Deason Center Launches Online Resource to Help Public Defenders Measure Constitutional Workloads

DALLAS (SMU) – The Deason Criminal Justice Reform Center at SMU’s Dedman School of Law is launching Constitutional Workloads, an online resource to help public defenders apply the National Public Defense Workload Study (NPDWS) and determine how many attorneys they need to provide constitutionally effective representation. The resource features a step-by-step guide to applying the NPDWS, helpful illustrations and examples, and answers to frequently asked questions. This online resource is a powerful tool to help public defenders quantify their attorney needs and advocate for critical resources.   

For nearly 50 years, public defense providers relied on the 1973 National Advisory Commission on Criminal Justice Standards and Goals (NAC) to determine how many cases they could handle. The NAC standards lacked any evidentiary basis, and they were widely criticized as for grossly underestimating the time attorneys really need to effectively and ethically represent their clients.   

In 2023, the RAND Corporation, the American Bar Association, the National Center for State Courts, and Stephen F. Hanlon produced the National Public Defense Workload Study. The study was co-authored by Deason Center Policy Director Malia Brink and Associate Director of Research Cynthia Lee. 

The NPDWS quantifies the attorney time needed to provide effective assistance of counsel across 11 adult criminal case types. While the NPDWS is comprehensive, applying it can be challenging. The Deason Center’s Constitutional Workloads webpage makes the NPDWS more comprehensible and accessible for policymakers, researchers, and providers. 

Ms. Brink has provided expert testimony in Colorado, California, and Oregon in support of public defenders challenging excessive caseloads. As she explains: 

“This website gives public defense providers a clear path to evaluate whether their workloads align with their ethical and constitutional obligations. It incorporates knowledge we have gained over years of assisting providers in applying workload standards— arming them with the critical information they need to make decisions that protect the right to the effective assistance of counsel.” 

Shannon Wilson, executive director of the Public Defender of Marion County in Oregon, used the NPDWS in a lawsuit to limit the office's caseload. Wilson also previewed the Deason Center’s online resource and said, “The [NPDWS] study was fantastic for us … and this toolkit will be equally helpful.”  

The Constitutional Workloads webpage guides users to apply the NPDWS standards in five steps. The resource also has a “Get Help” page where practitioners can reach out to Deason Center staff for additional guidance.  

 The NPDWS is already shaping how courts, policymakers, and public defenders evaluate caseloads. The Deason Center’s online Constitutional Workloads resource helps the people who need it most use the NPDWS standards. 

You can explore the Constitutional Workload resource page here: https://bit.ly/PDworkloads