Notable Recent Publications, September 2026
Articles
Díaz-Sánchez, J. P. (2026). The Effect of Legal Representation on Sentence Length in Ecuador: Public Defenders vs. Private Attorneys: JP Díaz-Sánchez. In Criminal Law Forum (Vol. 37, No. 1, p. 6). Dordrecht: Springer Netherlands.
https://link.springer.com/article/10.1007/s10609-026-09525-w
This research paper examines the effect of the type of legal representation -public versus private- on the length of sentences in the Ecuadorian criminal justice system. Utilizing data from the 2022 penitentiary census, which provides comprehensive demographic and judicial information for the entire prison population, I employ a multiple linear regression model to analyze sentence outcomes. Findings reveal that defendants represented by public defenders receive significantly longer sentences than those with private attorneys, even after controlling for various factors such as defendant demographics, economic background, family circumstances, and the nature of the crime. Specifically, defendants with public counsel receive, on average, 0.551 years more in their sentence (six and a half months). These results suggest a systematic disadvantage for defendants with public legal representation, raising critical questions about the equity and fairness of the judicial process in Ecuador. The robustness and validity of my findings, enabled by the detailed and extensive dataset, underscore the need for policy interventions aimed at ensuring equal access to quality legal defense.
Quintana-Navarrete, M., & Fondevila, G. (2026). Organizational landscapes of legal defense: type of counsel and criminal case outcomes across inquisitorial and adversarial systems. Criminal Justice and Behavior, 00938548261473801.
https://journals.sagepub.com/doi/pdf/10.1177/00938548261473801
Is state-provided legal counsel comparable to private representation? Drawing on organizational sociology and social movements theory, we argue that public defender effectiveness depends on the organizational landscape in which defense operates. Public defenders are more likely to secure favorable outcomes when they have adequate resources, when procedures strengthen defendants’ rights, and when prosecutors have flexibility in case disposition. We evaluate this argument using matching methods and case-level data from a Mexican state transitioning from an inquisitorial to an adversarial criminal justice system. We show that public defenders outperform retained counsel in preventing conviction under the adversarial system but perform worse under the inquisitorial system. Differences in convictions are concentrated in cases involving flagrante delicto detentions, a procedural area explicitly targeted by the reform. Sentencing differences are weaker and less consistent. These findings show that defense effectiveness varies across institutional contexts, contributing to comparative research on legal representation and criminal courts.
Shteynberg, R. V., & Morgan, K. A. (2026). The docket disrupted: insights into the impact of COVID-19 on court operations, workloads, workgroup well-being from a national survey of court professionals. Journal of Crime and Justice, 1-33.
https://doi.org/10.1080/0735648X.2026.2691721
This study examines how the COVID-19 pandemic reshaped U.S. court operations, workgroup dynamics, workloads, and case processing. Prior research focuses on single jurisdictions, courts, or roles, and little is known about comparative nationwide cross-role experiences. We surveyed 803 court professionals, including judges, prosecutors, defense attorneys, civil and appellate attorneys, administrators, and external workgroup members, who worked in U.S. courts during the first year of the pandemic. Regional and job-based differences shaped experiences more than jurisdiction or court type. Although procedural adaptations were shaped by highly localized leadership, resources, and guidance, the core experiences were remarkably consistent. Shared themes reflected variation at the procedural level (e.g. different rules, technology use, consent procedures, safety protocols) but similarity at the experiential level (e.g. shared stressors, workload shifts, uncertainty). The pandemic exposed persistent gaps where clear protocols, equitable training, administrative support, and sustainable technology are essential for resilient and adaptable courts.
Reports, Brief, or Other Resources
Buenaventura, M., Mahler, A., Anderson, J. M., & Pace, N. M. (2026). Los Angeles County Public Defender Attorney Workload Study (RR-A5011-1). RAND Corporation.
https://www.rand.org/t/RRA5011-1
[shortened] Los Angeles County Public Defender’s Office partnered with us on a study with two purposes. The first was to evaluate LACPD’s Case Complexity System (CCS), which analyzes information captured by LACPD’s enterprise case management platform—the Client Case Management System (CCMS)—to automatically generate scores reflecting the relative demands of each case the office handles. This algorithmic approach to quantifying a public defense workload, which draws on live case management data rather than raw case counts, is innovative among defender offices nationally. We were tasked with describing CCS’s design and scoring logic, assessing its performance through quantitative and qualitative methods, validating its accuracy, examining how well its case scores reflect varying levels of complexity and support appropriate case assignment, and offering recommendations for improvement. The second purpose was to assess LACPD’s broader organizational capacity to deliver constitutionally adequate representation by (1) evaluating how legal-support resources are deployed and how they could be better used and (2) providing guidance for matching resources to the evolving demands described previously. Per the project’s scope of work, we focus this report solely on attorneys who represent adults charged with misdemeanors and felonies in the trial courts of Los Angeles County.
Douglas, K. A. (2026). The Silent Esquire Under Fire: A Phenomenological Study on the Perceived Interpersonal Mistreatment of Black Female Lawyers in the Workplace (Doctoral dissertation, Temple University).
[Shortened] Mistreatment and subtle slights may manifest in various forms through interpersonal interactions in the workplace. Microaggressions have become prevalent within workspaces where Black women are frequently targeted due to their race and gender. This study examined the perceived interpersonal mistreatment of Black female attorneys within the framework of microaggressions. The study contributes to the literature surrounding the marginalization of Black female lawyers, addressing the impact of gendered racism within the legal industry. Using an inductive approach, two phenomenological studies were employed to gain greater insight into this demographic and to formulate a theoretical perspective based on their lived experiences. The data was captured through semi-structured interviews with sixteen participants who have worked within the public and private sectors…The data revealed that all participants experienced microaggressions in the form of microinsults. Results indicated that microaggressions were more pervasive among Black female lawyers who worked in public defense.
New Mexico Administrative Office of the Courts. (2026). A process evaluation of the New Mexico Administrative Office of the Courts’ Competency Diversion Pilot Program.
This evaluation assesses the implementation and early outcomes of the Administrative Office of the Court’s Competency Diversion (CD) pilot program across four judicial districts, drawing on program logic models, administrative and court records, staff and stakeholder survey data, and staff and stakeholder interviews to inform program processes and future outcome evaluation needs.
Payne, J. (2026). Adjudicating collapse: Judicial power and constitutional duty in Oregon’s courts (Bachelor’s thesis, University of Oregon, Robert D. Clark Honors College).
https://scholarsbank.uoregon.edu/bitstreams/7d08fc9d-c581-4f06-a7dd-0193f30425e5/download
Oregon’s justice system is currently weathering a constitutional crisis of unprecedented scale. The simultaneous shortage of public defenders and prosecutors has forced the judiciary into a series of impossible choices: proceed without counsel, detain the unrepresented indefinitely, or dismiss criminal charges entirely. This thesis examines how Oregon’s judiciary interprets and responds to this breakdown, investigating how judges define and enforce the constitutional right to counsel when the state itself can no longer provide it. By conducting a close reading of Oregon trial decisions citing lack of counsel, delayed prosecution, or constructive denial, I trace the judiciary’s response where constitutional ideals collide with institutional limits. By connecting abstract theory to real-world governance, this thesis research fulfills the interdisciplinary mission of the Clark Honors College. Finally, as an incoming law student and aspiring public service attorney within my local Oregon community, this work serves as a personal and professional exploration of the systemic integrity I hope to uphold.
Prue, J. A. (2026). Criminal Case Processing: A Multilevel Analysis of Court Delay in California (Doctoral dissertation, Keiser University).
[shortened] This study examines differences in adjudicatory outcomes across California’s county-level criminal court system, with particular emphasis on adjudicatory efficiency and institutional throughput as reflected by county-level clearance rates. California provides a valuable setting for this analysis because its counties operate under a unified statewide judicial structure while differing substantially in population size, caseload volume, court resources, socioeconomic context, and institutional capacity. This combination of formal legal uniformity and local structural variation makes California an appropriate context for examining why criminal case-processing outcomes differ across jurisdictions. Using county-level panel data from 2019 to 2024, this study evaluates how workload pressure, institutional capacity, and contextual factors are associated with differences in court performance over time, as measured through county-level criminal clearance rates.
Stephens, K. K. (2026). Public Defenders’ Challenges Representing Erroneous Prosecution Cases in the Black Community (Doctoral dissertation, Walden University).
https://scholarworks.waldenu.edu/cgi/viewcontent.cgi?article=23084&context=dissertations
For this qualitative study the research question was, how do public defenders perceive and manage any stresses representing erroneous prosecution cases in the Black community in a southern state? The experiences of eleven defenders in the state who represent Black clients facing wrongful charges or convictions were collected in an online survey one interview, and narrative data were analyzed using thematic analysis within a framework of critical race theory. Six themes emerged from analysis: 1) systemic racial bias and presumption of guilt, 2) emotional burden and moral frustration, 3) pressure to plead and systemic coercion, 4) resource limitations within public defense, 5) advocacy through investigation and constitutional challenges and, 6) limited emotional support and coping mechanisms. Findings from this research may have social impact by enhancing the understanding of how structural and operational factors influence public defenders’ work and the outcomes for marginalized clients
If you have suggestions, ideas for work that should be included, or trouble accessing any of the articles featured, please email Venita Embry at venita.embry@gmail.com.
