The Future of Public Defense: Why Managed-Assigned Counsel Works

6 min read

Under a managed-assigned counsel system, legal defense for indigent defendants is coordinated by an independent, non-profit organization or a separate administrative office that assigns cases to private attorneys based on experience, availability, and performance metrics. This structure introduces a level of oversight and accountability absent in the traditional rotation or “wheel” system. The managed-assigned counsel model aims to ensure that defendants receive consistent, high-quality legal representation regardless of whether a public defender's office is available.

One of the primary benefits of a managed-assigned counsel program is that it removes the ad hoc nature of attorney assignments. Instead of judges selecting attorneys from a list or attorneys taking cases as a sideline to their private practice, the assigning authority carefully matches cases with qualified legal professionals. This approach reduces perceptions of judicial favoritism, limits conflicts of interest, and creates a buffer between the judiciary and defense attorneys. The Texas Indigent Defense Commission has found that managed-assigned counsel systems improve representation quality and reduce administrative burdens on courts, especially in counties lacking the resources for a full-time public defender office¹.

Accountability and Performance Monitoring

Managed-assigned counsel programs often include mechanisms for performance evaluation, professional development, and case tracking. Participating attorneys are typically subject to oversight by a program director or board who reviews their caseloads, monitors case outcomes, and ensures compliance with ethical and legal standards. This level of accountability is difficult to achieve in a traditional wheel system, where there is little to no follow-up once an attorney is assigned.

These oversight mechanisms also enable jurisdictions to identify and address systemic issues such as attorney overload, inadequate preparation time, or poor client communication. For example, in Travis County, Texas, the Capital Area Private Defender Service (CAPDS) regularly audits attorney performance and offers training to improve the quality of representation. According to a 2020 evaluation, CAPDS attorneys were more likely to engage in early investigation and to spend more time with clients compared to attorneys in less-structured systems². This emphasis on quality control contributes to more just outcomes and greater public trust in the justice system.

Cost Efficiency and Administrative Benefits

While establishing a managed-assigned counsel program requires upfront investment in administrative infrastructure, the long-term financial benefits can be substantial. These systems reduce inefficiencies by centralizing case assignments, minimizing duplication of efforts, and streamlining billing procedures. Counties that operate under managed-assigned models often experience fewer delays, faster case resolutions, and reduced jail costs due to quicker access to counsel.

Additionally, these programs facilitate better data collection, which can inform budget planning and policy decisions. By tracking attorney workloads, case durations, and client outcomes, program administrators can present data-driven recommendations to policymakers. This kind of transparency is especially valuable in smaller jurisdictions, where budget constraints require efficient allocation of limited resources. The National Legal Aid & Defender Association has noted that managed-assigned counsel programs often strike the best balance between cost effectiveness and quality in low-resource settings³.

Independence from Judicial and Prosecutorial Influence

A critical advantage of the managed-assigned counsel model is that it enhances the independence of defense counsel. Under the wheel system, judges often have the discretion to assign attorneys, which can create real or perceived pressure on attorneys to align with judicial expectations. This can undermine the adversarial nature of the justice process and compromise a defendant’s right to a robust defense.

In contrast, managed-assigned counsel systems are designed to insulate defense attorneys from judicial and prosecutorial influence. By delegating case assignments to an independent body, the program fosters an environment where attorneys can advocate for their clients without fear of retribution or favoritism. According to the American Bar Association, independence from the judiciary is essential for ethical and effective defense representation, and managed-assigned systems are one of the few models that structurally support this principle⁴.

Professional Development and Attorney Support

Managed-assigned counsel programs also contribute to the professional growth of participating attorneys. These programs often provide access to continuing legal education, mentorship opportunities, and peer review. In counties where legal defense is otherwise treated as a supplementary income stream, this kind of professional support can significantly improve attorney engagement and the quality of client representation.

For instance, the Bexar County Managed Assigned Counsel Office in Texas offers training programs that focus on trial skills, ethical obligations, and trauma-informed client interaction. Attorneys who receive targeted support are more likely to handle complex cases effectively and to remain engaged in indigent defense work long-term. This contrasts with the wheel approach, where attorneys may lack the time or incentive to invest in skill development related to court-appointed cases⁵.

Implementing a Managed-Assigned Counsel Program in Practice

For jurisdictions interested in transitioning to a managed-assigned counsel system, several practical steps can facilitate a smooth implementation. First, local policymakers should conduct a needs assessment to determine the volume of indigent cases, the availability of qualified attorneys, and the administrative capacity of the court system. Engaging with stakeholders - including judges, prosecutors, defense attorneys, and community advocates - helps build consensus and identify potential barriers early in the process.

Second, jurisdictions should consider forming an oversight board or contracting with a non-profit legal services organization to manage the program. This entity should be empowered to set qualification standards, monitor case assignments, and evaluate attorney performance. Funding mechanisms must also be established, typically through a combination of county contributions, state grants, and possibly federal support. The Texas Indigent Defense Commission provides technical assistance and funding to counties adopting managed-assigned counsel models, offering a useful example for other states considering similar reforms¹.

Conclusion: A Viable Alternative for Smaller Communities

For jurisdictions that lack the capacity to sustain a full-time public defender office, managed-assigned counsel programs offer a practical, effective alternative. By combining professional oversight with structural independence, these programs enhance the quality of legal representation for indigent defendants while maintaining fiscal responsibility. They correct many of the inefficiencies and ethical concerns inherent in the traditional wheel system and avoid the institutional pitfalls that sometimes accompany public defender offices.

As more communities grapple with the challenges of equitable criminal justice, managed-assigned counsel programs provide a proven model that balances quality, accountability, and cost. With the right administrative framework and stakeholder buy-in, these programs can significantly strengthen indigent defense and reinforce the constitutional promise of fair representation.

Bibliography

Texas Indigent Defense Commission. "Managed Assigned Counsel Programs." Last modified February 2023. https://www.tidc.texas.gov/managed-assigned-counsel/.
Capital Area Private Defender Service. "Evaluation Report on Defense Representation in Travis County." 2020. https://www.capds.org/reports.
National Legal Aid & Defender Association. "Designing Managed Assigned Counsel Programs: A Guide for Counties." 2019. https://www.nlada.org/sites/default/files/managed_counsel_guide.pdf.
American Bar Association. "Ten Principles of a Public Defense Delivery System." February 2002. https://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_def_tenprinciplesbooklet.authcheckdam.pdf.
Bexar County Managed Assigned Counsel Office. "Training and Resources." Accessed May 2024. https://www.bexarmaco.org/training.