Bill Overview
Title: EQUAL Defense Act of 2022
Description: This bill establishes and modifies certain programs that support the delivery of public defense services (i.e., legal services for criminal defendants who cannot afford counsel). Specifically, the bill directs the Department of Justice (DOJ) to award grants to state and local governments, tribal organizations, and public defender offices for public defense. A grant recipient must use the grant to establish a data collection process, develop workload limits, and satisfy specified compensation requirements (e.g., pay parity between public defenders and prosecutors). The bill also directs DOJ to award grants to nonprofits and government organizations to train public defenders, court-appointed attorneys, and contract attorneys. Additionally, a state that receives Edward Byrne Memorial Justice Assistance Grant program funds must annually submit to DOJ information related to the legal representation of defendants in criminal cases. Finally, it reauthorizes through FY2026 the student loan repayment program for prosecutors and public defenders and otherwise revises the program, including by increasing the maximum benefit amount.
Sponsors: Rep. Bonamici, Suzanne [D-OR-1]
Target Audience
Population: People who cannot afford legal defense services
Estimated Size: 2000000
- The bill impacts individuals who cannot afford legal defense as it aims to improve public defender services.
- Approximately 80% of felony defendants in the United States are indigent and rely on public defenders, according to the U.S. Department of Justice.
- In the U.S., public defenders handle millions of cases annually, therefore changes to their support systems will impact many individuals.
- Globally, public defense systems vary widely, but those with systems similar to the U.S. will be interested in the effects of this bill for potential adoption of strategies or advocacy.
Reasoning
- The policy primarily impacts individuals who rely on public defenders due to financial constraints, estimated to be around 80% of defendants according to the DOJ.
- Despite the wide reach, the policy's direct efficacy might hinge on states' and public defender offices' successful implementation of new procedures and workload limits.
- Many public defenders face high stress due to excessive caseloads, and compensation boosts could significantly impact their long-term wellbeing and career satisfaction, leading to better client outcomes.
- Funds allocated to training and workload management could improve the quality of defense, impacting defendants' wellbeing indirectly by improving their legal outcomes.
- Given the policy's budget constraints, its initial impact might be gradual, affecting systemic change over time, with significant benefits not appearing until well into the 5 to 10-year range.
Simulated Interviews
Mechanic (Chicago, IL)
Age: 32 | Gender: male
Wellbeing Before Policy: 4
Duration of Impact: 5.0 years
Commonness: 15/20
Statement of Opinion:
- I felt overwhelmed during my last case. More resources and training for public defenders would have made a difference.
- Better pay might help retain talented defenders, improving future clients' experiences.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 4 |
| Year 2 | 5 | 4 |
| Year 3 | 6 | 4 |
| Year 5 | 6 | 4 |
| Year 10 | 7 | 5 |
| Year 20 | 8 | 6 |
Public School Teacher (Raleigh, NC)
Age: 45 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 10.0 years
Commonness: 10/20
Statement of Opinion:
- Better equipped public defenders would have helped my brother's case significantly.
- This policy could change lives if implemented correctly.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 7 | 5 |
| Year 10 | 8 | 6 |
| Year 20 | 8 | 6 |
Public Defender (San Francisco, CA)
Age: 29 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 20.0 years
Commonness: 5/20
Statement of Opinion:
- This policy could finally address the workload concerns we all face.
- Salary parity with prosecutors is crucial to retain talent.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 9 | 5 |
| Year 10 | 9 | 5 |
| Year 20 | 9 | 5 |
Retired Factory Worker (Houston, TX)
Age: 55 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 3.0 years
Commonness: 12/20
Statement of Opinion:
- My grandson's lawyer seemed overworked and underprepared.
- If this policy helps bring more resources, it might help children like him.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 6 | 5 |
| Year 10 | 7 | 5 |
| Year 20 | 8 | 6 |
Nonprofit Organizer (Miami, FL)
Age: 40 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 15.0 years
Commonness: 8/20
Statement of Opinion:
- Public defender support is vital for fair trials.
- Long-term benefits will be seen if sustained funding remains.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 8 | 6 |
| Year 20 | 9 | 6 |
Barista (Phoenix, AZ)
Age: 25 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 0.0 years
Commonness: 20/20
Statement of Opinion:
- I don't know much about public defenders, but anything that makes the system fairer sounds good.
- It seems like a positive change, but I'm unaffected directly.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 7 |
Law Enforcement Officer (New York, NY)
Age: 50 | Gender: other
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 10/20
Statement of Opinion:
- I've seen firsthand the impact of underfunded public defense.
- It could lead to more balanced cases. Support for their workload seems necessary.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 8 | 6 |
Retired Librarian (Detroit, MI)
Age: 60 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 15.0 years
Commonness: 8/20
Statement of Opinion:
- Equality in the legal field cannot be achieved without resources.
- Public defenders need our support for the justice system to work fairly.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 8 | 6 |
Restaurant Owner (Kansas City, MO)
Age: 36 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 10/20
Statement of Opinion:
- I believe equal justice requires adequate resources on both sides of the court.
- Volunteers can only do so much; this funding might fill gaps left by overburdened public defenders.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 8 | 7 |
| Year 20 | 9 | 7 |
Tech Worker (Seattle, WA)
Age: 28 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 20.0 years
Commonness: 10/20
Statement of Opinion:
- Any relief in student loans would be impactful on recruitment and retention in public defense.
- I might have considered a public defense career if such support existed earlier.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 9 | 6 |
Cost Estimates
Year 1: $250000000 (Low: $200000000, High: $300000000)
Year 2: $260000000 (Low: $210000000, High: $310000000)
Year 3: $270000000 (Low: $220000000, High: $320000000)
Year 5: $290000000 (Low: $240000000, High: $340000000)
Year 10: $330000000 (Low: $280000000, High: $380000000)
Year 100: $700000000 (Low: $600000000, High: $800000000)
Key Considerations
- Public defense systems in each state vary, so the impact of the grants may be uneven across states.
- Parity in pay between public defenders and prosecutors could face resistance or logistical challenges in implementation.
- Data collection processes may face privacy concerns or require careful design to ensure compliance with existing laws.