Public Defender Stuff

Adios Y Gracias Por Todos Los Pescados*

2007-06-01T06:53:00.000-06:00

* So Long And Thanks For All The Fish

After more than 8 years as an investigator for the Colorado Public Defender, the time has come to move on.

So here's my first announcement: I'm moving to Moscow, Idaho, where I will be an investigator at the Capital Habeas Unit of Federal Defender Services of Idaho. I am very excited by this opportunity, and I'm really looking forward to working with such an incredible and dedicated group of people.

But what to do about PD Stuff? At the very least PD Stuff would have to undergo a radical change, or perhaps even cease to exist. In fact, I was seriously considering pulling the plug.

So it is with great pleasure (and relief) that I make this second announcement: Gideon, publisher of the blog a public defender, is taking on the task of publishing Public Defender Stuff, effective Saturday. Gideon has been hard at work on a redesign, and he is more than prepared for the launch of what can only be described as the new and improved PD Stuff. I am really looking forward to following my baby's progress as she takes this major step in Gideon's very capable hands.

Thank you, everybody, for your continued support of PD Stuff, and thank you, Gideon, for giving it a great new home.

The old PD Stuff address will redirect visitors to the new site, but please don't forget to update your links, and email subscribers will need to unsubscribe from the old site and sign up at the new site.

The new address for PD Stuff is http://pdstuff.apublicdefender.com

The new feed address (RSS) is http://pdstuff.apublicdefender.com/feed/

I now return you to your regularly scheduled programming on its new channel...

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'Ipse Dixit: 1; Prosecution: 0"

2007-06-01T05:13:00.000-06:00

From public defender blogger Ipse Dixit:

Closed my first trial today.

The jury had the case for 25 minutes...

and returned a NOT GUILTY VERDICT!!!!!

Wooohoooo!! I am so exhausted at the moment I cannot write anymore. I will try and post something more interesting soon.

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New PD Blog Posts

2007-06-01T04:56:00.000-06:00

New posts on public defender blogs since Thursday morning:

Arbitrary and Capricious

audacity

Capital Defense Weekly

Cook County Public Defenders

Of a Public Defender's Life

a public defender

A Public Defender's Journal

A Public Defender's Life in Alaska

The Rural Bus Route

Swan Lake Samba Girl

Woman of the Law

Ninth Circuit Federal Defender Blog

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New PD Blog Posts

2007-05-31T06:01:00.000-06:00

New posts from public defender since Wednesday morning:

Arbitrary and Capricious

audacity

Blonde Justice

Caminiqua and Davious

Capital Defense Weekly

Third Circuit Federal Defender Blog

Fourth Circuit Federal Defender Blog

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For PD, It's All About Defense

2007-05-31T05:55:00.000-06:00

From The Glenwood Springs (Colorado) Post Independent:

Greg Greer is all about defense.

He defends people accused of crimes who can't afford attorneys. He has helped coach the defense for Glenwood Springs High School's football team.

He's leaving the position of chief public defender for the Glenwood Springs region after 20 years in the office, but will still be a defender.

"I think in addition to being a good trial lawyer and wonderful friend, he is one of the strongest lawyers our system has ever had," said Ann Aber, training director for Colorado's public defenders. She's known Greer for 17 years.

"I really feel like poor people in Colorado are losing one of their most tireless champions," Aber said.

Today was planned to be his last day as public defender. He's starting a solo private practice, Greer Law Firm PC, in which he'll continue his 25-year dedication to criminal defense work. Greer said the State Public Defender's Office is bringing on someone new to replace him but he didn't want to say too much about it.

Some people say it's demanding, working in a public defender's office and handling 80 to 100 open cases at any time. Greer calls it a luxury.

"As a public defender, you can dedicate yourself solely to the practice of law," he said. Public defenders get lots of serious felony trial experience and can focus on developing their criminal defense strategies, he added.

"The government is dangerous and someone needs to be that check," he said. "It's just exposure to the need to protect people against the extraordinary power of police and prosecution," he said.

read the entire article...

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Former PD Arrested

2007-05-30T20:53:00.000-06:00

From The Altoona (Pennsylvania) Mirror:

The Bedford County public defender who abruptly resigned from his position two months ago has been arrested on charges of sexually abusing a young girl.

Authorities say Bradley Bingaman, 31, formerly of Bedford, remains in Bedford County Jail Wednesday. Bail information was not immediately available.

More details will be released at a press conference Thursday at the state police Bedford barracks.

Bingaman, the county's chief public defender since 2003, cited personal and family problems when he quit his job without notice at the end of March, shocking county officials.

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Coming Friday...

2007-05-30T07:01:00.001-06:00

This Friday will be my final post, then PD Stuff will move to a new home with a new look and a new publisher.

So don't forget to tune in Friday, especially if you are an email subscriber or if you want to be the first on your block to get the new address of the new and improved Public Defender Stuff (I've seen the redesign for the new launch, and it's really cool).

I also may (or may not) reveal details of the big job change that precipitated my giving up PD Stuff...

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New PD Blog Posts

2007-05-30T06:54:00.000-06:00

New posts on public defender blogs since Tuesday morning:

Arbitrary and Capricious

Caminiqua and Davious

Capital Defense Weekly

A Public Defender's Journal

A Public Defender's Life in Alaska

Rabid Sanity

The Rural Bus Route

Scoplaw

The Suburban Ecstasies

Swan Lake Samba Girl

Tales of a Public Defender Investigator

Woman in Black

Woman of the Law

Defense Newsletter Blog

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Former PD, Running Unopposed For DA, Wants Cases Cleared Up Faster

2007-05-30T06:47:00.000-06:00

From The Williamsport (Pennsylvania) Sun-Gazette:

Eric R. Linhardt, the unopposed district attorney nominee, said that faster ways need to be developed to get cases through Lycoming County courts.

“There isn’t any reason why we can’t set up a system where we can get 80 percent of our cases in and out of the system in 120 days,” Linhardt, 42, said Tuesday in an interview at his law office.

“I hope to be able to set up a system where we can fast-track gun crimes,” he said.

Asked for a response, District Attorney Michael A. Dinges said that his office attempts to get cases done within 365 days, 180 days if the defendant is incarcerated. “That is what we do to comply with the state statute and we get cases done as efficiently as we can under the law,” Dinges said.

Linhardt, who was once assistant public defender, defeated assistant district attorney Robert Ferrell in the May primary election. Linhardt laid out a number of goals he wants to see happen once he takes office.

Swifter prosecution, so victims and their families don’t have delayed justice, he said, is one of the top goals.

“There are defendants in our system now who have multiple cases pending and pick up a second case while they were on bail for the first,” Linhardt said. In those cases, bail should be revoked, he said, especially when they demonstrate they are a danger to the community. “They should go to County Prison while they await disposition on the case,” he said.

read the entire article...

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PD System Would Be Restructured Under Proposal

2007-05-29T21:02:00.000-06:00

From The South Bend (Indiana) Tribune:

A plan to revamp St. Joseph County’s overburdened public defender system could be ready to go by July 1.

Following a Tuesday presentation by Circuit Judge Michael Gotsch, a County Council committee sent a pair of ordinances needed to effect the change to the full council with a favorable recommendation.

If approved at the council’s June 12 meeting, the measures would establish the program for the second half of the year.

“We’re reforming the whole system,” said Gotsch, who said the intent is to deliver a better product at no additional cost to the county.

As outlined by Gotsch, the program would essentially allow the county to hire 10 more public defenders, plus establish a chief deputy with administrative and court duties.

It would also increase the pay and duties of the chief public defender, who would assume the power to manage, hire and fire the public defender staff.

The additional lawyers are needed to lighten caseloads that have typically been well above the state standard.

read the entire article...

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'The Price Of Misdemeanor Representation'

2007-05-29T17:25:00.000-06:00

From Adam Gershowitz of PrawfsBlawg:

Over the weekend, Erica Hashimoto posted her new article, "The Price of Misdemeanor Representation," on SSRN. The article addresses the chronic underfunding of indigent defense. Erica argues that we are spending too much money to provide free representation to indigent misdemeanor defendants who could get the same or better results without a free lawyer. She argues that states should take steps to reduce the number of misdemeanor appointments (including eliminating imprisonment for very minor offenses that trigger a constitutional right to counsel) so that resources can be used to reduce caseloads of indigent defenders handling more serious cases. I'm particularly interested in this subject, having recently finished an article entitled Raise the Proof: A Default Rule for Indigent Defense, where I argue that state courts should raise the standard of proof in indigent defense cases until legislatures comply with national caseload recommendations or provide funding parity between prosecutors and defense lawyers.

To be honest (and to demonstrate some of the humility that my wife claims I'm lacking), I can say that Erica's article is a better read, not to mention more realistic, than my proposal. Her paper deserves serious attention.

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The Future Of PD Stuff

2007-05-29T08:56:00.000-06:00

As I prepare to depart for my new job, I thought PD Stuff may have to close up shop. A solution has been found, however, and starting Saturday PD Stuff will be under new management.

So tune in this Friday to learn:

Who is taking over the reins of PD Stuff?

Where will the new PD Stuff be located?

All this and more, coming this Friday.

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New PD Blog Posts

2007-05-29T06:44:00.000-06:00

New posts on public defender blogs since Monday morning:

Arbitrary and Capricious

audacity

Between a Laugh and a Tear

Blonde Justice

Capital Defense Weekly

Defending Those People

the imbroglio

Of a Public Defender's Life

a public defender

A Public Defender's Life in Alaska

The Rural Bus Route

Scoplaw

The Suburban Ecstasies

Swan Lake Samba Girl

What Life Is

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'The Advocate'

2007-05-29T06:39:00.000-06:00

From The Denver Post:

Growing up with his parents and two brothers in the projects of Chicago - in an atmosphere of intimidation "where you didn't know what was going to happen next" - Skeet Johnson says he was surrounded by love at home.

"My mother was a steadying influence. She vowed that the streets wouldn't get us," Johnson recalls.

And his dad, a chauffeur to wealthy Chicagoans, was "the strongest man I know."

Johnson, 59, retired this month after nearly 23 years as a lawyer with the Colorado State Public Defender's office, representing in court those accused of crimes.

The Colorado Criminal Defense Bar recently awarded Johnson its 2007 Alvin Lichtenstein Life Achievement Award for his "remarkable accomplishments."

And now, Johnson is about to write a book: "Strength for the Journey."

"A large part of it is about my life, the kinds of things that have helped me," Johnson says.

Much of who Johnson is revolves around his religious beliefs, his work in other countries with the Cure d'Ars Catholic Church - a predominantly African-American parish in northeast Denver - and his faith in his fellow man.

His philosophy is simple: "Life is worth preserving and fighting for. There is a blessing in every storm. You might not see it right away. But it is there."

Johnson went to Catholic schools and was president of the Black Students Union at the University of Redlands in California the day the Rev. Martin Luther King Jr. was assassinated.

He later became executive director of the Tennessee Commission for Human Development, the state's human rights commission.

When Johnson left that job to go to the University of Denver School of Law, he had every intention of becoming a labor lawyer. But a young adjunct professor at DU, Larry Pozner, helped him change his mind.

"I remember sitting in the front row and he (Pozner) was just running back and forth, just talking at the top of his lungs ... about how he was going to teach us to be defense lawyers - and if you wanted to be a prosecutor, you were probably in the wrong class," Johnson recalls with a chuckle.

read the entire article...

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'Good News, Bad News'

2007-05-28T07:23:00.000-06:00

From Ruth at Of a Public Defender's Life:

How about the good news first? The good news is that last week, the Court of Appeals reversed and remanded my client's felony DWI conviction. They agreed with me that yes, the State must subpoena the lab technician who tested my client's blood to testify in person, regardless of the inconvenience of making him drive half-way across the state. The bad news is that the case is unpublished, and therefore, we will probably have to appeal several similar cases before the judges all get the point. Also, my client will probably opt to keep the conviction, rather than go to trial, as he has now served all his time and probation. (He got a pretty good plea deal). The good news is that it gives one a pretty good feeling to say, "I told you so," to a judge who is so convinced all my clients are guilty, and who likes to by-pass all "technicalities" of the constitution in order to efficiently convict them.

read the entire post...

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'Two For Two'

2007-05-28T07:19:00.001-06:00

From the public defender blog Gideon's Guardians:

My client's sister and I were discussing the cost/benefit of trial/plea (with client's permission, of course) when she asked me of I was a public defender or a lawyer - I told her "both."

A little while later, Janet overheard her speaking to their mom, giving a decent account of me, noting:
"He's good, mama, he's a public defender and a lawyer!"

read the entire post...

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New PD Blog Posts

2007-05-28T07:14:00.000-06:00

New posts on public defender blogs since Saturday morning:

Arbitrary and Capricious

Blind Insight

Capital Defense Weekly

Of a Public Defender's Life

a public defender

A Public Defender's Life in Alaska

Rabid Sanity

The Rural Bus Route

The Saucy Vixen on Life

Scoplaw

The Suburban Ecstasies

Swan Lake Samba Girl

What Life Is

Ninth Circuit Federal Defender Blog

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PD Set To Retire

2007-05-28T07:04:00.000-06:00

From The Charlotte (North Carolina) Observer:

For more than two decades, Isabel Day has fought for the underdog. She has defended some of Charlotte's most high-profile criminals.

But now Day, 57, is calling it quits at the end of June as Mecklenburg's public defender.

Three Charlotte lawyers are vying to replace her. Assistant Public Defenders Kevin Tully and Tonja Damon Brooks and defense lawyer Aaron Michel have applied for the post.

"For years, it's been my dream and my husband's dream to live on a boat on the coast," Day said. "We got a boat a few years ago. We decided if we were going to live on a boat, now is the time."

Even so, it was a tough decision. "I feel like I'm walking away from some very important work that still needs to be done and leaving it for someone else to do.

"I love my job," Day said. "It's been a dream job. It's been a passion for me to make sure people without the means and resources to defend themselves get good representation. That's why I'm here."

read the entire article...

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'Defender Dilemma'

2007-05-27T06:48:00.000-06:00

From The Corvallis (Oregon) Gazette-Times:

A hard-working but lowly paid resident of Oregon who is accused of a crime may have a hard time getting a competent attorney.

If that person qualifies for food stamps, he would likely qualify for a court-appointed attorney. But for anyone with even a slightly higher income, the state uses a Privately Hired Attorney Fee Schedule to determine if a defendant qualifies for court-appointed counsel; that schedule varies widely from county to county and hasn’t been updated since 1991.

For example, the state estimates that a person accused of aggravated murder in Benton County would need $25,000 to hire an attorney. The estimate is the same in most other counties in the state, including Multnomah.

If the state determines the defendant can afford $25,000, he would be denied a court-appointed attorney.

But some private attorneys scoff at that figure as representative of what counsel would actually cost.

“I can’t imagine it would be less than $100,000,” said Wayne Mackeson of Portland.

The fee schedule arose from research done 16 years ago, according to Kathryn Aylward, director of the Contract & Business Services Division in the Oregon Office of Public Defense Services.

“We took a survey of local attorneys and asked, ‘What would you charge for these kinds of cases?’” Aylward said.

They got a range of fees and settled on 25 percent higher than the lowest fee given for each type of case to create the fee schedule.

For a manslaughter case, the state estimates it would cost $5,000 to hire a private attorney in Benton County. Ensor said he had just defended a client in such a case.

“That’s ridiculous,” he said. “Most local attorneys aren’t going to accept a manslaughter case without a $10,000 retainer.”

And to defend the whole case would likely cost at least $20,000, he said. If the case went to trial it would cost much more because of the need to hire expert witnesses.

The U.S. Constitution doesn’t guarantee the right to the best-available defense, Ensor said, only the right to a competent defense.

But, “You can’t tell me anybody is going to be able to hire a competent attorney (for $5,000),” Ensor said.

read the entire article...

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'Farewell To Arms'

2007-05-26T18:08:00.000-06:00

From Do Not Pass Geaux:

My tour of duty in New Orleans [as a public defender] has come to an end. I have mixed emotions about leaving. I thoroughly enjoyed the work, as frustrating as it proved to be much of the time. It was a sincere pleasure to help those who needed help navigating a system that it not always friendly, much less fair. Above all, I mostly enjoyed working with a number of people who are dedicated, passionate, and smart professionals. I do not always agree with some of them (mostly my opponents, but sometimes my colleagues), but I am convinced that we all share common goals even if we can't agree on the best approaches. I just wish I could stay to continue the mission.

In some sense, of course, it is a relief to leave behind the chaos and daily exercise in senseless brutality on the streets of my beloved city. After six months in the trenches, it is time to return to my regular life and take time to reflect from a safe distance. But I know, as Hemingway's protagonist observed, there is no finish to war.

I wonder whether it's a love affair with the local culture -- the food, music, art, people -- that allows locals seemingly to ignore the aura of despair -- violence, poverty, decay. Is there such inevitability, whether the nemesis be a hurricane or a stray bullet, that everyone just prefers to immerse themselves deeply in their affections. Is there no escape, only indifference and diversion?

No, I think there is more. There is meaning in the daily struggle, and there is work to be done. Take inspiration in the perseverance of the people who strive to make New Orleans, or anywhere, a better place. And do not take the place for granted. Its unique culture is precisely what makes it worth fighting for.

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Wrongly Convicted Man Wins Ruling

2007-05-26T07:42:00.000-06:00

From public defender blogger Fight 'Em 'Til We Can't:

A federal judge has recommended denial of a motion by Yellowstone County to dismiss it from a lawsuit filed by a former Billings man who spent 15 years in prison for a rape that DNA evidence later showed he did not commit. [Billings Gazette article]

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New PD Blog Posts

2007-05-26T07:35:00.000-06:00

New posts on public defender blogs since Friday morning:

audacity

Blind Insight

Cook County Public Defenders

Fight 'Em 'Til We Can't

Of a Public Defender's Life

The Rural Bus Route

The Saucy Vixen on Life

Scoplaw

The Suburban Ecstasies

What Life Is

Woman in Black

Woman of the Law

The Wretched of the Earth

Fifth Circuit Federal Defender Blog

Ninth Circuit Federal Defender Blog

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New PD Blog Posts

2007-05-25T06:57:00.001-06:00

New public defender blog posts since Thursday morning:

Arbitrary and Capricious

audacity

Capital Defense Weekly

Injustice Anywhere…

The Misadventures of the Crimson Bear

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New PD Blog Posts

2007-05-24T06:42:00.000-06:00

New posts on public defender blogs since Wednesday morning:

Accident Prone

Arbitrary and Capricious

audacity

Capital Defense Weekly

Cook County Public Defenders

The Wretched of the Earth

Defense Newsletter Blog

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Former Public Defender Sues County, Executive

2007-05-24T06:32:00.000-06:00

From The Santa Maria (California) Times:

Santa Barbara County's former public defender claims in a Superior Court lawsuit that he was subjected to harassment, intimidation, profanity and spitting by County Executive Officer Michael Brown - and that county supervisors turned deaf ears to his urgent pleas for more attorneys and resources to represent his office's poor, mostly minority clients.

Many of the string of allegations contained in James Egar's 51-page lawsuit, filed Friday in Santa Barbara, echo accusations he made in a confidential letter hand-delivered to Brown and county supervisors on July 12, 2006.

Egar abruptly quit on July 14, with just two days' notice, after about six years as public defender. He had already landed a new job as public defender of Monterey County, along with an annual salary increase of up to $20,000, according to news reports at the time.

In a newspaper interview days after Egar quit, Brown denied all the allegations made in the public defender's letter, calling them “false and malicious.” Brown could not be reached Wednesday, and calls to him for comment on Egar's lawsuit were referred to William Boyer, the county's communication director.

read the entire article...

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