Standard:

Neither the Contracting Authority, in its selection of an attorney, firm or agency to provide public defense representation, nor the attorneys selected, in their hiring practices or in their representation of clients, shall discriminate on the grounds of race, color, religion, national origin, age, marital status, sex, sexual orientation or handicap. Both the contracting authority and the contractor shall comply with all federal, state, and local non-discrimination requirements.

Related Standards:

American Bar Association, Standards for Criminal Justice, Providing Defense Services, Standard 5-3.1.

National Legal Aid and Defender Association, Standards for Defender Services, 1976, Standard III-8.

Commentary:

This standard addresses both the concern about non-discrimination in client representation and in the selection of public defenders and their staffs.

The American Bar Association standard emphasizes the importance of recruiting attorney candidates "from minority groups which are substantially represented in the defender program's client populations." An office or attorney who is perceived as racially biased will not enjoy the confidence of clients or the courts.

Local governments and attorneys providing services must be sensitive to the potential for discrimination. All legal requirements on hiring and on the treatment of clients must be met.