Archive for January 2, 2009
So let me take naked pictures of you
Jan 2nd
One of the most common (and infuriating) responses to any indignation about the government’s surveillance and wiretapping programs is: “I’ve got nothing to hide, I don’t care”. A fundamental underpinning of this argument is that a little bit of intrusion protects our national security, so it’s okay.
I see similar arguments from those not of the criminal defense bent in regards to some basic Constiutional protections: “Well, if I’ve done nothing wrong, then why should it matter that the police didn’t have a warrant.” It underlines the notion that the Fourth Amendment is a “technicality”.
Only criminals need the protection of the 4th, because they have done something wrong or have some to hide. If they hadn’t, they wouldn’t be where they are in the first place.
It’s also why many wonder why there needs to be a criminal defense bar at all, or that hiring a lawyer is a sign of guilt.
The Nichol(s) effect
Jan 2nd
The capital case of Brian Nichols has had a terrible effect on the state of indigent defense in Georgia. A system that was already strained under the pressure of one capital case is on the verge of a deathblow. There are many, many other defendants not named Brian Nichols in Georgia who need representation and need it now. One of them is Jamie Ryan Weis and he’s suing the public defender’s office:
Since April, Weis has been sitting in jail awaiting trial without lawyers to represent him. The lawsuit was filed after trial judge Johnnie Caldwell scheduled a Jan. 5 hearing on the case.
“It’s frustrating,” Pike County District Attorney Scott Ballard said. “Everybody wants the defendant to be well represented. We’ll be ready to prosecute just as soon as they’re ready.”
The suit was filed in Fulton County Superior Court against Mack Crawford, director of the Georgia Public Defender Standards Council, and Gerry Word, acting head of the capital defender’s office.
As the Nichols case made its way through the system, Weis’ case took a beating:
Proving the negative: lawyers are special
Jan 2nd
Lawyers hate proving the negative, unless of course they’re asking other lawyers to do so. In which case, game on!
For reasons that are not very exciting, I was helping someone research the mandatory CLE (continuing legal education) requirements for lawyers in New York. CT doesn’t have any CLE requirements, so I wasn’t aware of how harrowing it can be for someone who lives in a state that does. Here’s what NY requires if you are a new lawyer:
- 32 credit hours are required of newly admitted attorneys during the first two years after admission (16 credit hours per year)
- of the 16 credit hours each year, 3 are to be in the areas of ethics and professionalism; 6 in the area of skills; and 7 in the area of law practice management and various areas of professional practice
Now 32 credit hours may not sound like a lot, but I imagine it is, as with all else when it comes to lawyers and hours, deceptive.
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