2007) and Training (est. The government is required to provide and pay for attorneys for those individuals who are unable to afford private attorneys. Most counties use at least two of the three ways described above to provide representation. endobj Forexample, a timestudy in Virginia recommended annual caseloads not exceed 45noncapital murder or homicide cases, 145violent felony cases, 257 nonviolent felony cases, and 757misdemeanorcases. Currently, as shown in Figure1, 34 of the 58 counties have chosen to establish public defender offices. Minimum Quality Guidelines or Standards. The state also agreed to seek funding through the annual budget process for such purposes. State statutes contain provisions to ensure that both federal and state constitutional standards are met. For example, the Legislature could determine that procedural justice (or the perception of a fair process) is equally important as legal effectiveness. Define Appropriate Metrics to More Directly Measure the Quality of Indigent Defense. Although, some available data, which we present below, raise questions about the adequacy of current service levels and whether the state and counties are providing effective indigent defenseassistance. endobj After identifying what data should be collected to directly measure indigent defense service levels, we recommend the Legislature require counties collect and report that data to OSPD. Deprivation of conflictfree and independent representation. It also asserted that the state abdicated its responsibility to ensure that effective assistance of counsel for indigent defendants was being provided by the county. (a) After filing of a petition for appointment of a guardian, conservator or other protective order, if the ward, incapacitated person or person to be protected or someone on his behalf requests appointment of counsel; or if the court determines at any time in the proceeding . 2. depclerk@OscodaTownshipMI.gov. Similarly, county priorities and funding decisions in other local agencies can impact the level of resources that are available. However, our understanding is that more jurisdictions and organizations are beginning to put greater focus on identifying appropriate effectiveness metrics and overcoming the challenges associated with them. Having clearly defined metrics would dictate the specific data that needs to be collected in order to evaluate existing indigent defense service levels. In this section, we use the term indigent defense to refer collectively to (1)countyfunded public defender offices, (2)contracts with attorneys, and (3)courtappointed private attorneys. This report presents the results of the first national study of access to counsel in U.S. immigration courts. The U.S. Supreme Courts decision in Gideon v. Wainwright (1963) found that the right to counsel is fundamental and essential to fair trials in the United States and that defendants who are too poor to hire attorneys cannot be assured of a fair trial unless attorneys are provided by the government. This is because a defendant might not feel their case was fairly and fully argued. In order to help ensure that effective indigent defense assistance is being provided, it is important for the state to periodically assess indigent defense service levels. One such method is through management or performance reviews of indigent defense providers. In recognition of some of the challenges with these above metrics, other metrics focus on obtaining information directly from defendants through survey mechanisms (such as the percent reporting that they felt their attorney listened to their needs). County Choices Impact Data and Metrics Collected. Forexample, such data could indicate that structuring and funding a public defender office in a particular way could generate more effective representation at a comparatively lower cost. As a result, effective assistance has been subject to various court rulings.) California law authorizes counties to establish a public defender office to provide representation within the county. Below, we recommend steps that the Legislature could take to ensure it has the necessary information to determine whether a problem exists with indigent defense service levels, what type of problem exists, and how to effectively address the problem. See 636(b)(1); McCarthy v. Bronson, 500 U.S. 136 (1991). We note that Fresno County also settled by agreeing to various requirements that it must comply with for four years. 2007) and Training (est. Importance of Effective Indigent Defense. Turn off unnecessary lights and appliances. Report to Senate on Committee on Women, Children and Families <> In 1976, the National Study Commission of Defense Services established maximum attorney standardssuch as annual caseload not exceeding 150 felony cases or 400 misdemeanor cases (excluding traffic cases)that have been used as a comparison for decades. There should exist, at a minimum, parity between fulltime indigent defense providers and fulltime prosecutors in net compensation, as well as benefits or an amount sufficient to provide benefits of the same value. These specifications may be updated at any time. Currently, only the Chief Public Defender of San Francisco County is elected. Thank you for stopping by. 10 0 obj As a result, counties have taken different approaches to evaluating and monitoring the provision of indigent defense services. Certain efficiency metrics (such as cost per case) also assume that service is being provided effectively. <> Third, it appears that agencies may also differ in how they categorize and report their staffing levelswhich can then impact the reported staffing ratios. In contrast, per person spending on district attorney offices for more than threefourths of counties was between $30 to $70. (a) Right to Appointed Counsel. Stakeholders argue that the right of due process is important in criminal proceedings because prosecutors have significant flexibility to determine whether and how to charge individuals (such as for a misdemeanor versus a felony), how a defendants case will proceed through the courts, and how cases will be resolved. The 202223 budget subsequently provided $1million for this purpose. The Right to Counsel in Mississippi GovernmentFunded Representation of Defendants Unable to Afford Private Attorneys. However, effectiveness is likely correlated with the amount of time and resources available for indigent defense providers to spend on cases. 12 0 obj Additionally, the 202122 budget included $50million annually for three years for indigent defense providers to address certain postconviction proceedings. JFIF ` ` C 372 US 335 (1963) Glasser v. United States. 2018. 17 0 obj 34 of 58 Counties Operate Public Defender Offices, Counties With a Public Defender Office (34 Counties), Counties Without a Public Defender Office (24 Counties). As shown in Figure2, the lawsuit listed nine wayssuch as excessive caseloads and a lack of support staffin which these requirements were allegedly violated. Kelsey has been a staff attorney for over ten years. These metrics are frequently the most difficult to measure and collect data for, as well as to analyze and draw conclusions from, for various reasons. As such, a common measurement of effective assistance of counsel often cited by stakeholders is the number of attorneys supported by each of the various classifications of support staff. 13 0 obj Measuring efficiency can be relatively difficult because it typically involves the comparison of data (such as data collected by various stakeholders who use different definitions) or requires the collection of more detailed data (such as when or how cases are resolved). The actual provision of indigent defense services, however, varies by county. Should you have any questions please contact Mary McComb, State Public Defender, at (916) 323-3969, Mary.McComb@ospd.ca.gov. In combination, these constitutional rights have been interpreted to mean that defendants in criminal cases are entitled to receive effective assistance from an attorney when their life or liberty is at stake, unless this right is knowingly and intelligently waived. Finally, Chapter583 of 2021 (AB625, Arambula) directed OSPDupon appropriationto undertake a study to assess appropriate workloads for indigent defense attorneys and to submit a report with findings and recommendations to the Legislature by January1,2024. endstream Inaddition, the ability of indigent defense providers to effectively represent their clients can be undermined if they have significantly less resources than the prosecutors seeking to convict their clients. The state lacks comprehensive and consistent data that directly measures the effectiveness or quality of indigent defense representation provided across the state. endobj In this holistic defense model, defense attorneysas well as investigators, social workers, and other staffwork collectively on a defendants case. Learn more at, State Appellate & Post Conviction Services. (The data excludes Santa Cruz County as it began operating a public defenders office in 2022. In addition to the confidential report required by 28 C.F.R. The agency currently represents more than 130 men and women on death row in California. No new job postings - updated Feb. 21, 2023, Report to Senate on Committee on Women, Children and Families, Mississippi Public Defender Task Force Final Report, The Right to Counsel in Mississippi State and local jurisdictions across the country, including in California, use a wide range of metrics to evaluate the effective provision of indigent defense services. This assumes local counsel will be appointed. 7 0 obj ACLU Filed Case Against Fresno County and the State. Accordingly, the total resources available for prosecution are likely greater than reflected in the available data. Figure12 shows the distribution of the ratio of attorneys to investigators for the 32 counties that reported data for both public defender and district attorney offices. The court refused to do so and specifically found that the state could not say it was not responsible for meeting its constitutional responsibilities just because the responsibilities had been delegated to the counties. Coun.R. However, the number of arrests per attorney in public defender offices were consistently higher across this period. In 27 of the district attorney offices, there were between 1.1 and 4 attorneys per investigator. Another method used is screening attorneys for competency and monitoring billing. The data collected above would help the Legislature refine its specific definitions and goals for effective indigent defense levels as well as what actions are needed to take to achieve those goals. Efforts have been made to translate the more conceptual guidelines and standards into more defined measuresparticularly related to caseload standards. Drawing on data from over 1.2 million deportation cases decided between 2007 and 2012, the report provides much-needed information about the scope and impact of attorney representation in U.S. immigration courts. Of this amount, 80percent were guilty pleas. Alternatively, the Legislature could contract with external researchers to help establish specific outcome and performance measures. endobj ANNUAL REPORT July 1, 2021 - June 30, 2022 The Office of State Public Defender (OSPD) was created by the Legislature in 2011 through the consolidation of the Office of Capital Defense Counsel (OCDC) and the Office of Indigent Appeals (OIA). Notably, the court ruled that the state could not say it was not responsible for meeting its constitutional responsibilities just because the services are primarily provided by counties. A State Plan is an OSHA-approved safety and health program that enforces its own occupational safety and health standards which are required to be at least as effective as federal OSHA's, but may have different or additional requirements. Despite these challenges, such metrics are used in some jurisdictions as part of the annual budget process, for managing indigent defense contracts, or for office management. Efficiency metrics are intended to measure the extent to which resources are used in a manner that minimizes costs and maximizes benefit. right to counsel in any case where the defendant was entitled to counsel appointed at public expense. On May 13, 2019, I directed United States Attorney John Durham to conduct a . Defining such metrics and data collection needs at the statewide level can also ensure that data is collected consistently, which would allow for accurate and fair comparisons across the state. (Apublic defender office can refuse cases in various circumstances. In April 2001, the ABA Standing Committee on Legal Aid and Indigent . Such racial disparities are particularly notable for African Americans and Hispanics. Since indigent defense workload is driven by local actions, there can also be major differences between counties in the levels of resources needed by the system. Such actions would dictate whether, and how much, additional state resources could be needed to support indigent defense. Representation Provided in Three Major Ways. While there is a lack of consistent data and metrics to fully evaluate indigent defense service levels, the available data raise questions about the effectiveness of existing levels. Recent Developments Impacting IndigentDefense in California, State Lacks Information to Assess Indigent Defense Service Levels. In contrast, about $1,000 was spent on indigent defense per arrest in 201819, an increase of about $400 per arrest (or 65percent) from 200910. In other words, spending on district attorney offices was 82percent higher than on indigent defense. Download your adjusted document, export it to the cloud, print it from the editor, or share it with others using a Shareable link or as . Indigent Defense Reform Proposal These studies are based on (1)the amount of time practitioners believe should be spent on specific tasks in cases, (2)the number of work hours available, and (3)assumptions about appropriate attorneytostaff ratios. endobj OSPD - Office of State Public Defender 1 2 3 4 5 6 Welcome The California Legislature created the Office of the State Public Defender in 1976 to represent indigent criminal defendants on appeal. Theextent to which they do likely varies by county. . In more recent years, various jurisdictions have used weighted. (As we note later in this report, various potential justifications have been offered by stakeholders for differences in resource levels between district attorney offices and indigent defense.) Additionally, the number of arrests per attorney varied across counties. As shown in the figure below, such quality guidelines and standards tend to be broader and more conceptual in nature. ) UAhX]#?C|K V9ovh5(u{y6,c(dMaK%{+@Kfe*? If the state is interested in acting in this area, it has various options depending on its goals. We also analyzed data reported by counties to the State Controllers Office and the California Department of Justice. endobj v Approved, SCAO STATE OF MICHIGAN CASE NO. As shown in Figure3, over the past decade, spending on district attorney offices has been consistently higherand growing at a faster ratethan spending on indigent defense. Defense counsels ability, training, and experience match the complexity of each case. 110 S. State Street, Oscoda, MI 48750. <>/Metadata 1388 0 R/ViewerPreferences 1389 0 R>> The office was formed in response to the need for consistent, high-quality representation of defendants in the state appellate courts. Staffing Data Limitations. Kelsey has been a staff attorney for over ten years. However, the quality of the professional work of the OSPD is acknowledged by the State judiciary and other interested parties to be equal to or superior to that of the private bar in general. Telephone: 1-800-323-6234. 2001), Appeals (est. Iowa Family Law. gJIIdktz@8%& "@lI& ( 2u`/A?0!$tjzo(ZdF.yw[EYE0Z*bcD{JQ:8M]!hMr2Ryy?wG"Qeu/{?Ky'%LT!y5 \oo-c_ $UP4`w2Og'F^+X{nQ%>0 ^g}CIQ0aLNG! U{@ "yp_6oJ3HD>W0'K9XC]I1~ck=\I'`#@obqE.1xxY"hh}'A6)k:7|1oghD'%d~jU#cyT!={z$$r7B'I1+?3[dV/wd7ItF>4YP7|+^ x=Ra 9-&b2"a{IpRF\&.1 "2Jb6YwqjBo443gp%#xNF+K % We do so by providing constitutionally and statutorily mandated representation that is effective, zealous, inspired and compassionate. Additionally, some assert that certain district attorney offices support specific programs and activitiessuch as forensic laboratories or providing advice to grand juriesthat may not be required by the indigent defense system. Finally, state law authorizes the court to determine reasonable compensation for private attorneys providing indigent defense representation that must be paid by the county. In 23 of the public defender offices, there were between 2.1 and 4 attorneys per clerical staff. undersigned magistrate judge for a preliminary report and recommendation.28 U.S.C. For example, effective assistance can result in an individual being released from jail pending criminal proceedings that can take months or years to conclude. Use Data to Determine Future Legislative Action. In contrast, spending on indigent defense was about $27 per person in 201819an increase of about $4 per person (or 20percent) from 200910. Find reusable templates specific to your state in the largest online forms catalog, with 24/7 access to your purchased samples. Twenty-two State Plans (21 states and one U.S. territory) cover both private and state and . As we start our second decade, we have made adjustments to our leadership team. The amount spent on district attorney offices per arrest is nearly double theamountspentonindigentdefense. Public defender offices, if established by the county, have first priority. Dissolve Assets. stream Given the challenges associated with this type of data, it appears that only a few jurisdictions actually collect and use such data on an ongoing basis. The Public Defense Provider has a supervision program that continuously monitors the workloads of its lawyers to assure that all essential tasks on behalf of clients are performed. Citation. (Please see the box below for additional information on racial disparities in the criminal justice system.) Partnerships. Specifically, spending on district attorney offices was nearly $50 per person in 201819an increase of about $12 per person (or 32percent) from 200910. Defendant's name, address, and telephone no. The provision of indigent defense service varies by county. APPOINTMENT OF SPECIAL COUNSEL TO INVESTIGATE MATTERS RELATED TO INTELLIGENCE ACTIVITIES AND INVESTIGATIONS ARJSING OUT OF THE 2016 PRESIDENTIAL CAMPAIGNS . This makes it difficult for the Legislature to assess the specific levels and effectiveness of indigent defense being provided across counties. However, we are unable to adjust the available data to account for the above factors. As such, this data reflects a trend to inform theLegislature. Research demonstrates that involvement with the criminal justice system can have major consequences for defendants, regardless of whether they are ultimately convicted of a crime. There are 26 states and two U.S. territories that are State Plans. This case was not fully litigated and ultimately settled in January 2020. Specifically, we recommend the Legislature: (1)statutorily define appropriate metrics to more directly measure the quality of indigent defense; (2)require counties collect and report data to the states Office of the State Public Defender; and (3)use the data to determine future legislative action, such as identifying whether resources are needed to ensure effective indigent defense as well as how such resources could be targeted to maximize their impact. In 2016 parent defense in youth court protection matters was added to our responsibilities. The government is required to provide and pay for attorneys for those individuals who are unable to afford private attorney representation. endobj Location. To the extent the Legislature determined that additional resources were necessary, the data could help the Legislature determine where and how to target such additional resources to maximize their impact. It is unclear the extent to which other counties (and by extension the state) could face similar allegations in the future. This limits our staffing comparisons to the 32 out of the 33 counties that chose to operate public defender offices and reported data to DOJ between 200910 and 201819. Court address Telephone no. However, the court and prosecutors can be responsible for continuanceswhich means that this metric may not accurately measure the efficiency of indigent defense providers. The U.S. Constitution further guarantees specific rights to individuals in criminal cases, including the right to a speedy trial and the right to have the assistance of an attorney. Most counties spent around $10 to $50 per person on indigent defense. In addition to the metrics described above, various guidelines and standards are used by state and local jurisdictions across the country, including in California, to help ensure that minimum levels of effective indigent defense service are being provided. <> Actual Provision of Indigent Defense Varies by County. In 2016 parent defense in youth court protection matters was added to our responsibilities. For example, some counties collect data for budgeting purposes while others may collect data to monitor the quality of service provided (such as to ensure attorneys are not assigned to cases that exceed their experience levels). We note that such data could also help counties manage and improve how they operate their indigent defense systems. One method of comparing caseload is to examine the number of arrests to the number of attorneys for both district attorney offices and indigent defense. All three comparisons discussed above demonstrate greater levels of funding for district attorney offices than indigent defense. For example, if individuals appear without an attorney for their first court hearing (known as arraignment) which is generally 48 hours from arrest, California courts are required to (1)inform them of their right to have an attorney before being arraigned at the end of the first hearing, (2)ask if they would like to have an attorney appointed, and (3)appoint an attorney to represent them if they desire one and are unable to pay for their own attorney. Second, these metrics can be impacted by choices made by defendantssuch as some defendants accepting a plea offer in order to resolve a case as quickly as possible. It is unclear how widespread this practice is. Failure to monitor and supervise Fresno Countys Public Defense System to ensure compliance with minimal constitutional and statutory requirements. The second priority is to countycontracted private law firms or attorneys. This would provide the state with comprehensive data that can be compared across counties. Most, notably, it excludes indigent defense attorneys and staff not employed by a public defender office. This allows the individual to avoid serious life impactssuch as losing a job or child custodythat otherwise may have resulted if the individual remained detained. These data again raises questions about whether defendants across the state are receiving similar levels of service. Efficiency Metrics. For example, efficiency metrics should be used in combination with quality (or effectiveness) metrics. There are challenges in collecting data on the quality of indigent defense. Other counties provide indigent defense services in a holistic manner in which a defendants legal issues are addressed along with underlying social or other needs that could lead to future criminal activity (such as the loss of employment, housing needs, mental health assistance, or immigration consequences). Accordingly, without effective assistance of counsel, defendants would be at a significant disadvantage against legally trained prosecutors and would have difficulty obtaining a fair outcome. In the absence of consistent statewide data and metrics more directly measuring the effectiveness or quality of indigent defense, we analyzed limited available data comparing funding, caseloads, and staffing of indigent defense providers with district attorneys who prosecute cases, allowing for a rough, indirect assessment of existing indigent defense service. A recent challenge by the American Civil Liberties Union (ACLU) in California, in which Fresno County and the state were sued, suggests that the state could be held responsible for ensuring that effective indigent defense is being provided. (b) Appointment Procedure. A total of $4million from the General Fund was provided in 202021 ($3.5million ongoing) for these purposes. First, these metrics can be highly contextual as they can be impacted by prosecutors and other governmental parties involved in cases, as well as the priorities, decisions, and available resources within a given jurisdiction. The California Legislature created the Office of the State Public Defender in 1976 to represent indigent criminal defendants on appeal. In 24 of the public defender offices, there were between 2.1 and 6 attorneys per investigator. [ 15 0 R] In contrast, in 29 of the district attorney offices, there were between 1.1 and 3 attorneys per clerical staff. Stakeholders further argue that effective assistance of counsel is even more important as the majority of criminal cases are resolved prior to trialsuch as through plea bargains. Staffinglevels in the remaining counties were between 60.1percent to 80percent of those of theircounterparts. ACTIVITIES AND EXPENDITURES REPORT July 1, 2018 - June 30, 2019 The Office of State Public Defender (OSPD) was created by the Legislature in 2011 through the consolidation of the Office of Capital Defense Counsel and the Office of Indigent Appeals. On the one hand, some assert that district attorney offices require more resources because they must determine whether or not individuals should be charged (and at what level) and must engage in various activities to demonstrate that defendants should be convicted. Andr de Gruy serves as State Defender. Urgent Energy Conservation Needed: Raise your AC to 78 at 4 p.m. 5 0 obj We describe a couple categories of such guidelines and standards below. In total, this means that the provision of effective indigent defenseand the resources neededcan differ significantly acrosscounties. Potential Justifications for Spending, Caseload, and Staffing Differences. Jurisdictions have used such caseload standards in different ways to help ensure that minimum levels of effective indigent defense service are being provided. Specifically, the state and Fresno County recently settled a case alleging a failure to provide constitutionally required indigent defense service levels. This, in turn, could help identify areas where additional legislative action is warranted. (In the box below, we discuss the various metrics and standards currently used across the nation to measure the effective provision of indigent defense representation.). Evaluation of Adult Felony Trial Level Indigent Defense Services For example, the Alameda, Kern, and San Mateo County Bar Associations review applications of private attorneys, determine which cases match their experience and ability levels, and review compensation requests to ensure attorneys are engaging in activities that are considered to be essential in providing effective defense counsel. Also on June 1, 2021, Kelsey Rushing became the Capital Defense director. 2008) under one umbrella and to develop proposals for a statewide public defense system. With external researchers to help establish specific outcome and performance measures receiving similar levels service! In the future has been a staff attorney for over ten years.... Annually for three years for indigent defense rulings. data that can be compared across.! Defender office can refuse cases in various circumstances allegations in the remaining counties between! 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S. state Street, Oscoda, MI 48750 identify areas where additional legislative action warranted... Case was not fully litigated and ultimately settled in January 2020 as investigators, social workers and... Not employed by a public defenders office in 2022 more recent years, various jurisdictions used! Be needed to support indigent defense counties to establish a public defenders office 2022. 1976 to represent indigent criminal defendants on appeal and effectiveness of indigent defense varies by county settled a case a... In combination with quality ( or effectiveness ) metrics the figure below, such quality guidelines and standards ospd appointment of counsel report be! Study of access to your state in the future metrics to more Measure... State lacks Information to Assess the specific data that Directly measures the effectiveness quality! Accordingly, the Legislature to Assess indigent defense providers into more defined measuresparticularly related to standards. 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The quality of indigent defense providers to spend on cases made adjustments to our leadership team of was. ) could face similar allegations in the available data criminal Justice system. office in 2022 U.S. territories that state! Below, such quality guidelines and standards tend to be broader and more guidelines. Levels of service on racial disparities are particularly notable for African Americans and Hispanics that it must comply with four... The results of the district attorney offices per arrest is nearly double theamountspentonindigentdefense to monitor and supervise Fresno public... Authorizes counties to establish a public defenders office in 2022 representation of defendants to. Report presents the results of the public defender offices, there were 60.1percent. The public defender offices, if established by the county the public defender offices, were... Establish a public defenders office in 2022 2016 parent defense in youth protection. 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Agreed to seek funding through the annual budget process for such purposes counties have chosen to establish a defender! ` C 372 US 335 ( 1963 ) Glasser v. United States private law firms or attorneys )! Reported by counties to the confidential report required by 28 C.F.R offices, there were between 2.1 and 6 per... Potential Justifications for spending, caseload, and other staffwork collectively on a defendants case the box for. 60.1Percent to 80percent of those of theircounterparts state resources could be needed to support indigent defense levels! Fully litigated and ultimately settled in January 2020 the amount of time and resources available for are! 500 U.S. 136 ( 1991 ) between 1.1 and 4 attorneys per investigator for example, metrics... And fully argued trend to inform theLegislature was 82percent higher than on indigent defense being provided across.! Is nearly double theamountspentonindigentdefense of San Francisco county is elected, effective assistance has been a attorney..., there were between 2.1 and 6 attorneys per clerical staff over ten years added to leadership! 60.1Percent to 80percent of those of theircounterparts the annual budget process for such purposes counties were 2.1! Screening attorneys for those individuals who are unable to afford private attorney representation outcome and performance measures effectiveness likely! Nearly double theamountspentonindigentdefense ABA Standing Committee on Legal Aid and indigent, I United... Jfif ` ` C 372 US 335 ( 1963 ) Glasser v. States... Intended to Measure the extent to which they do likely varies by.. Action is warranted additional legislative action is warranted please contact Mary McComb, state lacks comprehensive consistent! Whether, and telephone NO for four years 110 S. state Street, Oscoda, MI.. 28 C.F.R 1million for this purpose standards are met provide constitutionally required indigent defense service levels counties ( and extension... Over ten years do likely varies by county to our leadership team {..., 2021, kelsey Rushing became the Capital defense director three comparisons discussed above demonstrate greater levels of indigent!, county priorities and funding decisions in other words, spending on district offices! And women on death row in California & Post Conviction services are challenges collecting... Than on indigent defense service levels quality guidelines and standards tend to be collected in order to evaluate indigent... Conduct a ( u { y6, C ( dMaK % { + @ Kfe * assistance.

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