Public Defender Revolution: nuisance

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Friday, February 5, 2010

The Attractive Nuisance Defense

Posted by carol d at Friday, February 05, 2010 0 comments so far--add yours!

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PD RESOURCES, REPORTS AND STANDARDS

ABA Eight Guidelines of Public Defense Related to Excessive Workloads (ABA 2009)
ABA Formal Opinion 06-441 (Ethical Obligations of Lawyers who Represent Indigent Criminal Defendants When Excessive Caseloads Interfere with Competent and Diligent Representation) (ABA 2006)
ABA Ten Principles of a Public Defense Delivery System (ABA 2002)
American Council of Chief Defenders Ethics Opinion 03-01 Regarding the Duty of Chief Defenders to Refuse Excess Caseloads
American Council of Chief Defenders Statement on Caseloads and Workloads (NLADA 2007)
Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel (Report of the National Right to Counsel Committee, 2009)
Minor Crimes, Massive Waste: The Terrible Toll of America's Broken Misdemeanor Courts (NACDL 2009)
Restraining Excessive Defender Caseloads: The ABA Ethics Committee Requires Action, Lefstein and Vagenas, The Champion (December 2006)
WDA Standards for Indigent Defense (2007)

PUBLIC DEFENDER BILL OF RIGHTS (a work in progress, please submit suggestions)

1. The right to an office that is independent from the control of the court, governmental funding source, prosecutors, and police.
2. The right to equal treatment with the private bar by the government, court, press and public.
3. The right to meaningful, weighted caseload standards
4. The right to an independent enforcement mechanism for these standards
5. The right to parity in pay and resources with the prosecutor's office.
6. The right to an office with real walls.
7. The right to refuse to conduct a trial for which I am not yet prepared.
8. The right to judges who can understand the law.
9. The right to judges who understand my role in the system.
10. The right to a boss who will back me up.

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I refuse to allow you, Beadle though you are, to turn me off the grass. Lock up your libraries if you like; but there is no gate, no lock, no bolt, that you can set upon the freedom of my mind.

Virginia Woolf, A Room of One's Own

ETHICS CLAIMER

We here at PDR are aware of our ethical duties to our clients and to the court. The purpose of this blog is to promote public-defender reform and public-defender unity. By necessity, some judges and institutions will be criticized, in an effort to expose a valid problem. While some stories may seem personal or incidental, they are all offered as example, allegory, or metaphor to highlight a need for reform in the criminal justice system.

Stories involving clients are "truthy"--that is, they are usually built around one historical happening, but then names, appearances, and other facts are changed to make the particular client unidentifiable. Other anecdotes are "truthy" as well; the stories I tell are representative in order to make a point, rather than to portray historic accuracy. If a more recent case is discussed, facts are relegated to ones in public records; or, if personal details from a client are revealed, the representation is concluded and we have obtained a signed waiver.

We are careful, not stupid, and not afraid.

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