March 17, 2023 at 3:49 pm
· Filed under Public Interest Law News Bulletin
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hello, interested public! The ongoing staffing shortage of public defenders across the United States continues to be a major story, but other important news has broken in the past week as well. As always, these stories and more are in the links below.
Take care of one another,
Sam
Editor’s Choice(s)
Student Loans & Student Debt
Immigration & Refugee Issues
Non-Profit & Government Management & Hiring
Access to Justice – Civil & Economic
In Washington DC, “[t]he Legal Services Corporation is asking for $1.5 billion from Congress in its fiscal year 2024 budget request, more than double its appropriation for 2023. LSC, which supports legal aid agencies across the country, including Indiana Legal Services, said in a press release the request addresses a projected increase in demand for civil legal services due to the impact of COVID-19 on low-income Americans, as well as the ongoing lack of resources to address the ‘widening justice gap.’ ”
In Cleveland OH, the Executive Director of The Legal Aid Society of Cleveland wrote that “the firm Stout Risius Ross released an independent evaluation of Right to Counsel in Cleveland, providing proof that preventing eviction contributes to a healthy community. The study highlights that, because of the Right to Counsel, we are identifying and responding to poor housing conditions; responding to an eviction crisis that disproportionately impacts Black female heads of household; leveraging critical community interventions; and increasing access to justice. ” (Independent evaluation available here .)
In Nevada, a lawsuit is proceeding to the state Supreme Court that argues “[civil forfeiture] violates constitutional protections against double jeopardy by punishing defendants twice for the same crime[.] ”
In Montreal QC, “the Honourable David Lametti, Minister of Justice and Attorney General of Canada, accompanied by Na'kuset, Executive Director of the Native Women's Shelter of Montreal (NWSM), announced support to improve access to justice for Indigenous families [via funding for NWSM’s Family Care Legal Clinic] .”
Access to Justice – Criminal
In Idaho, “[a] bill that creates a structure for transferring responsibility of public defenders to the state has passed the Idaho House of Representatives. ”
In Carroll County MD, “Carroll County State’s Attorney Haven Shoemaker says his difficulty in hiring and retaining employees is because of the low salaries he can offer them. ”
In Scott County IA, “[a]ll local private attorneys may be assigned to represent indigent clients as soon as Friday, whether they like it or not. In a letter sent to the Scott County Bar Association late this week, Seventh District Judge Henry Latham said the court will begin assigning private attorneys in Scott County to defend people who cannot afford an attorney as soon as March 17. ”
In Indiana, “[a state] Senate committee voted to advance House Bill 1605…with the aim to help attract and retain talent [for public defenders’ offices]. ”
In Madison County IN, “the County Council deadlocked on American Rescue Plan funding for two requests by the prosecutor’s office but approved a request from the public defender’s office. ”
In Wisconsin, “Fond du Lac DA Eric Toney sa[id] prosecutor [and] public defender pay increases could make it in budget after talks with GOP[.] ”
In Ohio, “[c]ounties around the state…stand to see increased costs for public defense cases due to a possible reduction in the amount reimbursed by the state. ”
In Florida, “[p]ublic defender offices across Florida and the country are plagued with challenges like low pay, high caseloads, and a growing number of vacancies that seem harder to fill. ”
In Oregon, “[n]ew legal action filed [] over Oregon's beleaguered public defense system calls on the Marion County court to let overwhelmed public defenders withdraw from their cases and to dismiss those cases where no attorney is available. ”
In Pennsylvania, “[t]he governor’s proposed budget may provide a boost to a bill working its way through the Senate that would fund public defender offices and bring the state into compliance with constitutional mandates. ”
In Georgia, “some people accuse the Georgia Public Defender Standards Council, which runs the system, of spending too much time and money on indigent people…[after a] technical glitch in state law left the council with a shortfall of about $10 million in the state budget…The Georgia Legislature is debating whether to approve a request for $9.5 million to keep the public defender system operating until July, the start of the next fiscal year. ”
In Walton County GA, “the County Board of Commissioners [received reports of] a ‘critical staffing’ shortage in the public defender’s office. ”
In Texas, “a two-tiered system of justice enshrined in the Texas Criminal Code is putting some of the poorest rural Texans at a disadvantage after an arrest. While indigent residents — those who can’t afford an attorney — of counties with more than 250,000 people must be provided with a court-appointed lawyer within one day of requesting counsel, the wait for rural Texans could stretch up to five days. ”
In Hollywood CA, “ABC has assembled the lead cast opposite Anthony Anderson of ABC’s single camera comedy pilot Public Defenders. In it, up to their earholes in student loan debt, four inexperienced public defenders work tirelessly to keep their clients out of jail. Along the way, they have to rely on one another to navigate their first defendants, the absurd court system and the copy machine that always jams. ”
Criminal Justice Reform and Counter-Reform
In New York NY, “several law professors have urged the Manhattan federal court [that] the public should have the right to access the ultimate resolution by New York’s attorney grievance committee of complaints alleging prosecutorial misconduct. ”
In Virginia, “[p]rogressive Commonwealth Attorney Steve Descano shared the results of a recent poll that—contrary to what his critics claim—reveals ‘94 percent of residents in Northern Virginia feel safe in their neighborhoods.’ ”
In Orlando FL, “prosecutor Monique Worrell is not giving up the fight against Florida Governor Ron DeSantis' scheme to remove her from office, The Daily Beast reports. During a press conference held to provide updates on the status of charges in a recent shooting which left two people dead and one injured, per The Daily Beast, Worrell said DeSantis is specifically targeting her ‘because she's a Democrat.’ ”
In Olympia WA, “Daniel Landsman, Deputy Director of the criminal justice reform organization Families Against Mandatory Minimums, criticized the use of juvenile adjudications this week following the passing of a Washington state bill changing juvenile sentencing policy. The bill, passed by the Washington House of Representatives, ends the use of juvenile adjudications as a means to automatically enhance a person’s sentence as they enter the adult criminal system, though judges could still consider juvenile history in adult sentences. ”
In Seattle WA, “[t]he Seattle City Attorney's Office announced a 50% reduction in Seattle's case backlog over the course of 2022…The city attorney credited several key factors with the decline. The report noted that staffers meticulously weeded out certain cases that would not have been prosecutable[.] ”
Also in Seattle WA, “[a] public defender with a healthy skepticism of the police and justice system wants to be a voice for voters tired of disorder and crime in District 3’s neighborhoods. Bobby Goodwin tells CHS he also wants to bring his lived experience with mental illness into the race for the district’s seat on the Seattle City Council. ”
Permalink
