A Publication On Public Defense
Keeping up on our constitutional obligations…
If you’re accused of a felony and you can’t pay for your own attorney, you have a constitutional right to a public defender. The quality of representation you receive varies wildly depending on where you live.
Public defenders in New York City, for example, average a little less than 150 felony cases a year. In areas around St. Louis Missouri, caseloads can exceed 600 annually. Your zip code can determine whether your lawyer has an hour to work on your case, or a couple of minutes.
I’ve heard dozens of accounts of someone being accused of a serious crime, yet only having 60 seconds to speak with their attorney before facing a judge. They don’t even have a chance to know what’s going on. These moments of dysfunction become folklore in communities around the country. The moral of story, “get a real lawyer”.
I’ve lost count of how many times I’ve heard this line, it hurts me every time. After speaking with public defenders in 10 different states, and I can’t overstate how dedicated and talented these people are. They also happen to be hopelessly overworked. And their offices, hopelessly underfunded.
A Publication That Reflects The Indigent Defense Community
The indigent defense community is made up of public defenders, their defendants, academics and social innovators. For the past three months, I’ve interviewed nearly 40 people in these categories in order to find the best way to fill gaps in information.
Public Defenders
Heather Hall, Development and Engagement Director of the National Association of Public Defenders, said it best:
“There’s an image of someone with a Chinese-food stained tie in a dingy office with papers strewn everywhere, but it’s just not the case. You’d be surprised when they see how sharp and ambitious some of people these are”.
I’ve been guilty of thinking of this image at one point, and it’s offensively wrong, with the exception of a few counties- and I’ll get to that in a bit.
It is true that most lawyers in indigent defense wash out. It’s hard work for little pay. But if I had to list the qualities of a veteran a Public Defender, I would say: serious, smart and someone who roots for the underdog.
This publication will highlight the inspirational people in the indigent defense community. I recommend everyone check out the podcast Lavender, Liberty and Lemonade. It’s run by a public defender in Central Florida who offers you an idea of the dedication behind this line of work.
Their Defendants
Since the 1961 case of Gideon vs. Wainwright, access to a public defender has been deemed a constitutional right. Yet adequate legal counsel is denied to indigent defendants in counties around the country.
Public sympathy for the accused has improved since the 1980s, but their rights are still on the political back burner even in progressive states. Especially when it comes to funding their defense.
That said, there is no reason why advocates of police reform shouldn’t be interested in public defense. The challenges and possible solutions just need to presented clearly. This requires starting with the human toll behind underfunded public defense- the defendants.
Academics & Innovators
With little political support, and almost no funding, it is surprising how much work is going into improving public defense.
Janet Moore from the University of Cincinnati continues to build a client satisfaction survey to gauge the communication and effectiveness of public defender offices around the country.
“Client-rights information forms and client satisfaction surveys are good megaphones for amplifying client voice — not only in particular cases but also in the broader fight to improve indigent defense systems.”
Andy Davies, Director of the Office of Indigent Legal Services of New York, is helping develop Moore’s survey while leading one of the largest reform efforts in the the history of New York State. The Hurrell-Harring lawsuit has catalyzed the statehouse of New York to take a larger role in indigent defense spending- something that I’ll be covering here.
Silicon Valley Debug is an organization that pioneered the concept of “participatory defense,” which helps family members engage in their loved ones’ case. A network of community activists teach family members which questions to ask their public defender, and how to communicate the important aspects of a case in a concise and clear way.
The Value and Sustainability of In Public Defense
The viability of a publication that serves the indigent defense community depends on value of content. There are plenty of journals that report on important reforms and updates in the US legal system. The value of In The Public Defense is it connects indigent defense community.
With so much on the line, it shouldn’t take an ACLU lawsuit against a cash-strapped county to get the attention of reporters, or a change in the law. If an academic has a an idea to improve public defenders, they should have a medium to receive feedback. If a public defender office is struggling to stay above water, employees should have a way to seek help outside of lobbying for more money. In the end, I want to step aside as a traditional reporter and allow In The Public Defense to become a forum where members can share their challenges, possible solutions and personal story.
Starting Point
Besides a lack of funding, the biggest challenge facing the indigent defense community is a lack of national standards. States, and most often counties, are left with the responsibility of offering indigent defense. As a result, there is no uniformity from one public defender office to another.
In The Public Defense will start by producing content that reflects the fact that small underfunded governments are saddled with a massive constitutional responsibility. Some counties are so overstressed that they don’t even catalog how many cases their lawyers receive. It’s in these counties where you sometimes see the Chinese-food stained ties and dimly lit offices that were mentioned earlier.
No one knows for certain how much money is spent on indigent defense nationwide. The federal government is completely removed from this world until a case makes its way to the Supreme Court.
The first stories will focus on this lack of federal oversight and the fact that there is a black hole of data concerning indigent defense.
Who Cares?
The main challenge will be building readership. Indigent Defense is an incredibly complicated issue that only affects the poor. But I think focusing on human toll, the lack of federal oversight and positive impact it could have on incarceration rates, will help build broad interest for In The Public Defense.
Before the 2016 election, criminal justice reform was considered a bipartisan issue. Several states throughout the United States, under Democrat and Republican leaders, have made it a priority to reduce how the prison population. For conservative leaders, the impetus for reform is typically the financial cost of incarceration.
Texas, for example, was faced with a bill of $523 million to construct new prisons in 2007 before the state began to implement a new approach to fighting crime. The Justice Reinvestment Initiative curbed the use of prison as means to rehabilitate non-violent offenders. The move not only saved taxpayers money, it also correlated with a fall in crime rates in Texas. Secretary Rick Perry, who approved the legislation when governor, rightfully considers this one of his major accomplishments of his tenure.
I believe that there are American Conservatives who will be interested in indigent defense reporting. The tone of the writing will be crucial in growing this segment of my readership. Language centered around social justice will be mitigated in favor of discussion of the constitution.
