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
|
|
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
|
|