ABA brief supports cause of action for constructive denial of counsel due to PD underfunding
Criminal defendants shouldn’t have to wait until after trial to assert claims for ineffective assistance of counsel when underfunding makes public defenders unable to deliver competent and diligent representation, according to an ABA amicus brief.
The brief (PDF), filed with the Pennsylvania Supreme Court on Thursday, supports a cause of action for prospective relief based on constructive denial of counsel in Luzerne County, Pennsylvania, according to a press release.
Waiting until after a conviction to assert claims of ineffective assistance can’t address “chronic and systemic deficiencies” caused by underfunding, the brief argues.
Even if a defendant asserting ineffective assistance wins a new trial, the brief says, “such a claim does not require a public defender’s office or the county responsible for it to do anything differently in the future. It does not compel the office, the county, or the state to make changes—funding, staffing, workload, operations, or otherwise.”
