A Supreme Judicial Court justice yesterday ordered two ranking officials in charge of the state's court-appointed attorneys to appear before him Monday and explain their efforts to resolve a protest by Hampden County lawyers who are refusing to represent poor clients because of the state's low pay scale.
Thursday, August 19, 2004
Wednesday, August 18, 2004
Connecticut Lawmakers raise concerns of bail bond system
Some black and Hispanic state lawmakers are worried that too many poor minorities are stuck in jail because they can't afford to pay a bail bondsmen.
Kentucky no longer utilizes the bail bondsman system.
Pretrial Services was created by legislation in 1976 as part of the Bail Bond Reform Act, which also eliminated the commercial bail bonding system. With strong support from Gov. Julian Carroll, the General Assembly made it a criminal offense to post a bond for profit in the Commonwealth of Kentucky. This innovative approach initiated a statewide pretrial services program. Previously, many rural areas were not served commercially. In spite of a constitutional presumption of innocence, under the commercial system, a citizen could be substantially penalized for paying a non-refundable fee to obtain releases from custody. Contingent to such contracts, the bondsman agreed to return the defendant to court in the event of a failure to appear; however, most absconders were located and returned by regular law enforcement personnel.
Kentucky no longer utilizes the bail bondsman system.
Pretrial Services was created by legislation in 1976 as part of the Bail Bond Reform Act, which also eliminated the commercial bail bonding system. With strong support from Gov. Julian Carroll, the General Assembly made it a criminal offense to post a bond for profit in the Commonwealth of Kentucky. This innovative approach initiated a statewide pretrial services program. Previously, many rural areas were not served commercially. In spite of a constitutional presumption of innocence, under the commercial system, a citizen could be substantially penalized for paying a non-refundable fee to obtain releases from custody. Contingent to such contracts, the bondsman agreed to return the defendant to court in the event of a failure to appear; however, most absconders were located and returned by regular law enforcement personnel.
Mass Supreme Court Judge Orders Lawyers Appointed in Indigent Criminal cases
A justice of the state supreme court ordered Hampden County judges to appoint private attorneys to represent poor defendants, while Statehouse leaders cautioned it could take months to resolve the pay dispute that has led many of the lawyers to walk off the job.
On September 22, 1972, Kentucky's highest Court characterized the forced representation of indigents as an "intolerable condition" and held it was an unconstitutional taking of an attorney's property - his service to the client - without compensation. From then on no Kentucky attorney could be required to represent an indigent absent compensation. Bradshaw v. Ball, 487 S.W.2d 294 (Ky. 1972).
On September 22, 1972, Kentucky's highest Court characterized the forced representation of indigents as an "intolerable condition" and held it was an unconstitutional taking of an attorney's property - his service to the client - without compensation. From then on no Kentucky attorney could be required to represent an indigent absent compensation. Bradshaw v. Ball, 487 S.W.2d 294 (Ky. 1972).
Tuesday, August 17, 2004
Press Release
Governor Fletcher appoints Public Advocate
for a 3rd Term
(Frankfort, KY, August 16, 2004) Governor Ernie Fletcher recently appointed Ernie W. Lewis to his 3rd term as Public Advocate for the Commonwealth of Kentucky. DPA represents over 100,000 citizens each year in Kentucky's trial and appellate courts.
“The staff of the Kentucky's statewide defender program protects what we value most - our liberty and our life”, Lewis states. “I’m appreciative of the confidence that this administration has demonstrated by this reappointment”.
A native of Missouri Ernie received his BA degree from Baylor University, a Masters of Divinity degree from Vanderbilt University, and graduated from the Washington University Law School in St. Louis. He has been with DPA since his graduation from Law School in 1977.
Lewis has been on the faculty of the National Criminal Defense College since 1985, currently serves on the faculty of the National Defender Leadership Institute, is a member of the Executive Committee of the American Council of Chief Defenders, and has testified on indigent defense issues before task forces in Georgia, North Carolina, Texas, and last week in Louisiana. In 2000, Lewis was selected by the Kentucky Bar Association as Kentucky's Outstanding Lawyer.
"Ernie Lewis has done an outstanding job for the Department of Public Advocacy," says Lieutenant Governor Steve Pence. "For years, Ernie has helped make sure that every person in Kentucky has had the opportunity to a fair trial. We think he'll continue to do a good job in the future."
The Department of Public Advocacy is administratively attached to the Justice and Public Safety Cabinet. Lieutenant Governor Pence also serves as the cabinet secretary. Pence endorsed and recommended Lewis be re-appointed to the position of Public Advocate.
A father or two, Lewis currently resides in Richmond.
for a 3rd Term
(Frankfort, KY, August 16, 2004) Governor Ernie Fletcher recently appointed Ernie W. Lewis to his 3rd term as Public Advocate for the Commonwealth of Kentucky. DPA represents over 100,000 citizens each year in Kentucky's trial and appellate courts.
“The staff of the Kentucky's statewide defender program protects what we value most - our liberty and our life”, Lewis states. “I’m appreciative of the confidence that this administration has demonstrated by this reappointment”.
A native of Missouri Ernie received his BA degree from Baylor University, a Masters of Divinity degree from Vanderbilt University, and graduated from the Washington University Law School in St. Louis. He has been with DPA since his graduation from Law School in 1977.
Lewis has been on the faculty of the National Criminal Defense College since 1985, currently serves on the faculty of the National Defender Leadership Institute, is a member of the Executive Committee of the American Council of Chief Defenders, and has testified on indigent defense issues before task forces in Georgia, North Carolina, Texas, and last week in Louisiana. In 2000, Lewis was selected by the Kentucky Bar Association as Kentucky's Outstanding Lawyer.
"Ernie Lewis has done an outstanding job for the Department of Public Advocacy," says Lieutenant Governor Steve Pence. "For years, Ernie has helped make sure that every person in Kentucky has had the opportunity to a fair trial. We think he'll continue to do a good job in the future."
The Department of Public Advocacy is administratively attached to the Justice and Public Safety Cabinet. Lieutenant Governor Pence also serves as the cabinet secretary. Pence endorsed and recommended Lewis be re-appointed to the position of Public Advocate.
A father or two, Lewis currently resides in Richmond.
Monday, August 16, 2004
Public Advocate Testifies in Louisiana
Last week, Ernie Lewis testified before a task force examing the state of indigent defense in Louisiana. Link
A state task force looking at the question of indigent defense met Thursday, hearing from public defenders around the country about their systems. While all complained that case loads are often too high, most had more resources to spend on representing poor clients than what is spent in Louisiana.
For example, while both Kentucky and Louisiana each spend about $30 million a year on public defenders, the number of cases in Kentucky is 116,000 a year, while Louisiana public defenders handle an estimated 400,000 cases annually, according to testimony
Governor Reappoints Ernie Lewis
On August 11, Governor Ernie Fletcher reappointed Ernie Lewis as the Public Advocate.
From Ernie Lewis to DPA Staff:
From Ernie Lewis to DPA Staff:
I am pleased that the Public Advocacy Commision expressed their satisfaction with my leadership by recommending renewal to the Governor. I am also pleased that the administration has shown this confidence in me. I am determined to bring new energy to this third term, to continue to build an agency that has the highest degree of professionalism and excellence, and to tackle our biggest problem, that of excessive caseloads. We have come far in the last 8 years, all with the great contribution of every one of you. I ask for your continued good work, and your support, as we begin this new term together.
New Hires in DPA
Ginger Massamore as Hopkinsville Directing Attorney (promotion from Henderson office);
Mike Ruschell as West Regional Manager to succeed Tom Glover (retiring at end of month);
Amie Martinez joins Madisonville today as a staff attorney;
Tonya Fleming and Andrea Poniecki who join Hopkinsville as law clerks pending their swearing in in October
Mike Ruschell as West Regional Manager to succeed Tom Glover (retiring at end of month);
Amie Martinez joins Madisonville today as a staff attorney;
Tonya Fleming and Andrea Poniecki who join Hopkinsville as law clerks pending their swearing in in October
New York Times cites Kentucky in Article about Jail Fees
From Many Local Officials Now Make Inmates Pay Their Own Way
The jail for Lexington, Ky., and surrounding Fayette County charges a $20 booking and administrative fee but not a daily fee, said Donald Leach, the senior administrative officer for the jail. "It's a great platform issue for people running for sheriff to impose these fees," Mr. Leach said. "But it's my experience that very few jails that charge a per diem make any money."
...
"I think a jail that collects 10 percent of its fees is doing very well," Mr. Leach said.
The jail for Lexington, Ky., and surrounding Fayette County charges a $20 booking and administrative fee but not a daily fee, said Donald Leach, the senior administrative officer for the jail. "It's a great platform issue for people running for sheriff to impose these fees," Mr. Leach said. "But it's my experience that very few jails that charge a per diem make any money."
...
"I think a jail that collects 10 percent of its fees is doing very well," Mr. Leach said.
Subscribe to:
Posts (Atom)