Indigent Defense Funding and System Approaches Assessment
In 2024, Arnold Ventures engaged PFM to conduct a national assessment of indigent defense funding structures and to explore the feasibility of establishing key performance indicators to measure the effectiveness of these investments. PFM’s work built on previous academic research and national reviews in this area to fill specific knowledge gaps about the application of laws and policies in local jurisdictions around the country.
PFM analyzed the statutory requirements for indigent defense funding in all 50 states. PFM’s statutory analysis resulted in a comprehensive state-by-state distillation of information about which entity is responsible for funding indigent defense, use of dedicated funding streams, authorization to levy fees on indigent defendants, use of fines and fees to fund indigent defense, and requirements for funding parity between prosecutors and defenders.
Concurrently, PFM researched and surveyed 160 mid-sized and large jurisdictions to understand how local indigent defense systems are structured and funded. PFM compared statutes to survey responses and our research to develop a more nuanced understanding of the myriad ways statutes may be applied in local settings such as the distinction between statutory authorization for fees and the decision to impose fees.
To evaluate the feasibility of measuring indigent defense outcomes, PFM began with the foundational question of how experts and practitioners define high quality indigent defense. PFM conducted a literature review and convened interviews and roundtable discussions with indigent defense practitioners and subject matter experts. Then, PFM compiled and analyzed the performance measures that are collected and reported by more than 80 jurisdictions (one half of the study sample).
In the final report, PFM presented a comprehensive overview of the most common indigent defense system structures, funding approaches, and capacity for performance measurement in mid-sized and large jurisdictions around the country. PFM also produced a two-page brief that serves as a stand-alone orientation to indigent defense funding for advocates, practitioners, and policymakers. With this work, PFM is paving the way for future research and data-driven reforms in indigent defense.