Arbitrary and Capricious

Hiatus

2009-07-31T23:59:00.000-07:00

The blog is five years old now. It's had a few good years, and a few years of gentle steady decline. It's given me a place to post about representation, depression, transitions, and a few odd obsessions (and post about the kid, dogs and cats). It's made me some excellent new friends and brought me into contact with some quite remarkable lawyers, investigators, law professors and others (if I skipped a link, look for yourself in the blogroll). And now it's time, arbitrarily, capriciously, to give the blog a rest. There were so few public defender blogs back in 2004; it's great to think how many followed, and how many there will be to come. This site will stay up, and maybe it even will be relaunched. Until then, happy trials to you, 'til we meet again.

- "Skelly"

Happy Trails - Roy Rogers

"From Time Out to Hard Time"

2009-07-28T22:25:00.000-07:00

From the New York Times:

12 and in Prison

The editorial was prompted by the release of “From Time Out to Hard Time: Young Children in the Adult Criminal Justice System” by Michele Deitch of the LBJ School at the University of Texas (homeland of Grits for Breakfast).

The whole report is here (pdf file). If you care about what can happen to children 12 and younger in the system, it's highly recommended.

WA: the war at home

2009-07-26T23:28:00.000-07:00

From the Olympian:

A second chance for vets - New Program: County Veterans Court helps those in trouble with PTSD

Thurston County Veterans Court offers a second chance to current and retired service members who commit crimes while struggling with war-related psychological wounds, notably PTSD and traumatic brain injuries... The aim is to identify and treat veterans before they get in deeper trouble with the law...

"Trial it is then"

2009-07-19T23:47:00.000-07:00

Brother PD Scoplaw speaks a weary truth:

Denial, Perspective, Jail House Lawyering

I'm not talking about innocence or guilt - I'm talking about the pratical realities of what's going to happen in a court of law...

CA: don't push me 'cause I'm close to the edge

2009-07-19T23:27:00.000-07:00

From the Ventura County Star:

Public Defender's Office close to edge - Any death penalty cases will trigger need for more help, says Dammeyer

I just liked the message in the headline, I guess.

Hope for community corrections

2009-07-15T22:26:00.000-07:00

In this month's Washington Monthly:

Jail Break - How smarter parole and probation can cut the nation’s incarceration rate

If we want to end the era of mass incarceration and replace it with a regime of less punishment and less crime, drug testing is only one of the ways to apply the central lesson of HOPE ("Hawaii’s Opportunity Probation with Enforcement"): that clearly communicated threats of swift, certain punishment really can change behavior, even when the punishment is modest. By thinking creatively, we could transform the entire range of community-based punishments into effective alternatives to incarceration. That would have a profound impact on offenders’ lives, on the number of people behind bars, and on the crime rate...

The book is When Brute Force Fails: How to Have Less Crime and Less Punishment, by Mark Kleiman.

Via The Second Road, "where life intersects with recovery."

CA: East Bay "resident elocutionist" retires

2009-07-10T22:16:00.000-07:00

From the Contra Costa Times:

Contra Costa public defender retires after 35-year career speaking for indigent defendants

In his 10 years as Contra Costa County's top public defender, David Coleman ruffled the feathers of more than a few prosecutors, yet they say they'll miss him... Coleman... will retire July 31 after 35 years with the Office of the Public Defender, leaving behind a legacy that stretches beyond becoming California's first African-American public defender when he was appointed by county supervisors in 1999...

Kid-centered, client-centered

2009-07-07T18:34:00.000-07:00

Here's a link to the National Juvenile Defender Center's new publication, Role of Juvenile Defense Counsel in Delinquency Court (pdf file), in case you ever find yourself in the role of juvenile defense counsel in delinquency court.

Methland = USA

2009-07-05T21:29:00.000-07:00

Oelwein, Iowa, described in Methland: The Death and Life of an American Small Town by Nick Reding, gets the Manhattan condescension treatment via New York Times book review:

The madness stalking tiny, defenseless Oelwein may eventually come for all of us...

Methamphetamine already has come for "us," Princeton boy. It's in Iowa and it's everywhere, even in places that matter to regular New York Times readers. Reding first picked up the trail in Idaho. From the Los Angeles Times review:

Journalist Nick Reding stumbled into Gooding, Idaho, in 1999, to report a magazine story about ranching... It was there that Reding first encountered crystal methamphetamine, and he didn't just see it in one place. It was everywhere... (A)s the meth epidemic exploded across small-town America... (a) book took root in his mind...

The book is excerpted here and here. Also reviewed in the Seattle Times and the Boston Globe. Remember, as the Washington Post review says:

(B)ig-city ignorance - fueled by the media - toward small-town decay is both dangerous and appalling.

Via Think Outside the Cage and The Real Costs of Prison Weblog

40-some years in 20-some songs

2009-07-02T22:10:00.000-07:00

Artifacts excavated in response to this meme:

Down In The Boondocks - Billy Joe Royal: the earliest pop song I can remember. Loved the word "boondocks" - had no idea what it meant.

Mr. Tambourine Man - Bob Dylan / The Byrds (tie): with an older brother and four older sisters, songs like this, "Puff The Magic Dragon," and "I'm Henry the Eighth, I Am" were my nursery rhymes.

Sgt. Pepper's Lonely Hearts Club Band - The Beatles: apart from a vague recall of The Ed Sullivan Show and Gemini launches, my first memory of a big cultural event, as my sisters went to the Grand Central on State Street to buy this album the day it came out.

Mr. Big Stuff - Jean Knight: "The VCR the DVD, there wasn't none of that crap back in 1970." AM radio was wondrous when I was my son's age. I loved my family's radios, Radio Shack stereo, record players, player piano, reel-to-reel tape recorder. Years later I was delighted to hear Everclear sample this song.

Baba O'Riley - The Who / Wasteland - The Jam (tie): of course later I morphed into an alienated and angst-ridden underachiever who took himself way too seriously (the term "emo kid" had yet to be invented).

Blitzkreig Bop - The Ramones: I snuck into a bar to see them senior year of high school. What an unexpected place to find such a gust of fresh air.

Don't Worry About The Government - Talking Heads: happy college days, looking forward to a proud future in public service (this was just before Morning in America).

The Walls Came Down - The Call: "They all stood there laughing... They're not laughing anymore!" I galumphed around my dorm room to this on the morning of graduation.

Independence - Gang of Four: "It's enough, but less than I imagined." Post-college days, soundtrack to ramen dinners.

Gulf Coast Highway - Nanci Griffith: studying for the bar, a true friend sent me mixtapes which (along with "The Days and Nights of Molly Dodd") got me through.

Free Nelson Mandela - Special AKA: Great song still captures my shared basement office with the Mandela picture, and a good era for watching walls (and The Wall) start to come down.

Runaway Train - Soul Asylum: I reacted to a request for a marriage proposal by high-tailing it to the Baltics. I swear Margi paid every radio station in Rīga to play this song non-stop to bring me back to my senses (and her). It worked.

About A Girl / All Apologies - Nirvana (tie): another gust of something fresh, this one Olympia-scented. I drove around singing along with the Unplugged CD on the morning of my wedding, the first and only, to the aforementioned Margi.

If I Were Brave - Shawn Colvin: "Would I be saved if I were brave and had a baby?"

Lord Protect My Child - Bob Dylan: the answer to the previous question, for my wife and me - "Yes."

Into The Fire - Bruce Springsteen: September 11, 2001, my Brooklyn-born mother-in-law called us to turn on the TV immediately... "May your strength give us strength, may your faith give us faith, may your hope give us hope, may your love give us love."

Ne Klepeći Nanulama - Nedžad Salković: less than four months later, January 2002, sadness and selfishness, noble and ignoble motives found me thousands of miles from my wife and toddler volunteering in an ethnically cleansed city in Bosnia. I came back. Bosnia stayed in me.

Twin Falls - Built To Spill: My wife the TF native hates this song. She also hates when I preface warm feelings for the town where I started my little family with, "As much as I hate Twin..."

Olympia, WA - Rancid / NOFX (tie): For the first time in decades, I don't wish I was on the highway to anywhere else.

"Experienced lawyers lead the way"

2009-06-30T22:25:00.000-07:00

From Metropolitan Corporate Counsel, an interview with Jean Berman, executive director of the International Senior Lawyers Project:

We've done a number of projects involving assisting criminal defense lawyers for the poor. In Eastern Europe we sent lawyers to Bulgaria, Lithuania, Mongolia and Ukraine to help set up the first public defender offices there. We also work with an organization called International Bridges to Justice ("IBJ"), which trains defense lawyers in China. We sent a career public defender from Minnesota to work with IBJ for three months in the fall of 2008 to help train lawyers working in the juvenile justice system...

I'm rapidly approaching senior status myself. Fortunately, I'm very immature for my age.

WA: new chief PD in Port Orchard

2009-06-29T22:54:00.000-07:00

From the Kitsap Sun:

Kitsap Hires New Top Public Defender

Kitsap County has hired a Wenatchee attorney to head its division of public defense... Clarke W. Tibbits, 41, currently a partner in a private practice, has worked as a criminal defense attorney in district and superior courts, as well as for private and indigent clients...

Update 7/7/09: A Conversation with Kitsap’s new Top Public Defender

ID: Monday's judgment day for Canyon Co indigent defense

2009-06-27T22:15:00.000-07:00

From Nampa / Caldwell's Idaho Press-Tribune:

Commissioners will pick Canyon public defender

Canyon County commissioners will deliberate for the purpose of appointing a public defender Monday morning. They will choose from Virginia Bond, Mark Mimura, Scott Fouser and Chad Gulstrom...

Update 06/29/09: it's Mark Mimura.

Joe is 90 today

2009-06-26T19:56:00.001-07:00

Happy birthday to my father.

VA & ID: volunteering for DP a "fatal attraction"

2009-06-24T22:07:00.000-07:00

From the Charlottesville Daily Progress, June 21:

Death request raises ethical, legal questions

Somewhere in the Charlottesville Office of the Commonwealth’s Attorney sits a plea agreement that could lead to the execution of a city man accused of killing an 11-year-old boy. One of Waverly “Eddie” Whitlock’s defense attorney has said in court that his client wants to sign the agreement, which would request the death penalty as punishment for a capital murder conviction...

The act of volunteering for the death penalty, although uncommon, has raised legal, ethical and moral issues for others involved in capital cases... Following a client’s wishes can be more difficult if he wants to die.

August “Gus” Cahill, the chief deputy of the Ada County Public Defender’s Office in Idaho, represented death penalty volunteer Keith Eugene Wells in the early 1990s. Wells, who was killed by lethal injection in 1994 at age 31, was the first and only person to be executed in Idaho since the death penalty was reinstated in 1976...

After a judge sentenced Wells to death, Cahill said the case was reviewed and affirmed by the Idaho Supreme Court. Once the post-conviction process began, Cahill said Wells asked to drop any further appeals and fired the lawyers appointed after his sentencing. “He wasn’t suicidal,” Cahill said. “He didn’t want to be dead so much as go through a process that he thought would ultimately be fruitless...”

But see the Charlottesville Daily Progress, June 25:

Defender files motion to quit Whitlock capital murder case

A Richmond-based capital defender may no longer represent a Charlottesville man accused of killing an 11-year-old boy last summer.

Defense attorney David Baugh filed a motion late last week in Charlottesville Circuit Court to withdraw himself and the Office of the Capital Defender as counsel for Waverly “Eddie” Whitlock.

“In support of the motion for leave to withdraw, counsel would assert that there has arisen a conflict of interest between the defendant and his defense attorneys which ethically compels withdrawal,” the motion said...

Joe is 10 today

2009-06-23T17:47:00.000-07:00

Happy Birthday, son.

WA: client in court makes a run for it - what would you do?

2009-06-18T21:49:00.000-07:00

From the Spokesman-Review:

Municipal court brawl leads to arrest

A brawl that began when a man tried fleeing a courtroom this morning ended with the man, a deputy and three attorneys falling onto a bench of bystanders, according to the Spokane County Sheriff’s Office.

Micah W. Hasselstrom, 34, ran when Spokane Municipal Court Judge Tracy Staab ordered him jailed with increased bail after he said he didn’t plan on appearing in court again, a news release said.

Hasselstrom’s public defender, Tony Tompkins, grabbed his leg to hold him in place as Deputy John Pederson tried handcuffing him, and a struggle ensued... Public defenders Francis Adewale and Andy Hess joined the struggle, and the group fell onto the bench, knocking a 68-year-old woman to the floor...

There's a lively discussion taking place in the Washington criminal defense bar over the lawyers' actions in essentially effecting an arrest, roughly dividing into "respect the client - let him be free to make his own mistakes" and "protect the client - let him be free at least from a new felony escape charge." Myself, I think I'd go hands-off, but not having been in a moment like that, I'm hard-pressed to second-guess.

ID: north side teens in attempted murder trouble

2009-06-18T18:43:00.000-07:00

From the Twin Falls Times-News:

Shoshone murder plot: Two boys remain jailed for safety

Two Shoshone boys arrested last week in an alleged plot to kill a businessman and a police officer will stay in jail... after lawyers and family pleaded for their release... 16-year-old Michael Cannon, and Blue Hadden, 15, must stay in jail for both their safety and that of the community...

Hadden is charged as a juvenile with accessory to commit a felony, solicitation to commit first-degree murder and grand theft. Cannon, however, is accused as an adult and charged with attempted murder with a firearm enhancement and solicitation of murder...

AZ: "these people annoy me"

2009-06-16T22:37:00.000-07:00

The Sloth Bear has been a p. d. for just a little while, but has developed some distinct likes and dislikes in clients:

Categorizing Infuriants

If you ever find yourself speaking with a public defender, try not to be any of these people...

WA: in Grant County, we can work it out

2009-06-15T23:26:00.000-07:00

And now your Channeled Scablands update, from the Columbia Basin Herald:

ACLU approves public defenders

EPHRATA — Grant County received approval for their public defense department from a monitor overseeing the county efforts to improve their legal services after the 2005 settlement agreement with the American Civil Liberty Union (ACLU)...

Oh, that fickle ACLU!

All this, and a baby moose!

2009-06-14T22:13:00.000-07:00

It's public defender intern season. Here's a report from Alaska, from Justin of Baylor Law School:

Aside from the legal community, Alaska is a great place to intern because of the numerous opportunities for outdoor activity here... It’s not unusual to see a moose or two on your way to work, and sometimes they even come right up to the office.

Eternal rest, Willie

2009-06-11T23:02:00.000-07:00

A client of mine suicided Tuesday night. Willie was a gifted, funny teenager, a natural leader and an artful dodger. Other kids liked him, probation officers liked him. I loved going to bat for him after the times when he'd screw up, and he'd light up like July 4 when things broke our way in court. I liked him, and hated what he liked. Somehow I hoped that if he never grew out of the thug life, at least he could live in a straight-edge way. Stupid me. Stupid kid. Beloved kid.

Willie dodged and stayed out of JRA a good long time. When he did go away, that wasn't what broke him. He lived too bold and too larger-than-life for the system to break him. Whatever his demon, he struggled against it off and on, sometimes winning, often not, until finally he stopped.

Willie turned 18 just a few months ago. I miss him tonight.

Links go to "To Write Love On Her Arms" MySpace and Youth Suicide Prevention Program

HI: "you can't subject the Constitution to budget cuts"

2009-06-07T21:12:00.000-07:00

When it comes to cuts, things are no different in the islands; from the Maui News:

Furloughs leave defendants in a bind - Public defender office closures affecting courtroom schedules

The Office of the Public Defender, which includes a dozen attorneys on Maui, will be shut down three Fridays each month to comply with state worker furloughs required by Gov. Linda Lingle. The closures, scheduled to begin July 1, have affected some courtroom schedules on Maui and Molokai and have raised concerns about representation...

"They have the right to counsel. We have to adhere to the Constitution," said Jim Rouse, one of eight deputy public defenders assigned to... Maui County felony cases. "You can't, just because of budget constraints, eliminate fundamental rights guaranteed to all Americans..."

"It's not like anybody's getting rich being a public defender. You're a public defender because you're idealistic, you believe in the Constitution, you believe people are entitled to help. You do it with passion. You do it with vigor. Now they're telling us you have to do it 14 percent less of the time..."

Individual P.D.'s offices are no different either, it seems. Like the coat rack? Any bets those aren't client go-to-court clothes?

Thanks, ACLU! Thanks, AP!

2009-06-03T20:01:00.000-07:00

Feeling the love in the Washington Post:

Nationwide, public defender offices are in crisis

"If you can't afford an attorney, and you fall into the criminal justice system, you are really, really screwed," said (paralegal) Demetrius Thomas of the New York American Civil Liberties Union...

ID: Kolestani - "I murdered Ehsan"

2009-06-01T23:34:00.000-07:00

From the Times-News:

Refugee from Iran admits to murder

(Nastaran /) Majid Kolestani fought to wear women's clothes during a murder trial, but in the end, won't dress for it at all. The 42-year-old transgender Iranian refugee who identifies as a woman pleaded guilty on Monday in Twin Falls 5th District Court to first-degree murder in a plea agreement that will likely send Kolestani to prison for 18 years to life...

"The fact that I went to Goodwin Procter doesn't mean I'm not passionate about doing this type of work"

2009-06-01T22:31:00.000-07:00

..but it's a pretty good hint. From Law.com:

Are Public Interest Lawyers Getting Crowded Out by Deferred Associates? - One recent law grad looking for public interest work notes, 'We don't come with a $70,000-plus salary with benefits intact. Psychologically, it's hard to deal with that reality.'

Sending incoming associates into temporary public-interest jobs - with a healthy stipend to cover their costs of living - is intended to be a fiscally smart and compassionate way for law firms to handle an overabundance of young attorneys...

But some recent law school graduates who have spent years preparing for public-interest careers worry that law firms are hurting their job prospects by flooding the already competitive public-interest job market...

ID: "Idaho can make up any law they want when it comes to the alleged attack on a 5 year-old"

2009-05-31T13:09:00.000-07:00

From the Idaho Press-Tribune:

Jury trial set for boy accused of assaulting 5-year-old girl in Nampa

Judge Thomas Ryan... set an August jury trial date for a 15-year-old Nampa boy accused of sexually assaulting and beating a 5-year-old girl... (Trevor) Reizenstein will be tried as an adult... The Idaho Supreme Court ruled in a 4-1 decision last month that the boy be tried as an adult...

Reizenstein was 12 years old at the time the girl was attacked.

Update: Scott at Simple Justice hasn't lost his sense of outrage. I'm relieved that I'm not raising my son in my home state.

Atticus Finch, meet Harvey Birdman

2009-05-28T22:32:00.000-07:00

John Moe at Monkey Disaster explains in, "A Conversation with Charlie (age 8) About Literature."

ID: "he's a child, and I know that I am not the only one out here that's heart is breaking for him"

2009-05-28T22:17:00.000-07:00

Chuck Peterson at Idaho Criminal Defense Blog is following the case of Zachary Neagle, a Canyon County 14-year-old accused of killing his father:

Community Support Grows For 14 Year-Old Kid Charged With Murder - Now He Needs A Good Experienced Lawyer

Support Grows For 14 Year Old Kid Charged With Murder

Channel 7 Interview With Zachary Neagle's Mom - Says She Had No Idea of Sexual Abuse

Bujak Blinked - Said The "M" Word - "Manslaughter"

CA: Yolo's cool old hippie retires

2009-05-20T21:26:00.000-07:00

From the Sacramento Bee:

Yolo County loses best-known employee among exodus of early retirees

Barry Melton knows his days as a young rock icon, when he took the stage at Woodstock with a tousle of blond curls, are long past... But at 61, Melton – the Yolo County public defender who became famous as "The Fish" in the Vietnam-era band Country Joe and the Fish – leaves at the top of his game as a lawyer.

He said he decided to retire next month partly to save jobs in his office as Yolo County struggles with a historic budget crisis. "It's either that," Melton said, "or put some young attorney in the unemployment line..."

Such a cool guy.

ID: Lake Overturn, 83651

2009-05-18T23:00:00.000-07:00

Could this be the Great Southern Idaho Novel? Here is "Lake Overturn," by Nampa native Vestal McIntyre:

To her surprise, the judge was not an old man with white hair. He was a Mexican, and only perhaps in his early forties. He did, though, wear the kind of reading glasses she expected judges to wear, low on his nose. He had no accent. A judge! thought Wanda. He must be the most powerful Mexican in Idaho...

CA: visiting clients in LA's towers

2009-05-17T21:50:00.000-07:00

From Days and Nights with the Unbored, here's p.d. El Cholestero on jail visiting:

...I've spent more time in jail facilities than most religious people have spent inside of church. I've heard such stories of sadness, anger, desperation, stupidity, recklessness and pure evil. How can I remain unchanged?

A new voice, new to me at least. Going in the blogroll.

WA: in juvy, "poems with power and pain"

2009-05-16T12:10:00.000-07:00

From the Stranger:

Increasing the Vocabulation, Reducing the Distress - A Poetry Program at Juvie

The audience has been quiet until now — they know they'll be sent back to their narrow cells if they aren't polite — but a young man reads a poem that inspires the audience to laugh and cheer and mutter "amen..."

See also the Seattle P-I: Juvenile offenders put it out there with poetry

ID: does wardrobe malfunction averted = justice malfunction avoided?

2009-05-13T20:19:00.000-07:00

From The MountainGoat Report:

Wardrobe Ruling In 'Exotic Case'

Gender identity won't be on trial this June in Twin Falls County but it is difficult for many to believe otherwise.

If you haven't been following the story of Nastaran, or legally Majid, Kolestani, a transgender Iranian refugee accused in the shooting death of the man with whom she shared an apartment in Twin Falls, get caught up here...

Now from the Times-News comes the latest: "Kolestani can dress as woman, judge rules"... That the defense felt it necessary to make such a request says something about the territory in which Twin Falls County finds itself...

ID: wondering if the fix is in for Canyon Co PD

2009-05-09T12:03:00.000-07:00

From the Idaho Press-Tribune:

Committee selected to find new public defender for county

Third District Administrative Judge Juneal Kerrick has appointed a committee of three local attorneys to consider candidates who want to be appointed the next public defender for Canyon County... This panel will review the seven applicants for the public defender post... (T)he Canyon County commissioners, who will make the final selection... The new contract will be effective Aug. 1.

Local attorneys Klaus Wiebe and Scott Fouser hold the position at this time and recently sued the county and the state, accusing the county of shopping for the "bottom" of adequate services for its indigent defendants...

Also interesting to note the number of former long-time prosecutors on the list who've found a new interest in indigent defense.

WA: diversion, you know, for kids

2009-05-08T00:00:00.000-07:00

From the Tacoma News Tribune:

Juveniles: Out of trouble, into better life

Getting into trouble turned out to be a blessing for Kristen Larkin. A prank two years ago landed the Parkland teen in a diversion program run by the Pierce County Juvenile Court. Instead of being prosecuted for two crimes, Larkin, then 16, worked with a group of volunteers to set her life on a better path.

Now, instead of carrying a criminal record, Larkin is set to graduate from the Running Start program at Pierce College and plans to pursue her bachelor’s degree at a four-year university. She credits the diversion program and its community accountability boards with helping to make it happen. “It kind of changed my life,” she said...

Russian emoti-con

2009-05-06T22:47:00.000-07:00

From the Moscow Times:

Honey, I Killed a Cop. I'm Sorry :(

(W)e may never know the degree of sorrow felt by a young Novosibirsk woman over the traffic cop she struck and killed with her car while driving drunk... (T)he text message - complete with emoticon - she sent her boyfriend after killing the officer: "Honey, I killed a cop. I'm sorry :( What should I do?"

Via Slog. Russian-language article and video (for Mark D. and any other Russian speakers out there) here and here.

(where I've been: long trial, spread out over two and a half weeks, four separate judicial days. Guilty on two class A felonies, not guilty on the third, sentencing / disposition pending)

Testifrying

2009-05-03T13:43:00.000-07:00

From the Pittsburgh Post-Gazette:

Sometimes, defendants do the darndest things

Timothy Lee Williams' lawyer, Frank C. Walker II, stood next to him, powerless. He had advised Mr. Williams not to testify, but his client didn't listen.

"All I really wanted to do was express myself," the defendant began, launching into an incoherent diatribe about his life and the circumstances surrounding a Hill District homicide. His testimony Tuesday - during which Mr. Williams, 40, admitted to the killing... - sealed his first-degree murder conviction.

Mr. Williams' testimony also is a classic example of a client who doesn't heed legal advice, say defense attorneys...

Via Fruvous:

I can only imagine his defense lawyer going through all the stages of grief during this little diatribe...

ID: Canyon Co low-bid defense? No

2009-04-30T19:04:00.000-07:00

From Dennis at SCOIDBlog:

Canyon County & State of Idaho Sued Over Public Defender Services

The Canyon County Public Defenders have sued the State and Canyon County. Wiebe and Fouser, P.A. currently holds the public defender contract, but recently the county invoked a 90-day termination provision and then sought bids. The complaint alleges that the County Board of Commissioners stated that it "wanted to find the bottom" on costs for public defender services...

From the Idaho Press - Tribune:

County, state face lawsuit

Is this part of a national trend?

Cutting and gutting indigent defense? Well, yes, it has been. PD's pushing back? I hope so.

( though the author seems to see the nefarious hand of the ACLU behind all this, the article also has links to the Complaint for Declaratory and Injunctive Relief ( pdf files 1, 2, 3 ) and some courthouse gossip )

WA: Grant County gets it in gear

2009-04-23T22:26:00.000-07:00

From the Wenatchee World:

Public defense pilot project posts dramatic results in Grant County

Two years ago, 93 juveniles arrested for crimes in Grant County pleaded guilty at their first court appearance before an attorney was even assigned to them. Last year, only one child did.

Grant County was one of three places in the state chosen for a pilot project last year aimed at providing better defense for indigent and juvenile people who are charged in Washington. The state provided $100,000 to hire an attorney to be present at every juvenile's first court appearance in Grant County.

As a result, not only did those children not plead guilty without knowing all their options, but many of them were able to participate in treatment and counseling programs and received deferred sentences rather than detention for their crimes...

ID: another proud to be from Idaho moment

2009-04-21T21:40:00.000-07:00

From the Idaho State Journal:

Inmate duct taped

The first hint that Nicklas Frasure's hearing was going to be unusual came at the outset when the man attempted to fire his court-appointed counsel. It eventually culminated with the man's mouth bound with duct tape in an attempt to quell his frequent and irrational outbursts...

The attempt to fire the p.d.? Not unusual. The duct tape? Unusual. Cruel and unusual? Who am I to judge? It's Idaho. (regards to court - appointed counsel, a law school classmate of mine)

Babes in Apprendi-land

2009-04-20T21:42:00.000-07:00

Recommended by a listserv I'm on:

Rethinking the Constitutional Criminal Procedure of Juvenile Transfer Hearings: Apprendi, Adult Punishment and Adult Process by Jenny E. Carroll, University of Cincinnati College of Law

This article makes valuable new contributions to the burgeoning scholarly discourse on Apprendi v. New Jersey... It builds on the author's experience as a public defender, during which she pioneered the surprising but straightforward argument that under Apprendi, findings that justify transferring a juvenile to adult court must be proven to a jury beyond a reasonable doubt... Despite Apprendi's readily apparent application, juvenile courts have refused to apply Apprendi to juvenile transfer hearings...

Professor Berman of Sentencing Law and Policy calls it,

"a must-read for not only for those who enjoy trips to Apprendi-land, but also for anyone who follows juvenile justice issues."

Our colleague at Kansas Defenders has made this argument, sadly not 'readily apparent' to the court.

Reclaiming futures, one blog at a time

2009-04-16T21:56:00.000-07:00

By request ( and by professional and personal interest ):

Reclaiming Futures Launches Blog Dedicated to Substance Abuse and Teens in the Juvenile Justice System

Reclaiming Futures Every Day is a professionally-staffed blog that aims to keep people informed of the latest happenings in juvenile justice and substance abuse treatment. Launched by Reclaiming Futures, an initiative of the Robert Wood Johnson Foundation, it can be found at http://blog.reclaimingfutures.org, and is designed to help readers:

* Discuss the national challenge of helping teens break the cycle of drugs, alcohol and crime.
* Comment on new developments in teen alcohol and drug treatment and juvenile justice reform.
* Stay in touch with what's going on in the 23 communities using the proven Reclaiming Futures approach.
* Receive expert opinions and commentary from regular contributors who are leaders in the field...

Added to the blog roll.

DA: "someone must stand with the accused against the might of the state"

2009-04-15T21:09:00.000-07:00

NPR turns its attention to us:

Report Calls Out Flaws In Public Defender System

And the block quote they run with on the web page is from a prosecutor?

“We're not there just to convict. Our job is to find justice. And I need a person standing with the defendant to help me do that.”

Public defenders: necessary if you want a side of justice with that conviction.

The report itself is, "Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel."

MN: p.d. attacked by client doing better

2009-04-14T12:43:00.000-07:00

From the Minneapolis - St. Paul Star-Tribune:

Public defender attacked by client is out of hospital

The client "was about ready to sit in his chair in the courtroom when he suddenly lunged at his own attorney," a Hennepin County sheriff's office spokeswoman said Monday..

WA: cut indigent defense now, pay later

2009-04-14T12:16:00.000-07:00

Local paper recommends county shut the barn door; horses already given pink slips. From the Olympian:

Cuts to public defenders could prove costly

Thurston County commissioners need to be cautious when cutting attorneys from the county Office of Assigned Counsel — the lawyers who represent indigent clients...

Cut too deep or overload the remaining attorneys with too many clients, and the county could end up paying damages.

ID: bad week for Idaho juvies

2009-04-12T21:05:00.000-07:00

Idaho can be hell on kids and teenagers, particularly on those caught up in the system. Two crim law blogs report: - Idaho Criminal Defense Law:

A Tale of Two Teens And Life In Prison - Murder of Parent

Judge Michael McLaughlin sentenced Derek Lewis to life in prison with twenty years "fixed..." At least Lewis will have a chance at release. Such is not the case with Ethan Windhom, who killed his mother when he was 16 and was sentenced to "fixed" life by Judge Cheri Copsey... Is one killing really that much different from the other in these cases?

- and SCOID Blog:

Waiver of Juvenile Must be Considered in Light of Statutory Waiver Criteria

In State v. Doe, the Supreme Court affirms the waiver of an immature 12-year-old with an IQ of 75 into adult court in a case where both the defense expert and juvenile probation department recommend against waiver...

COA Affirms Fixed Life Sentence for Mentally Ill, But Undiagnosed, 16 Year Old

It has been a tough week for kids in the Idaho Courts. A day after the Supreme Court affirmed the waiver of a 12 year old with an IQ of 75 into adult court... the Court of Appeals affirms a fixed life sentence for a 16 year old in a second degree murder case...

Happy Easter

2009-04-12T00:01:00.000-07:00

ID: "while a person's clean and sober we should be helping them with options"

2009-04-11T23:29:00.000-07:00

From the Times-News:

Program progression - Twin Falls County Jail tries treatment to ease crowding

A rare look at the Twin Falls County Jail and a new drug program that will be available for those serving time for drug crimes...

Context is everything

2009-04-09T19:26:00.000-07:00

There are a number of ways to read this UPI headline:

Public defender chosen for porno teacher

Of course I picked the wrong one. My apologies to the former colleague I thought had been chosen to teach this.

Chicago after dark

2009-04-08T20:16:00.000-07:00

From timesonline.co.uk:

Bob Dylan on Barack Obama, Ulysses Grant and American Civil War ghosts - Listen to an exclusive track from Bob Dylan's new album, and read his views on US politics and history, exclusively on Times Online

Bill Flanagan: In that song Chicago After Dark were you thinking about the new President?

Bob Dylan: Not really. It’s more about State Street and the wind off Lake Michigan and how sometimes we know people and we are no longer what we used to be to them. I was trying to go with some old time feeling that I had...

Greetings from Chicago

2009-04-05T18:04:00.000-07:00

Law butcher for the world, city of Andrea Lyon's shoulders, my family and I are enjoying your company.

WA: chop chop

2009-04-03T19:41:00.000-07:00

We made KIRO TV tonight, and not for a good reason:

Huge Impact Possible With Cuts To Thurston County Courts

Four public defenders who handle a total of more than a 1,000 cases a year are on the chopping block - the result will be a caseload increase for the remaining public defenders with potentially serious consequences.

"They're going to get overburdened, they're going to get stressed out and they're not going to give the kind of defense that they should give," said Sally Harrison, director of the Office of Assigned Counsel...

Video here.

That's it, I'm off to vacation (unpaid - thanks, budget cuts!)

Facebook face

2009-04-02T23:33:00.000-07:00

This post from the blog "My day is better than yours" put me in mind of that great p.d. investigator and social network authority, Sancho Villa:

... and do you have a Facebook?

When our office takes a new case, we send our investigator out to the client to... collect the basic info to open up the case - name, address, auto insurance info, and oh yeah, if the client has a Facebook.

(It is worthwhile to point out that when I worked at the Public Defender's office at Juvenile Hall, knowing whether or not our clients there had a Myspace or a Facebook was valuable information to us. Just by looking at their pictures we would find out if our own clients were lying to us...)

Or to their p.o., or to their treatment provider, or to their drug court judge...

"'Bummer, dude' doesn't really cover it, does it?"

2009-04-02T23:19:00.001-07:00

One of my colleagues made quite an impression on Fallout Kid:

The cat that runs the show for Juvenile Law is a nice enough guy... He talked about how he is a Washington State Juvenile Public Defender. He handles a huge f*cking caseload: 100 cases, sometimes 80... (F)or the private practice I work, I sometimes feel like I'm running my ass into the ground with about 60-70 active files. 100? F*ck, that's crazy...

I'll need to check my caseload stats in the morning.

IL: Ed Burnette's swan song

2009-03-31T22:44:00.000-07:00

From Chicago Breaking News Center:

Public defender wins last case over Stroger

During his last day in office today, Cook County Public Defender Edwin Burnette was savoring a legal victory over County Board President Todd Stroger. The victory came in the form of a unanimous ruling from the First District Illinois Appellate Court. It made clear the public defender - and not the board president - has control over hiring, firing and discipline in the public defender's office...

See also Cook County Public Defenders Blog, Burnette Victorious in Suit Against Stroger

(My kind of town. My vacation there starts this Saturday.)

ID: "I was just coming from midnight mass, officer"

2009-03-31T22:15:00.000-07:00

In the hub city of the Magic Valley, good news for would-be midnight ramblers, from the Twin Falls Times-News:

Idaho appellate Court: Wendell curfew no good

The Idaho Court of Appeals said Tuesday that curfew rules in the town of Wendell violate the constitutional rights of kids. In the unanimous ruling, the appellate court agreed with a teenage boy identified only as John Doe, who was ticketed for being out past curfew when he was a passenger in a vehicle stopped by police...

(T)he city rule barring youngsters under 18 from being out between 11 p.m. and 5 a.m. violates the First Amendment because it doesn't allow an exception for free speech activities, like midnight church services or attending late-running city council meetings...

More from SCOIDBlog, Wendell Curfew Ordinance Unconstitutionally Overbroad. The opinion, State v. Doe, is here (pdf file).

Hey, we could use some stimulus over here!

2009-03-29T17:02:00.000-07:00

From the National Legal Aid and Defender Association, all you could want to know about Thursday's Congressional hearing concerning indigent defense:

Hearing on the Representation of Indigent Defendants in Criminal Cases: A Constitutional Crisis in Michigan and Other States?

In a historic move, the U.S. House of Representatives held a hearing on March 26, 2009 to investigate the failure of a state to uphold the right to counsel for those accused of a crime, a right promised by the Sixth Amendment to the U.S. Constitution. The hearing of the House Judiciary Committee’s Sub-Committee on Crime, Terrorism & Homeland Security focused on the serious flaws in Michigan’s public defense system, which include numerous questionable practices, from untrained and overburdened attorneys to slight-of-hand maneuvers to get the accused to unwittingly waive their right to an attorney...

Update: the ACLU blog has more, actually.

PA: evil judge, juvy do-over

2009-03-29T16:52:00.000-07:00

From the New York Times:

Clean Slates for Youths Sentenced Fraudulently

The Supreme Court of Pennsylvania on Thursday ordered the slate cleaned for hundreds of youths who had been sentenced by a corrupt judge.

The young people had been sent to privately run detention centers from 2003 to 2008 as part of a judicial kickback scheme that shocked Pennsylvania and the nation. The judge in the cases, Mark A. Ciavarella Jr. of Luzerne County, is one of two who pleaded guilty last month to wire fraud and conspiracy for taking more than $2.6 million in kickbacks.

The exact number of records to be expunged was not stated in the court’s order (pdf file); a special master is investigating the cases...

Best headline of the recession

2009-03-27T12:05:00.000-07:00

From SF Weekly:

Nation's Public Defenders, Including San Francisco's, to Meet, Discuss Who's Getting Screwed Over the Worst

WA: high school killing - intentional or delusional?

2009-03-26T22:51:00.000-07:00

From the TNT:

Foss High shooter’s fate now up to jury

A jury Thursday began deliberating the first-degree murder case against Douglas S. Chanthabouly, who’s accused of shooting a fellow student to death at Tacoma’s Foss High School two years ago...

Update: guilty of murder in the second degree.

The great recession hits home

2009-03-26T21:38:00.000-07:00

Earlier this week all our support staff were reduced to 3/4 time, at 3/4 the pay. Today lay-offs were announced, effective May 31st, for four dedicated young lawyers in my office. The rest of us will do one week's leave without pay and apply what were our COLA's to our health insurance premiums. If only we worked someplace that provides a service to society, like AIG.

ID: Bull Connor's ghost sighted south of Boise

2009-03-25T00:04:00.000-07:00

From the AP:

Mean dogs stand guard at Idaho prison

Nobody has broken out of the Idaho State Correctional Institution in more than 20 years. Prison officials like to think a hard-bitten corps of sentries with names like Cookie, Bongo and Chi Chi has had something to do with that. The institution is the only state prison in the U.S. to use snarling, snapping sentry dogs to patrol its perimeter...

24 mean dogs — mostly German shepherds, rottweilers and Belgian malinois, with a few boxers and pit bulls — roam the space between the inner and outer chain-link fences 24 hours a day, ferociously defending their territory...

Dogs were once widely used as sentries in the U.S... The practice fell out of favor during the civil rights era as police dogs became associated with racist and repressive law enforcement...

Just one more way my home state lives up to its motto: "Idaho is what America was."

ID: "If I hadn’t have got here, I’d have been dead"

2009-03-24T21:00:00.000-07:00

The Idaho State Journal is continuing its "City on the Hill" series on the Pocatello Women’s Correctional Center, with the most recent installments covering medical and mental health care in prison:

Treating Inmates

Every woman in Idaho placed under the care of the Department of Correction is screened at PWCC, even if they are headed for other facilities. The screening Includes a physical, pap smear, a mental health evaluation, blood work and a dental exam. To tend to the inmates' medical needs, the prison must offer what is essentially a small hospital...

Treating Inmates, Part 2

Most inmates with underlying mental health problems are able to function in the general population with medication, support groups or both. Those who can’t are housed in the maximum security unit... until they can be stabilized and reintegrated into the general population. Medication is one tool to help the women, but they often must address their underlying emotions to achieve more durable mental health...

WA: the whole world's a panopticon

2009-03-24T00:06:00.000-07:00

I for one welcome our watchful WSP overlords; here's an upbeat report from KING-5 on our bright future of total surveillance everywhere, all the time:

Graffiti vandals spotted by WSP patrol plane

Graffiti taggers usually wear dark clothing and commit their crime in the shadows at night. But now they're finding out that darkness no longer protects them because a watchful eye in the sky.

Late Saturday night, a pedestrian near Interstate 5 in Tumwater called 911 to report a graffiti tagger spray-painting along the fence line. Trooper Jonathan Ames, the tactical flight officer operating the infrared camera in Washington State Patrol's fixed-wing aircraft, says, "I could see his hand moving around in circles and I determined this person was indeed doing some vandalism."

Together with the pilot, he guided troopers on the ground to the suspect who attempted to run off down the fence. He hid under bushes relying on the guise of night, but his body heat gave him away...

Sadly, there's no money in the budget for predator drones, but I do expect to be getting my own DVD of this in a discovery packet soon...

Proverbs 12:6

2009-03-21T23:04:00.000-07:00

With thanks to Life, Love & Laughter, from a March 2009 comment to a March 2006 post on a similar theme.

ID: Judge Burdick, how could you?

2009-03-19T23:02:00.000-07:00

From Tara Rowe of The Political Game:

Still don't think Zeb Bell's voice is an influence outside of his direct broadcast range in the Magic Valley? Zeb's guest this morning, a regular guest Senator Denton Darrington (R-Declo) brought on a guest of his own: Justice Roger S. Burdick. Yep, a justice of the Idaho Supreme Court. All of this after the bigoted comments of Rep. John A. "Bert" Stevenson (R-Rupert). Amazing.

I'm ashamed and embarrassed for a judge I liked.

(Your Honor, it wouldn't have been hard to google Zeb Bell in advance to see why you wouldn't want to appear on this hateful man's show - the Mountain Goat could've told you all you needed to know. At least I'm hoping you didn't know; the alternative doesn't jibe with my respect for you.)

CA: kind-hearted principal in a black robe

2009-03-19T12:22:00.000-07:00

From Monterey County Weekly:

Tough Love in Juvenile Court - Judge Jonathan Price works to rehabilitate Monterey County’s youth

An ashamed-looking teenager shuffles into Judge Jonathan Price’s courtroom wearing bright orange sandals. The 16-year-old boy settles into a wooden chair next to his cheerless mom, as well as his attorney... The teen just finished a stint in Juvenile Hall for stealing a car and allegedly has gang ties – but Price sees promise...

“You should be able to assist [juveniles] in being better when they are done with you,” Price says, adding one caveat: “If they don’t want to change, you have to be able to deal with that, too.”

The view from the jury box

2009-03-18T21:50:00.000-07:00

How it looks to Crista in California:

They are public defenders and their dress, their hair, their speech all says "not paid enough..."

Gideon v. Wainwright, age 46

2009-03-18T19:54:00.000-07:00

Awfully nice of Dennis at SCOIDBlog to remember Gideon on his big day:

Today is the anniversary of Gideon v. Wainwright. A sincere SCOIDBlog thank you to all the public defenders and appointed counsel...

WA: turning away from the flat rate in Pasco

2009-03-17T21:25:00.000-07:00

From the Tri-City Herald:

Franklin County urged to restructure public defender contracts

Franklin County should restructure its public defense contracts to reduce its vulnerability to lawsuits, county commissioners were warned Monday. "A county actually can be sued for the indigent defense services they provide, whether they be insufficient, of low quality or whatnot," said Eric Hsu, public defense coordinator for Benton and Franklin counties.

He pointed out two problems he sees in Franklin County's public defender contracts. First, when public defenders give up their county contracts to work elsewhere, the county holds them responsible for pending cases. The attorneys are supposed to keep managing those cases until they're resolved, including traveling back to Franklin County for court dates. The contracts don't require the county to pay for those services. "So that creates a situation where you have an attorney that has a large incentive to not pay attention to cases that are left over ... because they're not being paid for them," Hsu said.

Second, he is concerned the county doesn't pay defense attorneys additional compensation for days actually spent in trial. Without per diem compensation, attorneys could have an incentive to encourage clients to plead out rather than go to trial. "A contract that has no trial per diem can be regarded as a 'flat fee' contract ... and, to the extent it financially discourages trying cases, is very possibly unconstitutional," Hsu stated...

CA: p.d. can fight city hall

2009-03-16T23:02:00.000-07:00

Longtime blog readers know that I think San Francisco Public Defender Jeff Adachi is pretty damn cool. Still, it's always worth considering contrary views, like this one from Ken Garcia at the Examiner:

Public defender’s grandstanding masks office issues

Politicians grandstanding in public will almost certainly attract headlines. To that end, San Francisco Public Defender Jeff Adachi has been a busy man as of late.

Adachi claims he wants money — not necessarily more scrutiny — which makes his recent actions rather curious, because some stunts have been known to be dangerous to your health...

ID: the cost of justice in Lewiston

2009-03-15T15:13:00.000-07:00

From the AP,via the P-I:

Murder trials boost N. Idaho county's expenses

Two murder trials in northern Idaho's Nez Perce County have caused the county to dip into special funds but the county hasn't gone over budget, an officials says...

WA: almost midnight for condemned murderer

2009-03-11T21:47:00.000-07:00

Here in progressive Washington, it looks like we're proceeding to an execution. From the Seattle Times: WA judge denies bid for execution stay

A Thurston County judge denied a stay of execution Wednesday for Cal Coburn Brown, who is scheduled to die by lethal injection early Friday for the 1991 rape and murder of a 22-year-old Seattle-area woman. Brown's lawyers immediately appealed to the Washington Supreme Court, which earlier this week refused to delay the killing on different grounds...

Brown's attorneys asked Thurston County Superior Court Judge Chris Wickham to stay the execution, based on an argument that Washington's procedure for administering lethal injection constitutes cruel and unusual punishment. Another Washington death row inmate... was recently granted a May hearing in Thurston County Superior Court on the validity of the lethal injection procedure. Wickham's decision would permit Brown to be executed before that issue is settled, irate defense attorneys said.

"It's incredibly shocking and disappointing that the judge has said today that that trial will take place without Mr. Brown because he'll be dead by then," said Jeff Ellis, president of the Washington Coalition to Abolish the Death Penalty.

See also the P-I: Judge denies stay of execution - Brown faces death for rape, killing in SeaTac

It'll be Washington's 110th execution. There's a vigil planned for the state capitol in Olympia, from Thursday 7:00 pm until the deed is done.

Update: late Thursday afternoon, the Washington Supreme Court stayed the execution (order here (pdf)).

Walter Mondale ♥s p.d.s

2009-03-10T21:52:00.000-07:00

For indigent defense, the former Vice-President wants to know, where's the beef? From the Washington Post:

A Key Legal Right at Risk

It is crucial that the states rededicate themselves to providing competent defense counsel to all people facing criminal charges who cannot afford to pay... We cannot move forward until we stop the erosion of Gideon's promise to criminal defendants.

(I prefer the on-line headline: "Overturning Gideon v Wainwright by Stealth")

The scourge of lawyer advertising

2009-03-08T23:19:00.000-07:00

Because if you've been injured, somebody somewhere owes you money:

Unscrupulous? Perhaps.

AS: tweaking, fa'a Samoa

2009-03-08T22:41:00.000-07:00

Take one of this blog's long-time preoccupations, add one of its odd enthusiasms, and what do you get? Methamphetamine news from American Samoa. From Radio New Zealand:

Public Defender warns of growing drug problem in American Samoa

The American Samoa Public Defender, Ruth Risch, has urged the territory to pay attention to the growing drug problem...

And this too from the AmSam p.d.:

She says expulsion of high school students who drink, smoke or cause fights is the worst type of discipline...

Couldn't agree more, particularly on days when my clients are going into detention for being expelled. Like I've said, paradise.

MT: p.d. work not recession - proof

2009-03-03T21:38:00.000-08:00

An update from The AJB's and Me on the effect of the downturn on some of our contractor colleagues:

...(T)he State of Montana Office of Public Defender may change how they handle their conflict cases, resulting in a significant decrease in the availability of contract work for us and many of our friends. Basically that's like getting advance notice that layoffs are coming at your work... We naively thought we had pretty recession proof work because in hard times more people need public defenders...

Some of us inside p.d. offices thought we might be immune too. We're nowhere near home-free yet.

(This blog also contains many fine photos, taken by the lawyer / blogger, of life in Gallatin County; its title picture looks like a Russell Chatham painting.)

WA: it gets worse for King County's teen - battering deputy

2009-03-03T18:35:00.001-08:00

Tonight on KING - 5:

Justice Dept. looking into alleged deputy assault

A King County sheriff’s deputy charged with misdemeanor assault of a 15-year-old car theft suspect while she was in custody may now face federal charges...

ID: how to argue insanity in Idaho? "very carefully"

2009-03-03T18:15:00.000-08:00

From the Idaho Statesman:

Was John Delling innocent of a 'guilty mind'? - Idaho forbids the insanity defense, but his attorneys hope to prove the paranoid schizophrenic couldn't have premeditated a murder

Serial shooting suspect John Delling might be mentally fit to stand trial for murder this spring, but his attorneys say Delling wasn't mentally healthy enough to know what he was doing... That sounds a lot like an insanity defense... Delling and his attorneys have a major problem offering this strategy, however. Though mental stability can lighten a person's sentence, Idaho is one of three states that do not allow an insanity defense to try to beat a conviction...

MN: "this job is stressful because, if you care, you can't help but be emotional"

2009-03-01T19:02:00.000-08:00

Good "Minnesota Profile" of a p.d. in The Cities, from the Minneapolis Star-Tribune:

Michael Holland: The defense never rests - With the courts in financial crisis, public defender Michael Holland barely has time to take a breath between cases

"There's got to be a breaking point," Holland says. "The amount of poor people is growing, especially in an economy like this. My clients get the best out of me, but will I have to shortchange them and do a half-job on all my cases instead of a full job on less cases? Something's got to give..."

Bonus link goes to Mirror of Justice, The Human Dignity of the Accused and the Vocation of the Public Defender

WA: deputy assaults teenage girl in detention

2009-02-28T15:02:00.000-08:00

From CBS News: Caught On Tape: Cop Attacks Teen In Cell - Video Shows Wash. State Deputy Kicking 15-Yr-Old Girl, Slamming Her To Floor, Pulling Her Hair

See also the Seattle P-I, Beating caught on police video and Injustice in Seattle, What Happens To Justice When There Is No Video

My fellow Idahoans

2009-02-25T19:39:00.000-08:00

Please check out my very smart friend Dennis Benjamin's SCOIDBlog:

"keeping an eye on the doings of the Supreme Court of Idaho and the lower state courts from a criminal defense point of view with news, commentary, gossip and rumor, satire, poetry and more."

("Poetry?")(The blog bills itself as a team effort - other Idaho friends appear, including Deborah Whipple - but so far, judging by number of posts, Dennis is the MVP)

CA: another good pd gone too soon

2009-02-25T19:03:00.000-08:00

From the Sacramento Bee:

Obituary: Public defender fought for life on death row, at home

Jay Colangelo, a top California public defender who fought for death row inmates while battling for his own life against a rare type of cancer, died Saturday at age 55...

"He read 'To Kill a Mockingbird' in eighth grade and never looked back..."

TX: big heart broken in Wichita Falls

2009-02-23T20:54:00.000-08:00

A number of tributes to long-time Wichita County public defender John Curry, who died last week aged 47:

From the Times Record News - City mourning loss of Curry

From KFDK (with video) - John Curry Obituary and Memorial Service Planned for Former Public Defender

(those who know me personally will know how this big man's death touches me personally)

PA: judge - "I just don’t believe I have to spoon-feed people"

2009-02-22T11:38:00.000-08:00

From the Scranton Times-Tribune:

Nearly half of Luzerne cases lacked representation

For years, Luzerne County Judge Mark A. Ciavarella Jr. denied juvenile defendants their rights, imprisoned them over the recommendations of probation officers and took millions in kickbacks from the co-owner of two juvenile detention centers that earned nearly $30 million with his help...

Interviews and court documents portray Judge Ciavarella’s courtroom as a place where the outcome of cases was decided well before a hearing. Judge Ciavarella pressured court staff to recommend detention, even in cases where staffers believed detention wasn’t warranted, federal prosecutors allege...

Full rundown from Wilkes-Barre's CitizensVoice.com: Court Corruption Probe

Coming soon: one stop shopping

2009-02-19T22:43:00.000-08:00

Check this out: Sancho at Tales of a Public Defender Investigator is setting up a public defender wiki. Still in beta, but what a cool concept. Thanks, subcommandante.

Our ranks, increased by one

2009-02-19T22:37:00.000-08:00

Humongous headline over at Not For The Monosyllabic:

I'm a real life public defender!!!!!
I GOT THE JOB!!

We accept you, one of us, one of us!

MN: "it should be about justice and not about the cost"

2009-02-19T20:53:00.000-08:00

The beleagured underpaid watchdog of justice trope again, this time from MinnPost.com:

A stark contrast in courts: Upstairs, the pricey lawyer-filled Coleman-Franken trial; downstairs, an overworked public defender

Michael Kunkel's work was done. For the moment... His hearing before the Minnesota Court of Appeals, including rapid-fire, rugged questioning from the three justices, was over. But his day was not. Kunkel, 29, was gathering his belongings for a parole hearing in Anoka County 25 miles (away). He has another 30 or so cases on his desk back at the State Public Defender's Office...

Just so happens Kunkel's venue today was Courtroom 200 of the Minnesota Judicial Center. It's directly beneath Courtroom 300, the daily venue for the Norm Coleman - Al Franken recount trial. Same building, different stage. Same justice system, different approach. Same profession, different league... ..It may seem a stretch to juxtapose the Franken - Coleman trial, its high-powered lawyers and its absentee ballots with Kunkel and his indigent sex offender client who needs a public defender to assist him...

In this case it is a stretch. Perhaps my days in the two-tier system have drained my outrage, but I'm not offended that in a close U.S. Senate race with national implications, the suits have taken over one courtroom. Besides, it provides an opportunity for curious reporters to take the elevator down to the depths where we work, and to bring back stories of the routine inequities that they find.

Happy birthday Wallace Stegner

2009-02-18T19:08:00.000-08:00

The American writer Wallace Stegner was born one hundred years ago today."There was a time up there in Idaho when everything was wrong... Did you come down out of that into some restful 30° angle and live happily ever after?" - Angle of Repose (1971)

(Parenthetically, today's also our 14th wedding anniversary)

Dollars depart, justice unravels

2009-02-17T22:57:00.000-08:00

From Stateline.org:

Court cuts trigger blunt warnings

The budget emergency facing state governments has produced an uncommon alliance of advocates — from business leaders to public defenders and chief judges — who, in blunt terms, are urging state lawmakers not to slash funding for the courts...

PA: juvenile injustice, judicial avarice

2009-02-12T21:44:00.001-08:00

The juvenile reformers and public defenders have been talking about this, and now it's made the New York Times:

Judges Plead Guilty in Payoffs for Jailing Youths

(O)n Thursday... (J)udge, Mark A. Ciavarella Jr., and a colleague, Michael T. Conahan, appeared in federal court in Scranton, Pa., to plead guilty to wire fraud and income tax fraud for taking more than $2.6 million in kickbacks to send teenagers to two privately run youth detention centers... While prosecutors say that Judge Conahan, 56, secured contracts for the two centers to house juvenile offenders, Judge Ciavarella, 58, was the one who carried out the sentencing to keep the centers filled.

“In my entire career, I’ve never heard of anything remotely approaching this,” said Senior Judge Arthur E. Grim, who was appointed by the State Supreme Court this week to determine what should be done with the estimated 5,000 juveniles who have been sentenced by Judge Ciavarella since the scheme started in 2003.

Many of them were first-time offenders and some remain in detention. The case has shocked Luzerne County... And it raised concerns about whether juveniles should be required to have counsel either before or during their appearances in court and whether juvenile courts should be open to the public or child advocates...

UT: 60.4% chance of pissing off the DP jury pool

2009-02-11T22:41:00.000-08:00

The story's less inflammatory than the headline, but still, an interesting way to start picking a "jury for life," from the Ogden Standard-Examiner:

Homicide defense motion excludes LDS jury members

The defense has filed a motion seeking to keep off Riqo Perea's jury any members of The Church of Jesus Christ of Latter-day Saints who adhere to the church's past teachings of blood atonement.

Such jurors would be much more likely to vote for an execution, according to the motion filed in 2nd District Court, where Perea faces the death penalty in a 2007 gang homicide. "Utah's population contains a significant percentage of members of one religion ... members of the LDS Church make up an estimated 60.4 percent of the state's population," reads the motion...

Just guessing here that the percentage of Mormons who adhere to anything close to blood atonement is more than a bit south of 60%. Also guessing that the Colorado Method hasn't spread to Weber County. Oh, and yes, this issue has come up in Idaho before.

WA: cut advocacy for kids now, pay later

2009-02-09T21:20:00.000-08:00

From the Tacoma News Tribune:

Cut TeamChild and you put kids, budgets at risk

When legislators consider cutting $500,000 a year for TeamChild, they should ask themselves one question: Do they want the kids it now serves to grow up to be inmates or taxpayers?

ID: 8 year old? aspie? arrest her!

2009-02-08T00:01:00.000-08:00

Brimming with pride to see the home state make the national news on ABC. Here's one Idaho town's take-no-prisoners response to autism spectrum disorders - oh, wait a minute, strike that:

Parents Consider Legal Action After Autistic Girl, 8, Arrested at School - Evelyn Towry Was Cuffed, Led Away by Police After Scuffle Over School Party

The mother of an 8-year-old autistic girl who was arrested after a scuffle with her teachers said it was horrifying to watch her daughter be led away in handcuffs from her northern Idaho elementary school... Police in Bonner County, Idaho, charged the girl, Evelyn Towry, with battery...

Spring Towry said she got to the school... just in time to see 54-pound Evelyn - who was diagnosed at age 5 with Asperger's Syndrome, a high functioning form of autism - being walked to a police car with two officers at her side. "She started screaming 'Mommy, I don't want to go! What are batteries? What are batteries?'" Towry said. "She didn't even know what she was arrested for."

Towry, who lives in Ponderay, said Evelyn told her that she had been refused entry into a school Christmas party that had been delayed until after the holidays because of a string of snow days, because she refused to take off her beloved "cow costume" - a hoodie with cow ears and a tail.

Towry said Evelyn... told her she was put in a separate classroom away from the party, but when she tried to leave, the teachers told her to stay put. Evelyn did not listen, Towry said, and the adults physically restrained her...

Via I Speak Of Dreams.

Bonus link: for those who need a diagram to see why this was wrong (this person perhaps), Asperger Square 8 has drawn one for you:

WA: Seattle 1919 - we shall be all

2009-02-06T20:34:00.000-08:00

Today makes the ninetieth anniversary of the start of the Seattle General Strike. If you happen to be in Seattle Saturday (and you don't have a nine-year-old who would rather feed the seagulls at Ivar's), you could celebrate (or commiserate) with the Seattle Labor Chorus and others, from 1PM to 5PM at the Seattle Labor Temple, 2800 1st Ave. Brought to you by the Harry Bridges Center for Labor Studies. It's free.

SC: "Sleezie Boy" is representing himself

2009-02-05T23:00:00.000-08:00

From the Charleston Post and Courier:

Sensational drama unfolding in courtroom

Some tips for defending yourself against a troublesome murder rap: ...Never, ever, begin a sentence "(Let's) say I shot someone five times..."

Cute animal pictures: the highest and best use of the blawgosphere

2009-02-04T18:51:00.000-08:00

As if to validate the point of the previously - linked post, here is an adorable goat in a holding cell (a Toggenburg, I believe):
Via West Seattle Blog by way of Slog.

I am an aggregator

2009-02-04T17:58:00.000-08:00

Nothing to see here, move along.

P.S.: AmbImb introduced me to a term I should have known: tumblelog. Takes all kinds to make a blawgosphere.

WA: monitoring the Grant County settlement agreement

2009-02-03T18:08:00.000-08:00

From the Wenatchee World:

Grant County warned about public defenders

Grant County’s public defenders made significant progress last year, but could suffer serious setbacks due to recent changes, according to an attorney who tracks how well the county serves indigents charged with a crime.

Beginning in March, the county will provide at least part of its public defense through a county department rather than lawyers who hold contracts with the county. The rush to an in-house department and a change in supervising defense attorneys "have been extremely disruptive," according to the fourth-quarter report by monitoring attorney Tito Rodriguez of Seattle...

This latest monitor's report has been burning up the listserv of our state criminal defense association, and the discussion seems to be taking place without most of the commenters having read the report. Thanks to the Wenatchee paper and as a public service, here it is (pdf file).

See also today's Spokesman-Review, Our View: Lighter caseloads can prevent wrongful convictions