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.
“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
Read More“Heaton and his co-authors compared holistic representation – wherein an interdisciplinary team that includes a lawyer working alongside other advocates such as a social worker, housing advocate, investigator, etc. addresses the wider needs of the client enmeshed in the criminal justice system – to the more traditional public defense model focused around criminal attorneys and criminal case advocacy. They found that the holistic approach reduced the likelihood of a prison sentence by 16 percent, and actual prison sentence length by 24 percent.“
Penn Law
November 12, 2018
Read More“The wait list for capital defense representation has been growing for a year and a half, since the state legislature diverted $3 million from the board’s $8.5 million capital defense fund to local public defender offices, a move Dixon describes as ‘basically rearranging the deck chairs on the Titanic.’ Currently seven people facing the death penalty are in jail indefinitely because they can’t afford a lawyer—a situation that Bunton calls the ‘worst kind of limbo’ for defendants, as well as victims’ families.“
The Appeal
October 29, 2018
Read More“According to a report compiled for the Council’s Committee on the Justice System, the body that presided over the hearing, an attorney with three years of experience or more can be hired by the Administrative Trial Unit at the Department of Education with an annual salary of $85,000. A job for someone with the same experience at Legal Aid or the Manhattan DA would pay $20,200 and $16,000 less, respectively. Those disparities only increase as lawyers gain experience.“
City Limits
October 29, 2018
Read More“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
Read More“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
Read More“This is the difference between justice for the masses and justice for the few. I’m not upset at how well Mr. Trump’s friends and colleagues have been treated. After all, the Constitution worked for them. I just want that same treatment for my clients.“
New York Times
September 19, 2018
Read More“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
Read More“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
Read More"The Tennessee case revolves around what any prosecutor in the state, local or federal, should do with evidence that could prove a defendant’s innocence. The U.S. Supreme Court has ruled in the famous Brady v. Maryland and other decisions that district attorneys are duty-bound to disclose this evidence only when it’s “material” to a case — in other words, when it would probably change the outcome. The Justice Department believes that guidepost is enough."
The Marshall Project
August 13, 2018
Read More"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
Read More"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
Read More"This civil legal system “crisis”, as advocates call it, has sent states scrambling for solutions. Washington has taken the unusual approach of creating an entirely new legal position, one that can help clients with straightforward legal problems for a fraction of the cost. The new “legal technicians”, the first of whom were licensed in 2015, go beyond a paralegal and don’t need a lawyer’s oversight to offer legal advice."
The Marshall Project
July 18, 2018
Read More"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
Read More"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
Read More"All of this creates a system that extracts guilty pleas (and ever-increasing court fines and fees) from thousands of people each year. Some judges "warn" defendants that asking for an attorney will cause additional delays in case processing. Others promise "better" plea deals for defendants who agree to plead guilty at their first court appearances."
Dallas News
June 29, 2018
Read More"As a result of new cases not going to attorneys, dozens of defendants charged with felony crimes this week will not have a chance to speak to a court-appointed attorney – some for up to seven days while behind bars, something defense attorneys say is the worst-case scenario for clients."
The Spokesman-Review
June 29, 2018
Read More"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
Read More"As the five District Attorney’s Offices in New York City are set to give their entry-level prosecutors a pay bump with the help of millions in increased spending by the city government, the Legal Aid Society, which is contracted by the city for its services, says it’s time to boost public defenders’ paychecks."
New York Law Journal
June 29, 2018
Read More"The chronically underfunded Missouri public defender system has been straining to keep up with growing caseloads. The Missouri Supreme Court’s decision last year to suspend a veteran public defender who had been handling a large caseload and was hospitalized due to chronic health problems only exacerbated the problem."
KCUR Kansas City
June 27, 2018
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