Misplaced Pages

The Virginia Indigent Defense Commission (VIDC) provides legal defense to those accused of crimes unable to afford a private lawyer. VIDC operates 28 offices across the Commonwealth of Virginia. VIDC also manages the certification of public defenders and court-appointed attorneys throughout Virginia and provides training to defense attorneys.

VIDC relies on a non-traditional "holistic" approach that also sees attorneys arranging social supports, addiction services and other assistance for those accused of crime, to reduce recidivism rates.

History

Public Defender Commission (1972–2004)

In 1972, the Virginia General Assembly piloted two Public Defender offices to determine if they would work better than appointing private attorneys to cases with indigent clients. The Staunton office was opened first, followed by the Virginia Beach office a few months later. The first chief public defender of the Staunton office, Coy M. Kiser, Jr. started the office with one investigator, a secretary, and two part-time assistant public defenders. Kiser was appointed to a judgeship two years later and was replaced by William E. Bobbitt, who served in the Staunton office for over thirty years.

Virginia Indigent Defense Commission (2004–present)

Following the American Bar Association's "scathing report on the state of indigent defense in Virginia", the VIDC was established by statute in 2004 and replaced the Public Defender Commission. The VIDC replaced court-appointed lawyers in death penalty cases with full-time public defenders. David Johnson was named Executive Director of the agency in 2005.

In 2020, several VIDC employees attended a protest in Portsmouth and three were charged with felony vandalism of a Confederate monument, alongside state senator Louise Lucas, and three NAACP representatives. Judge Claire G. Cardwell dismissed the charges in November 2020. Cardwell determined that police went around prosecutors to file charges and attempted to prevent Commonwealth's Attorney Stephanie Morales from prosecuting the case by subpoenaing her as a witness. The three public defenders and eight others received settlement checks from the city for $15,000 each.

In March 2021, Virginia banned capital punishment and VIDC announced that the capital defense offices located in Vienna, Norfolk, Roanoke, and Richmond would close.

In September 2022, Maria Jankowski was promoted from Deputy Executive Director of VIDC to Executive Director after David Johnson retired. Timothy Coyne, the former Chief Public Defender for the Winchester and Front Royal offices, was named to replace Jankowski as Deputy Executive Director of the commission.

In 2023 it was revealed that some of the offices were struggling with workload, with 30% fewer lawyers than expected and each one handling up to 200 cases. As of November 2023, VIDC had 28 offices that were staffed to cover approximately 72% of the court-appointed caseload.

Locations

Notable employees and former employees

• Claire G. Cardwell, judge for the Thirteenth Circuit of Virginia
• Coy M. Kiser, Jr. (1933-2012), first public defender in Virginia and judge in the General District Court of the 25th Judicial District of Virginia
• Brenda Spry, judge for the Third Circuit of Virginia

References

1. "Jankowski to helm Indigent Defense Commission | Virginia Lawyers Weekly". 12 September 2022.
2. ^ Bowes, Mark (July 30, 2021). "Petersburg's chief public defender retires; his deputy will succeed him". Richmond Times-Dispatch. Retrieved 18 October 2021.
3. ^ Bowes, Mark (September 9, 2022). "Virginia Indigent Defense Commission selects new executive leader". Richmond Times-Dispatch. Retrieved 22 October 2022.
4. "Virginia public defenders adopting 'holistic' approach to combat recidivism • Virginia Mercury". 21 June 2019.
5. ^ "Local public defender's office celebrates half-century". The News Virginian. November 3, 2022. Retrieved 16 November 2022.
6. Gould, Jon B.. The Innocence Commission: Preventing Wrongful Convictions and Restoring the Criminal Justice System. United Kingdom, NYU Press, 2009. p.32
7. Hodge, Ashley (April 1, 2021). "After nearly three decades of service to county, public defender steps down". The Gazette-Virginian. Retrieved 11 January 2022.
8. "§ 19.2-163.01. Virginia Indigent Defense Commission established; powers and duties". Code of Virginia. Retrieved 11 January 2022.
9. Brumfield, Dale M. (May 7, 2021). "How Virginia's Death Penalty Finally Ended". Washington Monthly. Retrieved 11 January 2022.
10. ^ Matray, Margaret (January 27, 2021). "Portsmouth's top public defender named a judge, months after police charged her in Confederate monument case". The Virginian-Pilot. Retrieved 1 October 2022.
11. Alvarez-Wertz, Jane (August 17, 2020). "Sen. Lucas, other public officials, charged with felonies for June incident at Portsmouth Confederate monument". Wavy. Retrieved 1 October 2022.
12. ^ Reyes, Josh (November 8, 2021). "10 arrested after vandalism of Confederate monument receive $15,000 each". The Virginian-Pilot. Retrieved 1 October 2022.
13. "Charges dismissed against Sen. Lucas". Richmond Free Press. November 19, 2020. Retrieved 1 October 2022.
14. Hall, Brett (November 6, 2021). "Portsmouth spends $150k to settle with 10 charged with Confederate monument destruction". Wavy. Retrieved 1 October 2022.
15. King, Brendan (March 24, 2021). "Capital defender offices to close after Virginia abolishes the death penalty". 6 Richmond News. Retrieved 18 October 2021.
16. "High caseloads, staffing shortages, pay inequities: Chesterfield public defenders in need of relief". 12 May 2023.
17. Kutner, Brad (November 14, 2023). "Report: Virginia's indigent defense system is in trouble". WVTF. Retrieved 30 March 2024.
18. Bowes, Mark (October 5, 2021). "Chesterfield Public Defender staff moves into new office as they begin representing criminal defendants". Richmond Times-Dispatch. Retrieved 18 October 2021.
19. "Whitley selected as Fredericksburg public defender". Free Lance-Star. June 19, 2021. Retrieved 18 October 2021.
20. "Claire Cardwell Presented with Carrico Professionalism Award". Virginia State Bar. February 11, 2013. Retrieved 1 October 2022.

• Legal aid in the United States
• Government of Virginia
• Criminal defense organizations
• Public defense institutions