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Public Defense

: Of a Public Defender's Life

Defending Ourselves

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Its very difficult for many people to understand.

Our local and federal governments actually PAY people money to defend people accused of crimes.

Sometimes they get paid A LOT of money.

Sometimes.

I work for a county office, so my check comes directly from the county. I get paid well and I don't complain. I work about 40-55 hours a week without overtime. Its a rewarding job....blah, blah, blah. You've heard me say this all before, but simply put, I wouldn't do it if I didn't enjoy it.

Many good, honest, tax paying citizens wonder why their tax dollars go to pay for the defense of "criminals." Their concerns are made very vocal during tough times in our local economy and law enforcement, Social services, and even teachers are getting laid off.

The good tax payers of [insert your county here] want to know why it takes 1.1 Million dollars a year to fund a County Operated Public Defenders office when there are parks for the kiddies closing and cops getting the old boot in the ass, because their grant funding ran out.

Its really a good question and nobody likes the answer...Its those damned pesky Constitutional Rights folks. You good taxpaying citizens remember what the Constitution is don't you? Ringing a bell yet? Good. I'm glad.

So, the accused in our country are allowed legal defense in criminal proceedings because the CONSTITUTION SAYS SO.

You wanna argue with that?

I didn't think so.

The problem is, our counties understand that they must provide legal services to the indigent BUT they want to save themselves and the good taxpayers of your county a few bucks, so they decide to get rid of the county operated office and instead hire a private law firm to contract out their criminal cases because...well, its always cheaper!

This is usually about the time when shit hits the fan. Oh yeah, I'm not a big fan of private law firms contracted out to act as "Public Defenders." My experience with them has been extremely negative and one such firm is even mentioned in the article I'm about to talk about.

The San Jose Mercury News (one of my favorite local newspapers) recently published an article by by Karen de Sá on the inadequate legal help received by inmates in California:

A statewide commission reported Thursday that many California counties have cut their spending for impoverished criminal defendants by providing them lawyers whose representation fails to meet constitutional standards.
Counties are increasingly hiring legal firms that offer cut-rate representation by failing to spend money on investigators or experts that are needed for adequate defense, said the report issued by the California Commission on the Fair Administration of Justice, created to examine ways to guard against wrongful convictions.
"This is like a cancer within the system of providing indigent defense, and it's spreading," said Gerald Uelmen, executive director of the so-called Fair Commission, calling the spread of low-bid, flat-fee private firms "a race to the bottom.

Its the flat-fee private firms like this that give Public Defender offices a bad name and more importantly, they have a good track record of fucking over clients.

When your local county is trying to save a few bucks in the next fiscal year and the talk turns to considering contracting out Public Defender services...save this article and please get a copy from the California Commission On The Fair Administration Of Justice to show them what a bad idea it is. You can also download it here.

Nuff said.

Full post as published by Of a Public Defender's Life on April 20, 2008 (boomark / email).