Wren Publications
California, once a pioneer in public defense, is now falling desperately behind in both funding and structure. One of the biggest drivers of poor defense: the state’s reliance on "flat-fee" contracts with private attorneys to represent poor people. Because flat-fee contracts pay lawyers the same amount of money no matter how much work they do on a case, lawyers face a financial conflict of interest: the system encourages them to cut corners and spend less time on their cases rather than to work zealously for no additional pay. Unsurprisingly, these contracts lead to worse outcomes all around.
In this report: Contracted to Fail, we analyze those contracts and explain how they lead to inadequate case resources, excessive caseloads, and high incarceration rates. We recommend that California eliminate flat-fee public defense contracts, which it can do this session by passing AB 690, the Fair Representation Act.
This newsletter uncovers how those in power weaponize the criminal legal system to suppress democracy and maintain control, targeting Black, brown, and poor communities. It connects the dots between issues like mass incarceration and the criminalization of abortion, revealing a coordinated effort to limit who gets a say in our society. Each edition also highlights the powerful resistance efforts fighting back against these anti-democratic tactics.
These reports mark 60 years since the landmark Gideon v. Wainwright decision, which guaranteed the right to an attorney for those who cannot afford one. We examined indigent defense in five counties, gathering input from stakeholders and offering recommendations to improve public defense systems across America.