California stands as one of only two states in the nation that does not allocate funds for the basic defense of impoverished individuals accused of crimes. This stark reality has prompted the formation of a new commission, tasked with pushing the state towards providing essential resources and enforcing minimum standards for county public defender systems.
The California Independent Commission on Public Defense brings together a diverse group of stakeholders, including legislators, public defenders, academics, and advocates. Among its members are Assemblymember Nick Schultz and Senator Jesse Arreguín, who chair the Assembly and Senate Public Safety Committees, respectively. The commission also includes chief public defenders from various counties, retired judges, directors of criminal justice nonprofits, and leaders of organizations representing thousands of defense attorneys across the state.
Addressing a Long-Standing Crisis
The commission’s primary goal is to move beyond discussions and studies and develop an actionable roadmap for building a robust public defense infrastructure. This includes a five-year plan to phase in state funding and enforceable standards such as caseload limits and access to defense investigators. A recent CalMatters investigation revealed that criminal defendants across the state are often convicted without adequate investigation, significantly increasing the risk of wrongful convictions. Many counties lack defense investigators who can interview witnesses, review police reports, visit crime scenes, and retrieve video surveillance footage.
Despite these challenges, the state has been reluctant to intervene. After a proposed bill to create an official state commission was abandoned, two advocacy groups, the Wren Collective and UC Berkeley’s Criminal Law and Justice Center, took the initiative to form an independent commission. These types of commissions, typically established by the governor, have facilitated significant improvements in other states’ public defender systems.
The Role of the Commission
Chesa Boudin, the Berkeley center’s founding director and a former San Francisco district attorney, highlighted the gap between expert understanding of the crisis and public perception. The commission’s work aims to serve as a catalyst for political actors to fund and improve indigent defense delivery or as fodder for lawsuits that can push the judiciary to ensure effective representation. The commission’s first in-person meeting is scheduled for October in Berkeley, with additional meetings planned for Los Angeles, the Central Valley, and Northern California over the next 12 months.
The commission will work in subcommittees between these quarterly sessions to develop a concrete fiscal plan for the state, draft legislative language, and establish minimum standards for how counties should structure their public defender offices, compensate their attorneys, provide access to experts, and report on their work. Any recommendations would then need to be approved by the Legislature.
Expert Insights and Future Steps
Eve Brensike Primus, a law professor at the University of Michigan and the only out-of-state member of the commission, emphasized the importance of the commission’s work. She noted that the commission can serve as a catalyst for political actors to do the right thing and start to fund and improve indigent defense delivery. The commission’s efforts are crucial in addressing the long-standing issues within California’s public defense system and ensuring that all individuals, regardless of their financial status, receive adequate legal representation.
