Journal Article

DIAGONAL REPRESENTATION

Magaña, Alma

2025

Overview

Applying Circle of Decisional Autonomy Theory to Diagonal Representation Practice.63 Conclusion.65 Introduction A lot has been written about the crisis of indigent defense and the plethora of factors that have led to the crisis, like the lack of guidance on how indigent defense providers can most efficiently distribute their insufficient resources.1 This lack of guidance has left jurisdictions across the country to their own devices, resulting in a national landscape of very different models, each with its own variations of the same problems plaguing indigent defense.2 Irene Joe is one of few scholars who have turned their eye to the administrators of indigent defense,3 and in her newest article, Administering Effective Assistance of Counsel? she explores three concrete, structural, and underregulated decisions5 these administrators need to think strategically about to ensure they are efficiently distributing insufficient resources. In her article, Joe does not suggest that all organizations adopt one model of case distribution over another; she acknowledges that both systems have advantages and drawbacks.10 Joe does, however, implore administrators of indigent defense to consider which model would be most effective for their organization in ensuring they meet their required baseline of representation.11 The American Bar Association (\"ABA\") has endorsed vertical representation for one main reason: to build trust12 with clients through continuity. A practical solution DBE64A78D14697C3234F9/S2056472422000631a.pdf/prevalence-of-mental-disorders-indefendants-at-criminal-court.pdf. to this challenge was to have attorneys, referred to as \"catchers,\"24 assigned to certain courtrooms to serve as a client's counsel for that particular court appearance in the event that the client's assigned attorney was unavailable. [...]while in theory vertical representation is ideal, in practice the challenges resulting from it can be just as problematic as those that plague horizontal representation, as described by Joe.25 Under a horizontal representation model, indigent clients receive services from different lawyers at each stage of the trial-level process,26 like arraignment, motions practice, and trial.

• Publisher: Boston University School of Law
• Subject: Attorneys / Criminal law / Defense / Immigration / Indictments / Mental health / Public defenders / Right to counsel / Trials