Responses

Sixty-seven (67) responses were received from judges. Not every respondent answered every question; some gave more than one answer.

Jurisdiction:
County
State
1st Judicial Dist.
Circuit Court
 
38
24
2
2

Current Positions:
Circuit Judge
Judge
District Judge
Trial Judge
 
33
14
18
1

Years in Position:
Average number of
years in position
 

9

Prior Legal Experience:
Private Practice
Public Defender
County Counsel
Judge’s Clerk
None
Other
 
55
11
5
7
0
40

Primary Form of Indigent Defense Delivery Services in Your Jurisdiction:
Public Defender
Consortium
Law Firm
List
Other
Retained
 



44
32
8
11
1
1

1. In your experience, how would you characterize the quality of defense for indigent accused in your jurisdiction?

Excellent 15      Good 51      Fair 9      Poor 1

2. In your experience, is there a difference in quality of indigent defense between felony and misdemeanor practice?

Yes 27      No 29

3. Indicate your observations of the quality of representation for criminal defendants overall in your jurisdiction:

Excellent 12      Good 54      Fair 6      Poor 0

4. Indicate your observations of the quality of representation of retained criminal defendants in your jurisdiction:

Excellent 21      Good 47      Fair 3      Poor 0

5. Indicate your observations of the quality of representation for indigent defendants in your jurisdiction:

Excellent 17      Good 47      Fair 10      Poor 1

6. Please rate the below listed characteristics of criminal defense attorneys that you perceive as most important in producing quality representation:

Scale:
Very Important  5  4  3  2  1  Not Very Important
 
5
4
3
2
1
       a. Temperament
       b. Knows the law
       c. Agressive
       d. Organized
       e. Ethical
       f. Communicative
       g. Timely
       h. Reasonable
       i. Trustworthy
23
42
6
43
9
35
29
43
59
31
26
11
24
1
26
32
21
10
12
1
32
1
0
5
6
2
0
1
0
17
0
0
0
0
0
0
0
0
1
0
0
0
0
0
0

7. Specifically, indicate the quality of the following practice characteristics for criminal defense attorneys who represent the indigent in your jurisdiction:

Defense attorneys are generally prepared for pretrial:

Always 1      Most of the time 43      Sometimes 19      Rarely 2

Defense attorneys are generally prepared for trial:

Always 8      Most of the time 55      Sometimes 4      Rarely 0

Defense attorneys are generally prepared for sentencing issues:

Always 4      Most of the time 55      Sometimes 10      Rarely 1

Defense attorneys work hard at negotiating the case:

Always 6      Most of the time 49      Sometimes 12      Rarely 0

Defense attorneys resolve cases pre-trial (settlement):

Always 0      Most of the time 53      Sometimes 12      Rarely 1

Deputy District Attorneys have realistic expectations about the strengths or weakness of the case:

Always 0      Most of the time 48      Sometimes 19      Rarely 3

Unrealistic expectations about the strengths of their case by Deputy District Attorneys impact the resolution of the case:

Always 0      Most of the time 13      Sometimes 47      Rarely 7

8. Rate your perception of criminal defense representation in the following areas:

Excellent
Good
Fair
Poor
Precharging Investigation
2
18
20
26
Negotiations
8
51
9
0
Motion Practice
4
41
21

1

Plea Practice
8
52
8
0
Trail Practice
10
50
11
1
Sentencing
7
47
11
2
Client Contact
3
29
26
6
Post-Trial Issues
3
28
24
3
Probation Violation Issues
5
42
19
1
Appeal
1
20
9
0

9. In your experience, is there a difference between the quality of representation for retained and court-appointed clients?

Yes 37      No 29


II. Defense Attorney’s Responses

Forty-two (42) responses were received were received from defense attorneys. Not every respondent answered every question; some gave more than one answer.

What county do you principally practice in?

Clackamas
Clatsop
Columbia
Deschutes
Douglas
Harney
Hood River
Jackson
Lane
Multnomah
Tillamook
Wasco
Washington
State Appellate Court

  2
2
1
2
3
1
1
1
4
17
2
1
5
1

Current legal experience (check all that apply):

Private Practice
Public Defender
Other

  29
12
8

Prior legal experience (check all that apply):

Private Practice
Public Defender
District Attorney
Other
Judge
Other
County Counsel

  31
14
9
4
6
4
2

Primary form of Indigent Defense delivery services you have been involved with :

Public Defender
Private Law Firm
Court List
Consortium
Other

  20
18
18
6
3

1. Indicate your observations of the overall quality of representation for criminal defendants in your county:

Excellent 7      Good 26      Fair 8      Poor 2

2. Indicate your observations of the quality of representation for retained criminal defendants in your county:

Excellent 12      Good 28      Fair 3      Poor 0

3. Indicate your observations of the quality of representation for indigent defendants in your county:

Excellent 6      Good 24      Fair 10      Poor 5

4. In your experience, is there a difference in quality or indigent defense between felony and misdemeanor practice?

Yes 15      No 23

5. Please rate the characteristics of criminal defense attorneys that you perceive as most important in producing quality representation:

Scale:
Very Important  5  4  3  2  1  Not Very Important
 
5
4
3
2
1
       a. Temperament
       b. Knows the law
       c. Agressive
       d. Organized
       e. Ethical
       f. Communicative
       g. Timely
       h. Reasonable
       i. Trustworthy
22
31
3
15
23
19
11
11
27
15
7
20
23
13
17
24
21
12
5
4
9
3
6
5
5
7
2
0
0
8
0
0
0
1
3
1
0
0
2
1
0
0
1
0
0

6. Specifically, indicate the quality of the following practice characteristics for criminal defense attorneys who represent the indigent in your county:

Defense attorneys are generally prepared for pre-trial:

Always 1      Most of the time 27      Sometimes 11      Rarely 2

Defense attorneys are generally prepared for trial:

Always 8      Most of the time 29      Sometimes 5      Rarely 0

Defense attorneys are generally prepared for sentencing issues:

Always 5      Most of the time 29      Sometimes 6      Rarely 3

Defense attorneys work hard at negotiating the case:

Always 9      Most of the time 27      Sometimes 4      Rarely 1

Defense attorneys resolve cases pre-trial (settlement):

Always 2      Most of the time 33      Sometimes 7      Rarely 1

Deputy District Attorneys have realistic expectations about the strengths or weaknesses of cases:

Always 0      Most of the time 18      Sometimes 19      Rarely 4

Unrealistic expectations about the strengths of their case by Deputy District Attorneys impact the resolution of the case:

Always 7      Most of the time 17      Sometimes 16      Rarely 2

7. Rate your perception of criminal defense representation in the following areas:

Excellent
Good
Fair
Poor
Precharging Investigation
2
13
11
12
Negotiations
8
24
4
1
Motion Practice
3
20
13

1

Plea Practice
6
22
7
2
Trail Practice
9
19
8
0
Sentencing
8
21
6
1
Client Contact
3
13
17
4
Post-Trial Issues
0
7
16
12
Probation Violation Issues
4
16
12
4
Appeal
1
13
12
4

8. In your experience, is there a difference between the quality of representation for retained and court appointed clients?

Yes 29      No 10


III. Prosecutor’s Responses

Ninety-nine (99) responses were received from prosecutors. Not every respondent answered every question; some gave more than one answer.

Jurisdiction:
County
State
 
98
1

Current Positions:
First Assistant
Assistant DA
District Attorney
Senior DDA
DDA
Prosecutor
 
1
1
15
12
68
2

Years in Position:
Average number of
years in position
 

8

Prior Legal Experience:
Private Practice
Public Defender
County Counsel
Judge’s Clerk
None
Other
 
36
10
4
12
37
20

Primary Form of Indigent Defense Delivery Services in Your Jurisdiction:
Public Defender
Consortium
Law Firm
List
Other
Retained
 



70
29
16
8
3
2

1. In your experience, how would you characterize the quality of defense for indigent accused in your jurisdiction?

Excellent 14      Good 65      Fair 20      Poor 0

2. In your experience, is there a difference in quality for indigent defense between felony and misdemeanor practice?

Yes 27      No 56

3. Indicate your observations of the quality of representation for retained criminal defendants in your jurisdiction:

Excellent 14      Good 71      Fair 12      Poor 0

4. Indicate your observations of the quality of representation for criminal defendants overall in your jurisdiction:

Excellent 10      Good 72      Fair 15      Poor 0

5. Indicate your observations of the quality of representation for indigent defendants in your jurisdiction:

Excellent 12      Good 69      Fair 17      Poor 0

6. Please rate the characteristics of criminal defense attorneys that you perceive as most important in producing quality representation:

Scale:
Very Important  5  4  3  2  Not Very Important
 
5
4
3
2
       a. Temperament
       b. Knows the law
       c. Agressive
       d. Organized
       e. Ethical
       f. Communicative
       g. Timely
       h. Reasonable
       i. Trustworthy
32
57
2
40
80
43
34
51
80
38
39
36
41
12
45
53
41
15
24
2
41
16
6
10
11
6
2

4
0
18
1
1
1
1
1
1

7. Specifically, indicate the quality of the following practice characteristics for criminal defense attorneys who represent the indigent in your jurisdiction:

Defense attorneys are generally prepared for trial:

Always 3      Most of the time 41      Sometimes 46      Rarely 7

Defense attorneys are generally prepared for trial:

Always 10      Most of the time 76      Sometimes 13      Rarely 0

Defense attorneys are generally prepared for sentencing issues:

Always 6      Most of the time 69      Sometimes 21      Rarely 2

Defense attorneys work hard at negotiating the case:

Always 6      Most of the time 40      Sometimes 49      Rarely 4

Defense attorneys resolve case pre-trial (settlement):

Always 0      Most of the time 50      Sometimes 45      Rarely 3

Defense attorneys have realistic expectations about the strengths of the case:

Always 0      Most of the time 48      Sometimes 48      Rarely 2

8. Rate your perception of criminal defense representation in the following areas:

Excellent
Good
Fair
Poor
Precharging Investigation
1
23
36
24
Negotiations
7
50
38
4
Motion Practice
8
38
45

8

Plea Practice
8
55
33
22
Trail Practice
9
59
29
0
Sentencing
6
60
30
2
Client Contact
5
33
43
15
Post-Trial Issues
2
26
47
8
Probation Violation Issues
6
36
43
8
Appeal
4
22
29
5

9. In your experience, is there a difference between the quality of representation for retained and court appointed clients?

Yes 58      No 34


IV. Probationer's Responses

One hundred-ten (110) responses were received from probationers. Not every respondent answered every question; some gave more than one answer.

County:
Jackson
Clackamas
Multnomah
Marion/Polk
Curry
  39
36
23
3
1

Defense attorney was:
Court-appointed
Retained
  94
14

In jail awaiting trail/plea?
Yes
No
  18
88

Probation on:
Felony
Misdemeanor
  73
33

First or Prior Offender:
First offender
Prior offender
  74
33

1. Please rate your attorney's performance:

Excellent
Good
Fair
Poor
Pre-trial jail visits
20
17
21
14
Response to your phone calls/letters
30
29
21
21
Involved you in defense process
26
31
27

12

Listened to your ideas/concerns
31
30
29
15
Fully explained the defense process
33
28
27
16
Investigated all defenses
24
21
29
24
Spent adequate time with you
23
27
24
30
Kept you informed
27
34
20
22
Discussed risks and options
29
38
21
17
Willingness to fight the prosecution
24
21
23
31
Could be trusted
28
34
25
17
Willingness to plea bargain
36
29
20
4
Knowledge of applicable law
31
29
18

5

Dealt honestly with you
34
28
18
9
Had you prepared for court
27
20
27
15
Worked hard for you/was prepared
30
13
28
18
Cared about your best interests
26
25
25
14
Explained matters to your satisfaction
32
26
24
9
Pleasant to deal with
38
27
20
5