3 Defense
Data Characteristics
The digital infrastructure allows providers in different types of defense systems to define the functions of their system.
For all defense-related metrics, providers should share only data relating to publicly funded work they do to provide criminal defense services to persons charged who cannot afford to retain counsel. Following the definition set by partner organization the National Center for State Courts, Justice Counts defines a criminal court case as an action brought by a prosecutor on behalf of the jurisdiction their office represents against a person accused of violating a criminal law. Criminal cases are separated into three main categories:
- Infractions: Minor violations typically punishable by payment of a fine.
- Misdemeanors: Less serious crimes than a felony, typically punishable by less than a year of confinement, community supervision, fines, or other punishments.
- Felonies: Serious criminal offenses punishable by more than a year in prison, including life in prison or, in some jurisdictions, the death penalty, or community supervision in some instances.
For providers in offices that provide civil or private defense services
Whenever possible, providers should share only data that relates to publicly funded criminal defense work. If it is not possible to disaggregate public defense data for some metrics, please prorate the metric to estimate the portion reflecting public defense work. For example, if 50 percent of the provider’s caseload are public defense cases, a provider could prorate their facility costs to reflect that 50 percent of the total cost is for public defense cases. Similarly, if public defense cases comprise 30 percent of an attorney’s caseload, that can be prorated as 0.3 full time equivalent positions. If it is not possible to disaggregate or prorate data, please add a contextual note when prompted to explain that the figures include data for civil or private defense services.
Global Definitions
To make configuring metrics as easy as possible, some concepts can be defined once at the outset of onboarding and then applied throughout the rest of your metrics configuration. These concepts include the definitions of felony cases and misdemeanor cases.
Felony Cases
Justice Counts description: A case in which the leading charge is a felony.
The Justice Counts preferred definition includes and excludes the following:
| INCLUDE | Cases with a leading felony charge |
| EXCLUDE | Cases with a leading misdemeanor or infraction charge |
Misdemeanor Cases
Justice Counts description: A case in which the leading charge is a misdemeanor.
The Justice Counts preferred definition includes and excludes the following:
| INCLUDE | Cases with a leading misdemeanor charge |
| EXCLUDE | Cases with a leading felony charge |
| EXCLUDE | Cases with a leading infraction charge |
3.1 Funding
Preferred sharing frequency: Annually
Preferred time period: First day of fiscal year to last day of fiscal year
Metric description: The amount of funding for the operation and maintenance of defense providers and criminal public defense services.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):
| Funding timeframe and spend-down | |
| INCLUDE | Funding for single fiscal year |
| INCLUDE | Biennium funding appropriated during the time period |
| INCLUDE | Multi-year appropriations that are allocated during the time period |
| Funding purpose | |
| INCLUDE | Funding for criminal defense provider facility operations and maintenance |
| INCLUDE | Funding for criminal defense provider staff and personnel |
| INCLUDE | Funding for separate counsel in conflict cases |
| INCLUDE | Funding for contracted personnel (e.g., expert witnesses, etc.) |
| INCLUDE | Funding for electronic case management systems |
| EXCLUDE | Funding for non-criminal case processing |
3.1.1 State Appropriation
Breakdown description: The amount of funding appropriated by the state for the operation and maintenance of defense providers and criminal public defense services.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Finalized state appropriations |
| EXCLUDE | Proposed state appropriations |
| EXCLUDE | Preliminary state appropriations |
| EXCLUDE | Grants from state sources that are not budget appropriations approved by the legislature/governor |
3.1.2 County or Municipal Appropriation
Breakdown description: The amount of funding appropriated by counties or municipalities for the operation and maintenance of defense providers and criminal public defense services.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Finalized county or municipal appropriations |
| EXCLUDE | Proposed county or municipal appropriations |
| EXCLUDE | Preliminary county or municipal appropriations |
3.1.3 Grants
Breakdown description: The amount of funding derived by the provider through grants and awards to be used for the operation and maintenance of defense providers and criminal public defense services.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Local grants |
| INCLUDE | State grants |
| INCLUDE | Federal grants |
| INCLUDE | Private or foundation grants |
3.1.4 Fees
Breakdown description: The amount of funding earned by the provider through fees collected from people who are criminal public defense clients of the provider.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Fees charged to people who have been assigned criminal defense counsel due to indigence |
3.1.5 Other Funding
Breakdown description: The amount of funding to be used for the operation and maintenance of defense providers and criminal public defense services that is not appropriations from the state, appropriations from the county or city, grants, or fees.
If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
3.1.6 Unknown Funding
Breakdown description: he amount of funding to be used for the operation and maintenance of defense providers and criminal public defense services for which the source is not known.
If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
3.2 Expenses
Preferred sharing frequency: Annually
Preferred time period: First day of fiscal year to last day of fiscal year
Metric description: The amount spent for the operation and maintenance of defense providers and criminal public defense services.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):
| Expenses timeframe and spend-down | |
| INCLUDE | Expenses for single fiscal year |
| INCLUDE | Biennium funding appropriated during the time period |
| INCLUDE | Multi-year appropriations that are allocated during the time period |
| Expense purpose | |
| INCLUDE | Expenses for provider facility construction, operations, and maintenance |
| INCLUDE | Expenses for criminal defense services provided for clients through the provider, including transportation and bail services |
| INCLUDE | Expenses for continuing legal education |
| INCLUDE | Expenses for criminal defense provider staff and personnel |
| INCLUDE | Expenses for contracted personnel (e.g., expert witnesses, etc.) |
| INCLUDE | Expenses for electronic case management systems |
| EXCLUDE | Expenses for non-criminal case processing |
3.2.1 Personnel
Breakdown description: The amount spent by the office to employ personnel involved in the operation and maintenance of defense providers and criminal public defense services.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Salaries |
| INCLUDE | Benefits |
| INCLUDE | Retirement contributions |
| INCLUDE | Contracts for individuals doing work related to criminal public defense |
| EXCLUDE | Companies or service providers contracted to support work related to criminal public defense |
3.2.2 Training
Breakdown description: The amount spent on the training of personnel involved in the operation and maintenance of criminal public defense providers and the representation of people who are clients of those providers, including any associated expenses, such as registration fees and travel costs.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Annual training |
| INCLUDE | Continuing education |
| INCLUDE | Specialized training |
| EXCLUDE | Courses or programs offered at no cost to individuals or the provider |
3.2.3 Facilities and Equipment
Breakdown description: The amount spent for the purchase and use of the physical plant and property owned and operated by the provider for criminal defense services.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Facility operations |
| INCLUDE | Facility maintenance |
| INCLUDE | Facility renovation |
| INCLUDE | Facility construction |
| INCLUDE | Equipment (e.g., computers, communication, and information technology infrastructure) |
3.2.4 Other Expenses
Breakdown description: The amount spent on other costs relating the operation and maintenance of criminal public defense providers and the representation of people who are clients of those providers that are not personnel, training, or facilities and equipment expenses.
If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
3.2.5 Unknown Expenses
Breakdown description: The amount spent on other costs relating the operation and maintenance of criminal defense providers and the representation of people who are clients of those providers that are for an unknown purpose.
If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
3.3 Staff
Preferred sharing frequency: Annually
Preferred time period: Last day of fiscal year
Metric description: The number of full-time equivalent positions budgeted for the provider for criminal defense services.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Filled positions |
| INCLUDE | Staff positions budgeted but currently vacant |
| INCLUDE | Full-time positions |
| INCLUDE | Part-time positions |
| INCLUDE | Contracted positions |
| INCLUDE | Temporary positions |
| EXCLUDE | Volunteer positions |
| EXCLUDE | Intern positions |
3.3.1 Legal Staff
Breakdown description: The number of full-time equivalent positions that are responsible for the criminal legal representation of clients or support that work through the provision of legal services.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Line attorneys |
| INCLUDE | Supervisory attorneys |
| INCLUDE | Paralegals |
| INCLUDE | Legal assistants |
| EXCLUDE | Legal staff positions budgeted but currently vacant |
3.3.2 Administrative Staff
Breakdown description: The number of full-time equivalent positions that work to support the day-to-day organization and logistics of the provider for criminal defense services.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Clerical staff |
| INCLUDE | Data or analytic staff |
| INCLUDE | Administrative supervisory or leadership staff |
| EXCLUDE | Administrative staff positions budgeted but currently vacant |
3.3.3 Investigative Staff
Breakdown description: The number of full-time equivalent positions that work to obtain evidence in support of the work of legal staff for criminal defense services.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Investigative staff |
| EXCLUDE | Investigative staff positions budgeted but currently vacant |
3.3.4 Other Staff
Breakdown description: The number of full-time equivalent positions that provide or support criminal defense services that are not legal staff, administrative staff, or investigative staff.
If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
3.3.5 Unknown Staff
Breakdown description: The number of full-time equivalent positions that provide or support criminal defense services of an unknown type.
If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
3.3.6 Vacant Positions (Any Staff Type)
Breakdown description: The number of full-time equivalent positions that provide or support criminal defense services of any type that are budgeted but not currently filled.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Vacant legal staff positions |
| INCLUDE | Vacant administrative staff positions |
| INCLUDE | Vacant administrative staff positions |
| INCLUDE | Vacant investigative staff positions |
| INCLUDE | Vacant staff positions of unknown type |
| EXCLUDE | Filled positions |
3.4 Caseload
Preferred sharing frequency: Monthly
Preferred time period: Last day of calendar month
Metric description: The ratio of the number of people with open criminal cases to the number of staff carrying a criminal caseload.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):
| Number of people with open criminal cases carried by the provider (numerator) | |
| INCLUDE | Criminal cases open and active during the time period |
| INCLUDE | Criminal cases assigned to an attorney but inactive |
| EXCLUDE | Criminal cases not yet assigned to an attorney |
| Number of legal staff carrying a criminal caseload (denominator) | |
| INCLUDE | Line attorneys carrying a caseload |
| INCLUDE | Supervising attorneys carrying a caseload |
| EXCLUDE | Staff on leave whose criminal caseload is being covered by a colleague |
3.4.1 Felony Caseload
Breakdown description: The ratio of the number of people with open felony cases to the number of staff carrying a felony caseload.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| Number of people with open felony cases carried by the provider (numerator) | |
| INCLUDE | Felony cases open and active during the sharing period |
| INCLUDE | Felony cases assigned to an attorney but inactive |
| EXCLUDE | Felony cases not yet assigned to an attorney |
| Number of legal staff carrying a felony caseload (denominator) | |
| INCLUDE | Line attorneys carrying a felony-only caseload |
| INCLUDE | Supervising attorneys carrying a felony-only caseload |
| EXCLUDE | Line or supervising attorneys carrying a mixed (felony and misdemeanor) caseload |
3.4.2 Misdemeanor Caseload
Breakdown description: The ratio of the number of people with open misdemeanor cases to the number of staff carrying a misdemeanor caseload.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| Number of people with open misdemeanor cases carried by the provider (numerator) | |
| INCLUDE | Misdemeanor cases open and active during the sharing period |
| INCLUDE | Misdemeanor cases assigned to an attorney but inactive |
| EXCLUDE | Misdemeanor cases not yet assigned to an attorney |
| Number of legal staff carrying a misdemeanor caseload (denominator) | |
| INCLUDE | Line attorneys carrying a misdemeanor-only caseload |
| INCLUDE | Supervising attorneys carrying a misdemeanor-only caseload |
| EXCLUDE | Line or supervising attorneys carrying a mixed (felony and misdemeanor) caseload |
3.4.3 Mixed Caseload
Breakdown description: The ratio of the number of people with open felony and misdemeanor cases to the number of staff carrying a mixed (felony and misdemeanor) caseload.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| Number of people with open mixed (felony and misdemeanor) cases carried by the provider (numerator) | |
| INCLUDE | Felony cases open and active during the sharing period |
| INCLUDE | Felony cases assigned to an attorney but inactive |
| INCLUDE | Misdemeanor cases open and active during the sharing period |
| INCLUDE | Misdemeanor cases assigned to an attorney but inactive |
| EXCLUDE | Felony cases not yet assigned to an attorney |
| EXCLUDE | Misdemeanor cases not yet assigned to an attorney |
| Number of legal staff carrying a mixed caseload (denominator) | |
| INCLUDE | Line attorneys carrying a mixed caseload |
| INCLUDE | Supervising attorneys carrying a mixed caseload |
| EXCLUDE | Line or supervising attorneys carrying a felony-only caseload |
| EXCLUDE | Line or supervising attorneys carrying a misdemeanor-only caseload |
3.4.4 Other Caseload
Breakdown description: The ratio of the number of people with open criminal cases that are not felony or misdemeanor cases to the number of staff carrying a criminal caseload that does not comprise felony or misdemeanor cases.
If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
3.4.5 Unknown Caseload
Breakdown description: The ratio of the number of people with open criminal cases of unknown severity to the number of staff carrying a criminal caseload of unknown severity.
If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
3.5 Cases Appointed Counsel
Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month
Metric description: The number of criminal cases opened by the provider.
If the same person is listed as the defendant in multiple cases, these cases are still counted separately if they were appointed an attorney on different dates
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | New criminal cases appointed to attorneys employed by the provider |
| EXCLUDE | Inactive cases reopened |
| EXCLUDE | Criminal cases transferred to conflict counsel |
3.5.1 Felony Cases
Breakdown description: The number of criminal cases appointed for representation by attorneys employed by the provider in which the leading charge was for a felony offense.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Cases with a leading felony charge |
| EXCLUDE | Cases with a leading misdemeanor or infraction charge |
3.5.2 Misdemeanor Cases
Breakdown description: The number of criminal cases appointed for representation by attorneys employed by the provider in which the leading charge was for a misdemeanor offense .
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Cases with a leading misdemeanor charge |
| EXCLUDE | Cases with a leading felony charge |
| EXCLUDE | Cases with a leading infraction charge |
3.5.3 Other Cases Referred
Breakdown description: The number of criminal cases appointed for representation by attorneys employed by the provider in which the leading charge was not for a felony or misdemeanor .
If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
3.5.4 Unknown Cases Referred
Breakdown description: The number of criminal cases appointed for representation by attorneys employed by the provider in which the leading charge was of unknown severity.
If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
3.6 Cases Disposed
Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month
Metric description: The number of criminal cases for which representation by the provider ended during the time period.
If the same person is listed as the defendant in multiple cases, these cases should be counted separately if they were disposed on different dates or with different dispositions.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Criminal cases diverted from traditional case processing |
| INCLUDE | Criminal cases dismissed |
| INCLUDE | Criminal cases resolved by plea |
| INCLUDE | Criminal cases resolved at trial |
| EXCLUDE | Cases marked as inactive, but not closed |
| EXCLUDE | Pending criminal cases |
3.6.1 Cases Disposed by Dismissal
Breakdown description: The number of criminal cases dismissed after filing and closed by the provider.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Cases with a leading felony charge dismissed |
| INCLUDE | Cases with a leading misdemeanor charge dismissed |
3.6.2 Cases Resolved by Plea
Breakdown description: The number of criminal cases resolved by plea and closed by the provider.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Cases with a leading felony charge resoloved by plea |
| INCLUDE | Cases with a leading misdemeanor charge resoloved by plea |
3.6.3 Cases Resolved at Trial
Breakdown description: The number of criminal cases resolved by trial.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Cases with a leading felony charge resolved at trial |
| INCLUDE | Cases with a leading misdemeanor charge resolved at trial |
3.6.4 Other Disposition
Breakdown description: The number of criminal cases disposed by the provider that were not dismissed, resolved by plea, or resolved at trial but disposed by another means.
If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
3.6.5 Unknown Disposition
Breakdown description: The number of criminal cases disposed by the provider for which the disposition method is unknown.
If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
3.7 Cases Disposed by Race and Ethnicity
Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month
Metric description: The number of criminal cases for which representation by the provider ended during the sharing period, disaggregated by race and ethnicity of the person charged.
The definition of cases disposed configured in the Cases Disposed metric will be applied to this metric.
If the same person is listed as the defendant in multiple cases, these cases should be counted separately if they were disposed on different dates or with different dispositions.
See Race and Ethnicity for detailed guidance on how to share data disaggregated by race and ethnicity with Justice Counts.
3.8 Cases Disposed by Biological Sex
Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month
Metric description: The number of criminal cases for which representation by the provider has ended, disaggregated by biological sex of the person charged.
The definition of cases disposed configured in the Cases Disposed metric will be applied to this metric.
If the same person is listed as the defendant in multiple cases, these cases should be counted separately if they were disposed on different dates or with different dispositions.
3.8.1 Male Biological Sex
Breakdown description: The number of criminal cases disposed in which the defendant’s biological sex is male.
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Male biological sex |
| EXCLUDE | Unknown biological sex |
3.8.2 Female Biological Sex
Breakdown description: The number of criminal cases disposed in which the defendant’s biological sex is female..
The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Female biological sex |
| EXCLUDE | Unknown biological sex |
3.8.3 Unknown Biological Sex
Breakdown description: The number of criminal cases disposed in which the defendant’s biological sex is unknown.
If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
Justice Counts recognizes that there is significant variation across defense providers for how, when, and by whom those data are collected and recorded. Therefore, in addition to configuring biological sex definitions, defense providers should also share information regarding the method of data collection for biological sex.
Please indicate the origin of biological sex data for the agency:
| Yes/No | Data are collected and recorded by a law enforcement agency and are applied unchanged by agency staff |
| Yes/No | Data are collected and recorded by a law enforcement agency and are amended upon receipt by agency staff |
| Yes/No | Data are collected and recorded by agency staff at intake |
| Yes/No | Data are collected and recorded by a criminal justice agency other than a law enforcement agency and are applied unchanged by agency staff |
| Yes/No | Data are collected and recorded by a criminal justice agency other than a law enforcement agency and are amended upon receipt by agency staff |
Please indicate the method of data collection for biological sex data for the agency:
| Yes/No | Defendants self-report their biological sex |
| Yes/No | Agency staff make determinations about biological sex for the people being processed |
| Yes/No | It is not known how biological sex data is collected |
3.9 Client Complaints Sustained
Preferred sharing frequency: Annually
Preferred time period: First day of calendar year to last day of calendar year
Metric description: The number of formal, written complaints made against criminal defense counsel that were subsequently sustained by the disciplinary board.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Complaints in criminal cases that were upheld or substantiated during the time period |
| INCLUDE | Complaints in criminal cases resulting in punishment (e.g., reprimand, disbarment) during the time period |
| EXCLUDE | Complaints in criminal cases that were unsubstantiated during the time period |
| EXCLUDE | Complaints in criminal cases pending resolution |
| EXCLUDE | Complaints in criminal cases submitted informally or not in writing |
| EXCLUDE | Duplicate complaints in criminal cases |