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Galsworthy Criminal Justice Reform Program

Public Defenders

Defendants on the lower end of the socio-economic scale find themselves at the mercy of public defenders who are swamped with cases, understaffed, and underfunded. Research shows that even before mass incarceration accelerated in the 1980s, overburdened systems of indigent defense struggled to meet the 6th Amendment constitutional mandate. Public defenders usually have the deck stacked against them due to discovery laws favoring prosecutors and lack of sufficient resources.

Posts in Public Defenders

Despite Common Belief, Floridians Can't Always Get a Free Public Defender

“Prosecutors said they were dropping Rodriguez's felony charge and one of his misdemeanors. They were no longer seeking to jail him for the other misdemeanor count. And thanks to a quirk in Florida law, Judge Hague said Rodriguez was no longer entitled to a public defender. According to a little-known state statute, criminal defendants who aren't facing jail time have no right to a state-appointed lawyer in court. With no attorney to fight on his behalf, Rodriguez was convicted and forced to pay $358 in court fees. The criminal conviction went on his permanent record.“

Miami New Times

October 28, 2019

Public DefendersPhillip ReevesOctober 28, 2019Miami New Times, FloridaComment

A Fair Fight

“At the heart of defender resource disparity is the chronic underfunding of indigent defense — a phenomenon that is widespread and well-documented. But fixing the problem will require more than simply increasing funding, and the question demands thinking broadly about the many issues that drive it. This report identifies five key challenges that contribute to defender resource disparity:“

Brennan Center for Justice

September 9, 2019

Improving Representation, Public DefendersPhillip ReevesSeptember 9, 2019Brennan Center for JusticeComment

Opinion: When a Police Officer Kills, Let Public Defenders Investigate

“If mayors, police chiefs and legislatures are serious about instilling real faith in these communities, they should hand over full control of investigations to the one group of lawyers used to treating the police in an adversarial fashion, all of them experts in police rules and procedures: public defenders. Unlike prosecutors, who often work hand-in-hand with the police to make a case for conviction, defenders are used to questioning the stories police officers tell.“

New York Times

July 29, 2019

Public DefendersPhillip ReevesJuly 29, 2019New York Times, Police MisconductComment

Why conservatives need to work harder to improve public defense

“Conservatives’ willingness to cede to liberal groups the movement to remedy the plight of public defenders is, to say the least, perplexing. From individual rights philosophy to budgetary prudence, public safety to small government, the aims of conservatism and a vigorous defense of the Sixth Amendment nestle together like peas in a pod.“

Washington Examiner

January 30, 2019

Public DefendersPhillip ReevesJanuary 30, 2019Washington Examiner, ConservatismComment

Can Public Defenders be Reformers?

“Using the opportunity created when people are receiving representation to assist them to address and resolve underlying problems is what outstanding defense work is often about—keeping in mind the important ethical issues that must accompany this advanced practice. Looked at in this light, a more holistic defense opens a window into the inadequacies of systems designed to serve people at risk.“

The Crime Report

January 14, 2019

Public DefendersPhillip ReevesJanuary 14, 2019The Crime ReportComment

How Defense Lawyers Break Attorney-Client Privilege to Defend Ineffective Assistance of Counsel Claims

“These dynamics are spelled out in a recent article published by Prosecutorial Accountability, a nonprofit that serves as a watchdog for prosecutors and against prosecutorial misconduct. Titled “NV: Prosecutors Should Not Induce Defense Attorneys to Break Ethical Rules,” the article unpacks ways defense lawyers sometimes broker these deals with prosecutors in Nevada. A main reason they do so, the article says, is to fend off appeals based on claims made by their own clients, post-conviction, that they received ineffective assistance of counsel.“

Criminal Legal News

December 30, 2018

Public DefendersPhillip ReevesDecember 30, 2018Criminal Legal News, NevadaComment

Public Defenders Are Part of the Solution

“Over a 10-year period, representation by the Bronx Defenders saved our clients 1.1 million days in jail. The study shows that public defenders are a powerful weapon in the fight against mass incarceration. If we work together, we will be able to deliver the new set of rights that Mr. Mill calls for. “

New York Times

December 7, 2018

Public DefendersPhillip ReevesDecember 7, 2018New York Times, Bronx DefendersComment

Legendary Tampa criminal defense attorney Barry Cohen dies at 79

“The accused and the wronged beat a path to Barry Cohen’s door. The tenacious, canny criminal defense attorney took on pharmaceutical giants and law enforcement agencies. When judges and attorneys needed representation, they often reached out to him. And when the odds seemed stacked against his clients, he would fight their case outside the courtroom, too.“

Tampa Bay Times

September 22, 2018

Public DefendersPhillip ReevesSeptember 27, 2018Tampa Bay Times, FloridaComment

Keeping Women Out of Jail, One Mother at a Time

“But Linda was one of the lucky ones. She ended up spending just eight days in jail. With the help of Still She Rises, a mother-focused law firm in Tulsa, she was able to convince the judge to give her a second chance. Since being released in January, she has completed a 60-day rehabilitation program and is doing community service in lieu of paying the court fines. She even has plans to start a prison ministry to help women behind bars.“

Vera Institute of Justice

September 21, 2018

Public DefendersPhillip ReevesSeptember 26, 2018Vera Institute, Oklahoma, Still She RisesComment

Public defenders say New York's new policy to reduce marijuana arrests doesn't go far enough

“By arresting people for marijuana if they have a record, by arresting people for marijuana if they happen to be on parole—those people, more often than not, are going to be people of color who only live in certain neighborhoods. Because those are the people who are targeted. Those are the people who are arrested, not because they commit more crime but because they are overpoliced.“

The Appeal

September 17, 2018

Public DefendersPhillip ReevesSeptember 18, 2018The Appeal, New York, MarijuanaComment

Early Representation = Limiting Detention

“The importance of early counsel has been demonstrated repeatedly. Studies shows that people who receive legal representation at bail hearings spend less time in jail, are more likely to be released on recognizance, and when money bond is set, to have lower amounts. Researchers have attributed these outcomes to both the attorneys’ enhanced ability to argue for release as well as their ability to act as liaisons to pretrial services and release programs.“

Pretrial Justice Institute

September 5, 2018

Public DefendersPhillip ReevesSeptember 5, 2018Pretrial Justice InstituteComment

Editorial | Stephen Bush's innovative, steadfast public defense

"For the past 27 years as a public defender, and for the past eight years as chief public defender, Bush has been the conscience of the criminal justice system in Shelby County, and a leading voice and force for justice nationwide."

Memphis Commercial Appeal

August 6, 2018

Public DefendersAnthony BradleyAugust 14, 2018Memphis Commercial Appeal, Memphis, Shelby County

A Court Decision in California Threatens to Erode the Constitutional Right to a Lawyer

"The public defender’s office sought to have a lawyer appointed to represent her interests before the appellate panel. The court refused, claiming Lopez didn’t have a right to counsel. If she had been convicted and sentenced to jail on the charge, she would have had counsel appointed to handle her first appeal. But here, the court said, since Lopez wasn’t yet jailed for any crime, she was not entitled to appellate representation."

The Intercept

July 20, 2018

Public DefendersAnthony BradleyJuly 30, 2018The Intercept, California, Right to an Attorney

Morehouse to Host National Public Defender Training Program

"The Summer Training Institute was developed to support public defenders at various career levels. New lawyers, supervisors, chief defenders, trainers and law students considering careers in public defense will learn strategies and tactics to improve delivery of public defense services in their areas and decrease burnout and high turnover rates common in the profession."

Atlanta Daily Report

July 11, 2018

Public DefendersAnthony BradleyJuly 30, 2018Atlanta Daily Report, Morehouse College

New Rates For Counsel Representing Indigent Defendants And Families

"For the first time in over 20 years, the Tennessee Supreme Court has ordered an increase in the amount paid to lawyers representing indigent parties in criminal and child welfare cases. This rate increase, a 25 percent hike in the hourly rate paid to lawyers for out-of-court work, was funded by a $9.7 million appropriation by the General Assembly and signed by Governor Bill Haslam. "

The Chattanoogan

July 2, 2018

Public Defenders, Lack of FundingAnthony BradleyJuly 30, 2018The Chattanoogan, Tennessee, Chattanooga

Greenville County gets a new lead public defender after a quarter-century. He has his hands full

"Last year, the public defender office handled about 5,000 cases. The office that started out with just a couple of lawyers has grown. More people charged with crimes who are unable to afford private attorneys are coming to the office to seek legal help."

Greenville News

June 29, 2018

Public DefendersAnthony BradleyJuly 30, 2018Greenville News

Protect the right to counsel: stop recording attorney-client calls | Opinion

"Court Watch NOLA revealed in May that all calls made from prisoners in the jail in Orleans Parish to their attorneys' cell phones are recorded. These recordings have then been turned over to District Attorney Leon Cannizzaro's office, which has used these conversations as evidence in prosecutions."

New Orleans Times-Picayune

June 23, 2018

Public DefendersAnthony BradleyJuly 30, 2018New Orleans Times Picayune, New Orleans, Phone Calls

“We Don’t Know Because They Won’t Tell Us”

"What it’s like to be a federal public defender on the Texas border right now."

Slate

June 20, 2018

Public DefendersAnthony BradleyJuly 30, 2018Slate, Texas, Immigration

Public Defenders Win Constitutional Challenge to Mental Incompetency Detention

"The Georgia Supreme Court ruled in two separate cases Monday that it’s unconstitutional for the government to detain defendants declared mentally incompetent to stand trial while evaluating whether they can be restored to competency."

Atlanta Daily Report

June 19, 2018

Public DefendersAnthony BradleyJuly 30, 2018Atlanta Daily Report, Mental Health

With new courthouse, prosecutor offices coming, public defenders still looking for place to go

“I know the community isn’t necessarily concerned about our plight,” DeWeese said. “But for the sake of functionality of the court, you’d think judges and the prosecutors office would be concerned.”

West Hawaii Today

June 18, 2018

Lack of Funding, Public DefendersAnthony BradleyJuly 30, 2018West Hawaii Today