Criminal Law

KS: for juvies, "adult penalties, adult due process"

Posted on June 23, 2008
From the Kansas City Star: Juveniles entitled to jury trials, Kansas court saysIn a decision affecting every juvenile criminal case in Kansas, the state Supreme Court has guaranteed juvenile defendants the right to a trial before a jury. The court ruled Friday that young defendants should be afforded the protections of a jury because the distinctions between juvenile and adult justice have eroded over the past 20 years as lawmakers cracked down on juvenile crime...

WA: 2 murders, $2 million

Posted on June 23, 2008
From the Yakima Herald-Republic:YH-R files public records lawsuit against Yakima CountyThe Yakima Herald-Republic on Friday sued Yakima County for records of how more than $2 million was spent by attorneys acting as public defenders for two men charged with a pair of 2005 murders...

UT: old but good

Posted on June 20, 2008
From the Salt Lake Tribune:Legal Defenders chief Hill to retireThe longtime leader of the Salt Lake Legal Defenders Association, John Hill, announced his retirement Tuesday after more than three decades of criminal defense. "Well... I'm old," he explained with a chuckle, noting that he likely will split his retirement between homes in St...

Deer hunting with Beezus

Posted on June 20, 2008
In a persnickety post a while back, I linked to an article on class by Joe Bageant, a wise man from Winchester, Virginia, who lived for a time in North Idaho (Plummer and Moscow). Today Statcounter told me that I may have had a distinguished visitor:I hope that it was him...

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Kid wisdom: "I know what lawyers do now"

Posted on June 18, 2008
At Nachiket's Corner, Nachiket Deshpande's daughter Tanu has great insight for one so young:There is a very big tall tree, on top of that there is a jail. There is a police monkey who takes lawyers up the tree and puts them in the jail. The lawyers can't climb down the tree so they can never get out!

MI: "Michigan is muting Gideon's trumpet"

Posted on June 18, 2008
From the State Bar of Michigan: Evaluation of Trial-Level Indigent Defense Systems in Michigan - A Race to the Bottom - Speed & Savings Over Due Process - A Constitutional Crisis The National Legal Aid & Defender Association (NLADA) finds that the state of Michigan fails to provide competent representation to those who cannot afford counsel in its criminal courts...

The omen

Posted on June 18, 2008
Spent the morning learning new case management software instead of where I should have been, representing my clients in court. This new system should be helpful, but more helpful for whom I'm not sure. Compare the way the vendor speaks to public defenders:(T)o most people, the public defender is better known as the defender of the underprivileged...

Bluejacket-style defense lawyering vs. Gitmo

Posted on June 18, 2008
Profile in courage from the New York Times:An Unlikely Antagonist in the Detainees? CornerWhen he speaks publicly, Lt. Cmdr. William C. Kuebler, a military lawyer for a Guantánamo detainee, is careful to say his remarks do not reflect the views of the Pentagon...

I can has fair trial?

Posted on June 16, 2008
From two photo sites: one I haven't heard of before - Pundit Kitchen... ...and one that everyone's heard of.

The air up there - turbulence ahead

Posted on June 14, 2008
"(A)fter a week of working at the federal public defender's office," Duoly Noted reports onThe Emotional Toll of Being a Public DefenderHere with a reply is Jeremy Irons: "You have no idea..."

Back to school days

Posted on June 13, 2008
In juvy court today, the court commissioner (a one-time school teacher) quizzed my detention-bound client:Q: "What's your plan for academic success?"A: "Stop dicking around?"

UT: caseload outpaces pop. growth in Provo

Posted on June 12, 2008
Workload increasing at public defender's officeAs Utah County has grown, so has the number of people who rely on its public defenders. But despite recent staff increases, the public defender's office says it may need more attorneys soon... (T)he number of felony cases filed by the county attorney's office, and hence the number of cases assigned to public defenders, saw an annual increase of 9...

OR: white-out

Posted on June 11, 2008
On the way back from Twin, and stuck for the night in Oregon. On account of snow. In June.I wish I was on the highway back to Olympia.

But I was nowhere near Cleveland!

Posted on June 11, 2008
Now and then, P.D. sightings turn up in unexpected blog places. From the Cleveland Sandwich Board:...a man in a short-sleeve shirt and tie who looked haggard. I imagined his life as a tired, spent public defender who made his living defending petty criminals and getting beaten up by the prosecutors...

And may perpetual light shine upon her

Posted on June 09, 2008
In Twin Falls for the funeral of my mother-in-law, Mary Walker. Posts resume in a few days.

"P.D. intern, there's an attorney who'd like to speak to you"

Posted on June 08, 2008
Petition for Review ended up having a good day at work:Public Defender Intern - 1, Private Counsel with a coke problem - 0Today was insane. I had to push people out of the way to get in and out of the courtroom. While I'm talking with other clients License Boy and his parents somehow start talking to a private attorney...

ID: Boisean off the Guantánamo express

Posted on June 08, 2008
There's a special place in heaven reserved for David Nevin. From the Idaho Statesman:Boise lawyer critical of 'show trial' at Gitmo - David Nevin says Bush officials are rushing the proceedings for the 9/11 suspects and want a conviction at any costBoise lawyer David Nevin said Friday that a military court's decision to let the alleged mastermind of the Sept...

ID: prosecuting scoundrel cops a plea and keeps his job

Posted on June 08, 2008
Elected prosecuting attorney Criss James started the week with seven felony counts of misusing public money against himself. He ended it with one misdemeanor conviction, plus, he gets to finish out his term. More on Eastern Idaho justice, with video, from these fine news sources: KIDK: Caribou County Prosecuting Attorney Pleads Guilty KIFI: Caribou County Prosecutor Sentenced After Taking Plea Deal KPVI: Criss James Talks About Plea Deal

MN: chopping block

Posted on June 06, 2008
So it begins. From Minnesota Lawyer Blog:Public defenders cut 53 more jobsThe State Board of Public Defense voted on June 5 to cut the public defender work force by 15 percent across the state to meet its $3.8 million budget deficit... The board?s action means the loss of 69 full time equivalent public defenders at the District Court level, out of a total of 441 positions, and three appellate lawyers...

FL: pinchy in P'cola

Posted on June 06, 2008
The Florida p.d. crisis has spread to Lower Alabama, from the Pensacola News-Journal:Public defenders feeling the pinchThe Public Defender?s Office in Pensacola may begin turning away hundreds of poor clients who qualify for its services saying the office is understaffed, underfunded and overwhelmed with cases...

FL: "this can get much bigger, very quickly"

Posted on June 04, 2008
Some blogs are tracking Miami's gathering caseload clouds... From the Miami Herald:Attorneys for Dade's poor vow to spurn most felony cases - Underfunded and overwhelmed with cases, the Miami-Dade Public Defender's office plans to refuse certain cases...

Suiting up for the first day of work

Posted on June 04, 2008
Congratulations to Emily, who has a new public defender job:i start on monday. i have no idea what i'm going to wear.Any wardrobe suggestions for new p.d.'s? You know, clothes to go with pink hair, dreadlocks or tattoos.

ID: IF seeks new p.d.

Posted on June 04, 2008
In Idaho Falls, Neal Randall's out; we'll know on Friday who's in, from KPVI:Bonneville County Searching for New Chief Public DefenderWhat might you look for in a new chief p.d.?"Somebody with good administrative qualities, somebody with the right temperament, you know, because you are dealing with public; you have to have somebody that can deal with people in a crisis situation, be sensitive to that and somebody that can provide adequate attorney services, you know, a good attorney...

CT: superior p.d.'s

Posted on June 02, 2008
Gideon's right: this is a great story. From TheDay.com:A Century Of Courtroom Experience Defending Poor Clients - New London's veteran public defenders have just about seen and dealt with it allChoice excerpt:?If you have issues with your self-worth or self-confidence, you're going to find it very difficult to prosper in a field of work where you're going to be continually misunderstood,? says (Peter E...

MN: the layoffs are coming

Posted on June 01, 2008
From In-Forum News: Clay lawyer cuts comingConfronted with a potential $4.7 million deficit, the Minnesota Board of Public Defense will turn to layoffs to help balance its budget. As a result, dozens of public defenders will lose their jobs, or leave voluntarily by opting for incentive packages...

KY: short-change DPA now, pay later

Posted on May 30, 2008
Seems to be a lot of legislative false economizing going on nationwide. From Kentucky.com: Chief public defender takes case to judges - asks state to pay for private lawyers for defendants The state's chief public defender is asking judges to order the state...

WA: Grant County - the saga continues

Posted on May 30, 2008
The Ephrata / Soap Lake / Moses Lake p.d. crisis has gone away, but the lawsuit that fixed it hasn't. From the Columbia Basin Herald:ACLU mulls appeal in Grant County public defender settlement - Judge ruled in Grant County's favorA Seattle attorney representing the ACLU said it hasn't been decided if a recent ruling made in Grant County's favor will be appealed...

AK: "most of the people I contact aren't big readers"

Posted on May 29, 2008
One cool public defender investigator, from Oregonlive.com: Alaska's mystery manJohn Straley works as an investigator for the Alaska public defender's office, interviewing witnesses, gathering and analyzing evidence, finding experts. It's challenging work that introduces him to people who have no idea that he's written seven novels and is Alaska's state writer laureate...

Deputy public defender monkey

Posted on May 28, 2008
A travelling sock monkey on Minnesota's p. d. crisis:Monkey and I both agreed that the state needed to add more public defenders. Monkey also felt that there should be an attorneys lounge with bananas...

CA: juvenile justice "a mix of hope, heartbreak"

Posted on May 27, 2008
A series on teenagers in the system, from the Long Beach Press-Telegram:Kids and Crime: Inside Juvenile JusticeToday in Long Beach, an estimated 13 children will be arrested or ticketed for breaking the law. That's about 93 a week, 399 a month and an astonishing 4,858 a year...

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