The Arkansas Advisory Committee to the U.S. Commission on Civil Rights released a report following a series of public meetings and a collection of public testimony regarding the civil-rights impact of access to counsel for indigent defendants in the state. The report examines the extent to which the right to counsel as provided through the state system of public defenders in Arkansas is sufficient to ensure a constitutionally guaranteed “effective defense” for those who cannot afford it. The report also examines the related impact on persistent disparities throughout the criminal justice system based on race, color, sex, disability, and national origin.
Primary concerns identified in the report include: (1) the role of indigent defense in ensuring public perceptions of trust and legitimacy in the criminal justice system; (2) the impact of current attorney caseloads on the ability of public defenders to provide effective counsel; (3) other constitutional due process concerns resulting from challenges within Arkansas’ public defender system; (4) apparent political challenges that have prevented the Arkansas legislature from effectively addressing long standing challenges within the state public defense system. The report concludes with a series of policy recommendations to improve access to counsel for indigent defendants in Arkansas and address related civil rights concerns.
mwojnaroski@usccr.gov