Comments on: Depends on what “money” means

By: Equal justice for all | a public defender

Equal justice for all | a public defender — Mon, 15 Feb 2010 17:23:16 +0000

[...] brings us to the one category that would really benefit from some modification of the public defender system: the [...]

By: Rick Horowitz

Rick Horowitz — Sun, 20 Dec 2009 11:55:23 +0000

I like blogversations, too! How do you get them started?

By: Gideon

Gideon — Thu, 17 Dec 2009 21:39:17 +0000

I like blogversations.

By: Gideon

Gideon — Thu, 17 Dec 2009 21:37:30 +0000

It’s a little more complicated here. There’s a very lengthy form that needs to be filled out (not really) and some public defender offices are stricter than others in enforcing the guidelines. Although in the past few months I’ve only once informed the court that the defendant was not eligible.

We are responsible for determining indigency: the court makes the formal appointment of the public defender’s office. And as the statute shows, the defendant can contest our determination and appeal to the Court to appoint us anyway.

I’ve seen some judges ask detailed information about assets and liabilities and some just ask that one simple question.

By: LJS

LJS — Thu, 17 Dec 2009 21:36:57 +0000

Many years back, I had the very problem Bill T. describes. Client was represented by the public defender at trial. After conviction, court set a large appellate bond. Client’s two girlfriends got together and raised the bond. State demanded public defender investigate clients’ resources and wanted his financial affid released to it for a fraud prosection, various sealed resposnses filed with court in camera. Net result, he was determined to still be indigent, and I represented him on appeal. Did he have assets — on paper, no. But he did have two girlfriends apparantely willing to put up serious cash for him.

Amusing follow-up 1: day before oral argument, I get a call from a federal public defender.
Do you represent X?
Yeah….
Just to let you know, I’ve been assigned to X for his arraignment — he was picked up in Miami flying back from Cali with drugs on him. (This while he’s on appeal bond and isn’t allowed to leave the state.
[Long silence] Where is he when I need to reach him?

And, of course, story broke in the local paper the next morning.

Less-Amusing follow-up 2. The local PD having moved heaven and earth to keep the financial docs from the prosecutor, his state habeas attorney files an IAC claim vs. me. I get a subpeona from the State and leave a phone message for habeas counsel letting her know. I then get a signed release of my file to the State faxed to me by said habeas attorney. I explain the problem to the habeas attorney — do you really want to sign that release and to have me testify? Yup! You understand the risk that State may get these docs which might be harmful to defendant? Yup. [Long silence from me] And I do testify, and fortunately either state’s prosecutor isn’t aware of the issue or doesn’t care as they don’t ask to see the file and don’t ask me any questions about the issue.

By: shg

shg — Thu, 17 Dec 2009 20:55:26 +0000

And look who’s back in the game. My work here is done.

By: Bill Thompson

Bill Thompson — Thu, 17 Dec 2009 16:59:42 +0000

There are no meaningful indigency guidelines in my jurisdiction whatsoever. “Can you afford an attorney? No? Public Defender assigned.” A couple years ago a study was commissioned (no shortage of those) in which it was determined that the cost of a full blown indigency investigation was far more than the savings realized by weeding out the ineligible. Since most clients are programmed to believe they get what they pay for, the fear of getting a free lawyer tends to motivate those who can afford to hire one to go out and do just that. I also question the propriety of having a public defender office made responsible for determining eligibility as in many instances I suspect that information could be the basis of a fraud prosecution. My office, as a practical matter, always encourages those who can hire a private attorney to do so. I even suggest/recommend to them those attorneys who do particularly well with a specific judge, justice being blind and all…