By: Steve Grumm

Greetings, dear readers.  We’ll get to the news bulletin after we deal with the make-it-or-break-it contest tonight between the Glorious Philadelphia Phillies Baseball Franchise and the nefarious Cardinals of St. Louis.  I’m not prone to hyperbole, but this is Luke against Darth, Holmes against Moriarty, and Chief Brody against Jaws all rolled into one.  Turns out I am prone to hyperbole.  Game 5 takes place this evening.  I trust that all of our regular readers (all four of you) will don Phillies regalia and wave the rally towels in a show of solidarity with your author.  Go Phils!

What’s new in the public interest world this week?  The towering announcement, of course, came right from us, when we congratulated the law-student winner of the 2011 PSLawNet Pro Bono Publico Award.  Also this week: a protracted union battle involving LA County prosecutors; an NY judge ponders an AmeriCorps-like program for recent law grads to represent indigent clients; a Civil Gideon in the Badger State(?); funding cuts threaten prosecutors and defenders in The OC; defenders in Riverside County are faring a little better; Montana’s new(ish) indigent defense program is searching for a new head honcho; and a look at the need for legal services among the increasing numbers of poor people in New York.

• 10.7.11 – a development in a nasty, ongoing battle between unionized Los Angeles County prosecutors and the local district attorney.  From the Contra Costa Times: “The union representing Los Angeles County prosecutors took a big round this week in its battle with District Attorney Steve Cooley, with a tentative settlement granting it a permanent injunction and $575,000 in penalties. The deal calls for the county to pay $125,000 to the Association for Deputy District Attorneys and $450,000 to Deputy District Attorney Marc Debbaudt, who had alleged retaliation for his union activities. The settlement, still subject to Board of Supervisors’ approval, also made permanent a temporary court injunction ordering Cooley to refrain from harassing or intimidating ADDA members based on their union membership. Cooley and the ADDA have been at odds since the union was formed three years ago, resulting in numerous administrative and legal battles.”  I am a friend of organized labor. But, man, a union full of lawyers can’t be easy to deal with.

• 10.5.11 – an AmeriCorps-like program for recently graduated civil legal services attorneys(?).  The Albany Times-Union reports that one New York jurist is thinking outside the box about how to narrow a widening justice gap in light of large numbers of un- or underemployed law grads.  Judge Michael Coccoma offered, “…'[W]hen I hear that an increasing number of recent law school students are unable to find jobs, I ask myself, why can’t we develop funding streams and programs which would provide an opportunity for these attorneys, who are eager to put their skills to work in a public-service program, providing legal services for the poor?’.  Coccoma suggested that in exchange for a two- or three-year commitment in that type of program, the new lawyers could receive a reduction in their student loan. He compared it to AmeriCorps programs which enables college graduates entering health care fields to get assistance with their tuition.”  My reaction to such a proposal is mixed. 

• 10.5.11 – the cheeseheads ponder a civil Gideon.  From the State Bar of Wisconsin: “The Wisconsin Supreme Court held a public hearing on a rules petition that would create a right to publicly funded counsel for indigent litigants in certain civil cases.  The court took no immediate action following the public hearing yesterday (Oct. 4), but may take the petition up again on Oct. 17 at a previously scheduled open administrative conference.  The concept advanced by the petition…would provide that in certain civil actions, an indigent litigant would have an attorney appointed at public expense when needed to protect the litigant’s rights to ‘basic human needs, including sustenance, shelter, clothing, heat, medical care, safety and child custody and placement.’ The petition was filed in September 2010 by attorney John F. Ebbott, the executive director of Legal Action of Wisconsin (LAW). Ebbott presented the petition to the court at the public hearing, supported by many other professionals in the legal aid community. 

• 10.5.11 – in California, funding cuts threaten Orange County prosecutors and public defenders.  The Voice of Orange County reports that the district attorney (along with the sheriff) pressed the county board of supervisors not to go through with cuts.  A day before the Orange County Register covered the impact of cuts on the public defense program: “The County of Orange will be forced to pay for private attorneys to represent indigent defendants after the Board of Supervisors agreed to make $29.5 million in emergency budget cuts Tuesday, including laying off seven public defenders. The public defender says the cuts will cripple its ability to perform its constitutionally mandated duties.”   

• 10.4.11 – the Riverside County PD’s office is faring better than its OC counterpart.  As we noted in the Bulletin a couple of weeks ago, the Riverside County public defender’s office was trying to get legislators to cancel a 5% budget cut.  Success!  From the Valley News:  “Riverside County Public Defender Gary Windom’s request for an additional $1.4 million to close a gap in his budget and keep current positions filled was approved today by the Board of Supervisors.  Without comment, the board voted 4-0 … to make the appropriation, without which an investigator position and 18 clerical and technical jobs would have been in jeopardy. In June, Windom told the board that a 5 percent cut in general fund appropriations for the Office of the Public Defender would strain the agency’s resources and lead to delays in moving cases through the courts.”

• 10.3.11 – help wanted in the Treasure State!  Montana is running a nationwide search for a new chief public defender.  From the Billings Gazette: “The four-year-old system provides legal representation to people accused of crimes who can’t afford attorneys. Its first chief, Randi Hood, resigned four weeks ago, saying she wanted to leave her administrative post and continue work in the courtroom as a public defender. Montana overhauled its system for defending the poor in court in response to a lawsuit by the ACLU, which alleged that the old system run by the counties provided unequal treatment for indigent defendants across the state. The system has a $23 million budget this year and about 200 full-time positions. Its headquarters are in Butte.”

• 9.30.11 – a short WNYC article highlights the need to bolster funding for legal services funding at a time when more and more New Yorkers are eligible for, and in need of, legal services.  It references chief judge Jonathan Lippman’s present and past efforts to shore up funding in hard times.  (The article botches a statement about how, on the federal level, Senate and House appropriations committees have both recommended 2 budget cuts to the Legal Services Corporation.  In fact the House committee wants to axe 26% of LSC’s congressional funding.)