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Notable Recent Publications, October 2024

Notable Recent Publications features the latest empirical research and data related to indigent/public defense. If you have suggestions, ideas for work that should be included, or trouble accessing any of the articles featured, please write to Venita Embry at vembry@rti.org 


Howey, W., Kathan, S., Jaggers, J. W., & Cambron, C. (2024). Complexities of appellate law: Experiences and perspectives of Utah indigent appellate attorneys. Journal of Qualitative Criminal Justice & Criminology. https://doi.org/10.21428/88de04a1.a294e101

Indigent appellate attorneys experience high stress due to their unique roles and responsibilities. Very little scientific research examines the lives and experiences of attorneys in the workplace. Characterizing and describing the variety of complexities and challenges Utah appellate attorneys face within their work provides information towards filling the profession’s gaps, stressors, and occupational needs. A sample of five Utah appellate attorneys were interviewed to better understand their perspectives and experiences in the workplace. We used thematic analysis to identify themes related to Utah appellate attorney experiences and perspectives. We identified four major themes from the data, including Personal approach, Working with clients, the 23B motion, and Waiting. Indigent appellate attorneys need well-established and enforced caseload standards. Further research is needed to develop adequate caseload standards and lessen the burden and stressors for appellate attorneys.

Mikdash, M., & Oh, S. The Role of Race in the Legal Representation of Low-Income Defendants. https://mayamikdash.github.io/MikdashOh2024.pdf   

While most criminal defendants rely on assigned counsel for legal representation, little is known about the role of race in the defense of low-income defendants by court appointed attorneys. Exploiting the quasi-random assignment of court-appointed attorneys to cases in Travis County, Texas, we test whether attorneys secure better deals for same-race defendants. Results indicate that while Black and White attorneys are similarly effective at representing White defendants, Black defendants who are represented by White rather than Black attorneys are 14-16 percent more likely to have their charges dismissed and 15-23 percent less likely to be incarcerated. Moreover, we show that Black defendants who are represented by White attorneys are not more likely to re-offend in the future.