Podcast Interview: How Flat-Fee Contracts Undermine the Right to Counsel in California

Today, Hunter sat with Josh Occhiogrosso-Schwartz, a Principal at the Wren Collective, to discuss their recent report on flat rate Public Defender contracts in California. Long time listeners of the show will recall that the American Bar Association discourages the use of flat rate fees because of the negative economic incentive it creates for the attorneys working under those contracts. In what will come as a surprise to no one who studies Public Defense, the Wren Collective examined the 24 counties in California who utilized flat rate contracts for their Public Defender needs, and they found a system that wholly failed to protect the right to counsel. From a lack of investigators to minimal oversight over specific attorneys, these flat rate contracts are failing the counties in California. Fortunately, there is a bill pending in the state that may see the use of these contracts come to an end.