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Public Defender: State indigent defense funding ‘huge win’

For the first time, Pennsylvania is providing funding for criminal defense for those who cannot afford it.

“I consider this a huge win,” said Kord Kinney, Warren County chief public defender. “This is a long time coming.”

While indigent defense services, or public defense for those who cannot afford to hire an attorney, are constitutionally required under the Sixth Amendment; Pennsylvania had remained one of only two states that did not provide state-level funding. Costs had been shouldered entirely at the county level.

“In Warren County, we are fortunate to have been provided with everything we have needed and asked for during my two years here,” Kinney said. “But I have seen an increase in cases involving mental illness, which require expensive evaluations and testimony from experts.”

Pennsylvania’s budget has allotted $7.5 million in funding through the Pennsylvania Commission on Crime and Delinquency.

“It will be great that state funding will soon help to support the work that we do,” Kinney said. “It remains to be seen how the 7.5 Million will be allocated across the state, it’s not enough, but it is certainly a step in the right direction. I look forward to the state funding to better serve and support our clients.”

The commission has been directed to form an Indigent Defense Advisory Committee to direct funds through a grant program for “training and grants to expand and improve the quality and availability of indigent defense services currently provided at the county level,” according to a state release.

“Everyone deserves fair and equal treatment in the justice system, and if someone is unable to afford legal defense, that can lessen their chances of receiving that,” commission Chair Lt. Gov. Austin Davis said.

The committee “will also be responsible for proposing minimum standards for the delivery of effective indigent defense services for the Pennsylvania Supreme Court, as well as adopting standards for research, county data collection and use of case management systems by county public defender offices,” obtaining county data on the availability and effectiveness of indigent defense, and creating a statewide training library.

A report on recommendations must be made by the committee within two years.

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