Title
Authorizing City Council's Committee on Law and Government to investigate and hold public hearings reviewing the City of Philadelphia's recent Request for Proposal seeking a single law firm to provide legal representation to all indigent clients when a conflict of interest requires appointment of outside counsel.
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WHEREAS, The right to counsel is a fundamental procedural safeguard guaranteed under the Bill of Rights to all persons accused of a crime who are unable to afford a lawyer; and
WHEREAS, In the landmark case Gideon v. Wainwright, the U.S. Supreme Court recognized the fundamental role that legal representation plays in a fair criminal justice system; and
WHEREAS, In Philadelphia, The Defender's Association provides free legal services to criminal and juvenile clients who are financially unable to obtain counsel; and
WHEREAS, In some cases the Defender's Association of Philadelphia is precluded from providing that legal representation due to a conflict of interest. When this occurs, the Philadelphia Courts appoint private attorneys to represent the accused. These attorneys are referred to as "conflict counsel" or "court appointed counsel"; and
WHEREAS, The City spends approximately $8 million to $10 million yearly to fund the fees incurred by conflict counsel; and
WHEREAS, From July 1, 2010, through June 30, 2011, the Philadelphia Court of Common Pleas made in excess of 22,000 conflict counsel appointments in Philadelphia's Family, Criminal, Municipal, Orphans, and Traffic Courts; and
WHEREAS, In November 2012, the Philadelphia Mayor's Office, intending to assume this appointment power from the Courts, posted a Request For Proposal ("RFP") seeking a private entity to provide legal representation to indigent clients when the Defender's Association is prohibited from providing representation due to a conflict of interest; and
WHEREAS, The Mayor's RFP states, "It is anticipated that the initial term of the Contract...
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