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    Criminal Justice Standards

    Providing Defense Services


    In August 1990, the ABA House of Delegates approved these “black letter” standards that have been published with commentary in ABA Standards for Criminal Justice: Providing Defense Services, 3d ed., © 1992 American Bar Association. For the text of the publication, click HERE . To go directly to individual “black letter” standards (without commentary), click on the links below. 

    Copyright by the American Bar Association. This work (Criminal Justice Standards) may be used for non-profit educational and training purposes and legal reform (legislative, judicial, and executive) without written permission but with a citation to this source.  Some specific Standards can be purchased in book format.

    PART I. GENERAL PRINCIPLES

    Standard 5-1.1      Objective
    Standard 5-1.2      Systems for legal representation
    Standard 5-1.3      Professional independence
    Standard 5-1.4      Supporting services
    Standard 5-1.5      Training and professional development
    Standard 5-1.6      Funding

    PART II. ASSIGNED COUNSEL

    Standard 5-2.1      Systematic assignment
    Standard 5-2.2      Eligibility to serve
    Standard 5-2.3      Rotation of assignments and revision of roster
    Standard 5-2.4      Compensation and expenses

    PART III. CONTRACT DEFENSE SERVICES

    Standard 5-3.1      Use of contracts for services
    Standard 5-3.2      Contracting parties and procedures
    Standard 5-3.3      Elements of the contract for services

    PART IV. DEFENDER SYSTEMS

    Standard 5-4.1      Chief defender and staff
    Standard 5-4.2      Restrictions on private practice
    Standard 5-4.3      Facilities; library

    PART V. TYPES OF PROCEEDINGS AND QUALITY OF REPRESENTATION

    Standard 5-5.1      Criminal cases
    Standard 5-5.2      Collateral proceedings
    Standard 5-5.3      Workload
    Standard 5-5.4      Impact litigation

    PART VI. STAGE OF PROCEEDINGS

    Standard 5-6.1      Initial provision of counsel
    Standard 5-6.2      Duration of representation
    Standard 5-6.3      Removal

    PART VII. ELIGIBILITY FOR ASSISTANCE

    Standard 5-7.1      Eligibility; ability to pay partial costs
    Standard 5-7.2      Reimbursement, notice and imposition of contribution
    Standard 5-7.3      Determination of eligibility

    PART VIII. OFFER AND WAIVER

    Standard 5-8.1      Providing counsel to persons in custody
    Standard 5-8.2      In-court waiver

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