BIG CASELOADS THREATEN QUALITY OF WORK, THEY SAY
By Bill Estep
SOUTH-CENTRAL KENTUCKY BUREAU
SOMERSET - Public defenders pressed their case yesterday for more funding, saying large caseloads are threatening the quality of legal help for indigent people accused of crimes and causing great stress for attorneys who represent them
This blog provides stories from the Advocate and other publications of Kentucky's Department of Public Advocacy. The DPA is a state-wide public defender agency.
Friday, December 17, 2004
Monday, December 06, 2004
State: Hardin public defenders are ‘critically overloaded'
The Elizabethtown-based public defender's office took a spot on the state's list of 16 offices considered to be critically overloaded in 2004.
The office, which serves Hardin, LaRue, Hart, Meade and Grayson counties, averaged 519 cases per attorney for the year. The critical level by Kentucky Department of Advocacy standards is 500. The Elizabethtown office has 10 attorneys.
The office, which serves Hardin, LaRue, Hart, Meade and Grayson counties, averaged 519 cases per attorney for the year. The critical level by Kentucky Department of Advocacy standards is 500. The Elizabethtown office has 10 attorneys.
Monday, November 29, 2004
KY: Public defenders swamped
By Deborah Yetter
The Courier-Journal
Each public defender opens an average of 489 cases a year, more than the number recommended by the National Legal Aid and Defender Association, said Ernie Lewis, head of the Department of Public Advocacy. Kentucky public defenders handle a mix of misdemeanors, felonies and juvenile cases, he said.
The association recommends public defenders open no more than 400 misdemeanor cases a year, the simplest to represent, or no more than 150 felony or 200 juvenile cases per year. The association does not set a threshold for a mix of those cases.
Public defenders represent 85 percent of the people charged with felonies in Kentucky, including most of those charged in potential death penalty cases, Lewis said.
He said they represent all death row inmates.
Link to Lexington Herald Leader version of story
Link to Cincinnati Enquirer version
The Courier-Journal
Each public defender opens an average of 489 cases a year, more than the number recommended by the National Legal Aid and Defender Association, said Ernie Lewis, head of the Department of Public Advocacy. Kentucky public defenders handle a mix of misdemeanors, felonies and juvenile cases, he said.
The association recommends public defenders open no more than 400 misdemeanor cases a year, the simplest to represent, or no more than 150 felony or 200 juvenile cases per year. The association does not set a threshold for a mix of those cases.
Public defenders represent 85 percent of the people charged with felonies in Kentucky, including most of those charged in potential death penalty cases, Lewis said.
He said they represent all death row inmates.
Link to Lexington Herald Leader version of story
Link to Cincinnati Enquirer version
Tuesday, November 02, 2004
Thursday, October 21, 2004
Wednesday, October 20, 2004
Editorial From Appalachian News Express: In Defense of the Defenders
There’s a couch in the Department of Public Advocacy’s Pikeville office with two pillows and a blanket. On a table beside the couch is an iron and ironing board. There’s a stocked kitchen and bathroom.
The signs are everywhere, and not only do they show an overworked group of six attorneys. They also show the desperate need for help not only in Pike, but for public defenders all over the state.
In a recent press release announcing the newest data on caseloads for public defenders, State Public Advocate Ernie Lewis said something must be done to decrease the workloads of the state’s public advocates; not only for their sakes, but for the sake of the defendants.
“The people of the commonwealth want to believe that the quality of justice provided an accused does not depend upon the money available to pay a lawyer. These caseloads threaten that fundamental belief,” he wrote.
Harolyn Howard, directing attorney for the Department of Public Advocacy’s Pikeville office, said the attorneys in the Pike office, which also covers Floyd County, have seen their caseloads increase by 10 percent. Instead of the recommended 350 cases per year, the six attorneys are averaging 477.3.
And in recent years, the addition of drug, family and other courts, combined with a known drug epidemic that is driving more and more people to commit crime, the numbers don’t seem to be slowing down.
Besides the toll this takes on the individual attorneys, defendants also are on the losing end, whether it be by having to wait longer to go to court or by not getting all the attention they would naturally get if the defender had more time.
With all the ails Kentucky has financially, this should rank near the top of the list of things that need fixed. And the only way to fix it is the have more public defenders.Everyone is guaranteed the right to a speedy trial and to competent counsel. Anything less is unconstitutional and simply shouldn’t be accepted.
The signs are everywhere, and not only do they show an overworked group of six attorneys. They also show the desperate need for help not only in Pike, but for public defenders all over the state.
In a recent press release announcing the newest data on caseloads for public defenders, State Public Advocate Ernie Lewis said something must be done to decrease the workloads of the state’s public advocates; not only for their sakes, but for the sake of the defendants.
“The people of the commonwealth want to believe that the quality of justice provided an accused does not depend upon the money available to pay a lawyer. These caseloads threaten that fundamental belief,” he wrote.
Harolyn Howard, directing attorney for the Department of Public Advocacy’s Pikeville office, said the attorneys in the Pike office, which also covers Floyd County, have seen their caseloads increase by 10 percent. Instead of the recommended 350 cases per year, the six attorneys are averaging 477.3.
And in recent years, the addition of drug, family and other courts, combined with a known drug epidemic that is driving more and more people to commit crime, the numbers don’t seem to be slowing down.
Besides the toll this takes on the individual attorneys, defendants also are on the losing end, whether it be by having to wait longer to go to court or by not getting all the attention they would naturally get if the defender had more time.
With all the ails Kentucky has financially, this should rank near the top of the list of things that need fixed. And the only way to fix it is the have more public defenders.Everyone is guaranteed the right to a speedy trial and to competent counsel. Anything less is unconstitutional and simply shouldn’t be accepted.
Friday, October 08, 2004
Kentucky: Attorney: Public defenders are stretched too thin
Regardless of how much money they have, who they are or what they’re charged with, defendants in criminal cases have a legal right to an adequate defense. A local public defender says an “ever-increasing” caseload has begun to compromise that right across the state, including Pike and Floyd counties.
Harolyn Howard, directing attorney for the Department of Public Advocacy’s Pikeville office, said that, in the last year, the six attorneys working the Pikeville office that covers Pike and Floyd counties have seen their caseloads rise from an average of 426.3 cases per attorney to 477.3, a more than 10 percent increase.
Harolyn Howard, directing attorney for the Department of Public Advocacy’s Pikeville office, said that, in the last year, the six attorneys working the Pikeville office that covers Pike and Floyd counties have seen their caseloads rise from an average of 426.3 cases per attorney to 477.3, a more than 10 percent increase.
LA: legal aid cost estimated at $55 million
The head of a group that is suing over the way the state provides attorneys to poor defendants said Thursday that a legally sound system could cost taxpayers $55 million per year.
Otherwise, more lawsuits could be filed, said Barry Scheck, president of the National Association of Criminal Defense Lawyers.
Wednesday, October 06, 2004
La: Lawyers Want To Revise Indigent Defense
Tuesday, October 05, 2004
GA: Study Shows Need For More Court Lawyers
The Supreme Court of Georgia's 26-member Commission on Indigent Defense recently completed a report that shows courts around Georgia are giving suspended jail sentences to indigent defendants without providing free legal representation in violation of the 2002 U.S. Supreme Court ruling in "Alabama v. Shelton." And the report also shows that those people are not being made aware of the risks of not having an attorney.
See report here
See report here
Tuesday, September 28, 2004
Articles regarding Caseload Crisis
The Kentucky Post
Report: State's defenders overtaxed
Snitch
Cranking up the caseload
"The title of 'Most Overworked Public Servant' is hotly contested."
Report: State's defenders overtaxed
Snitch
Cranking up the caseload
"The title of 'Most Overworked Public Servant' is hotly contested."
Monday, September 27, 2004
Press Release: Is Justice Being Jeopardized in Kentucky?
(Frankfort, KY, September 27, 2004) Forty years ago, in the landmark case of Gideon v. Wainwright, the United States Supreme Court declared “any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him.” As the justices said, “This seems an obvious truth.” Yet decades later has the promise of Gideon been fulfilled in Kentucky?
The Kentucky Department of Public Advocacy (DPA) represents over 120,000 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 lives. Every day in Kentucky’s 120 counties public defenders stand up for citizens who are accused by the Commonwealth of having committed a crime. Defenders insure the criminal justice process is fair, the result reached by jurors and judges is reliable, and that individual liberty is protected.
DPA has announced today its annual report of the numbers of cases and clients represented by public defenders during the last year. This report demonstrates that the quality of justice being provided by Kentucky’s public defenders is compromised by the continued significant increase in caseload. Findings of the most recent caseload report reveal:
· Overall cases rose to 131,094, up from 117,132 the previous year.
· Cases at the trial level increased by 12% during FY04.
· Cases have been steadily rising over the past four years. In FY2000, DPA had 97,818 cases. In FY 01, DPA had 101,847 cases. This increased to 108,078 in FY02, and again to 117,132 in FY03.
· Public defenders began FY04 with an average caseload of 484. DPA used additional revenue during FY04 to hire 10 new caseload reduction lawyers and placed them in offices with the heaviest caseloads.
· Public defenders ended FY04 averaging 489 new cases annually. Despite the hiring of the new caseload reduction lawyers in FY04, the average caseload has risen by 1.1%. DPA’s average caseload for its trial attorneys is 185% of the recognized National Advisory Commission’s national standards.
· In its 1999 report, the Blue Ribbon Group on Improving Indigent Defense for the 21st Century recommended that until funding was available to meet national standards, rural Kentucky public defender offices should carry no more than 350 cases per lawyer, while urban offices should carry no more than 450 cases per lawyer. DPA is now further away from meeting this interim goal.
· One office, Hazard, averaged in excess of 600 new cases per lawyer in FY04.
· Sixteen offices had average caseloads in excess of 500 new cases per lawyer.
· In the 1999 Blue Ribbon Group Report, it was found that the Department of Public Advocacy was near the bottom among all the states in per case funding. In FY 1998, the funding per case was at $187. In FY03, the funding per case was at $238. In FY04, per case funding declined 4.2% to $228.
· DPA represented 18,006 children and youth in FY04.
· Public defenders are now required to represent clients in drug court and family court in addition to circuit, district, and juvenile court. Defenders have received no new funding for their responsibilities in drug and family court.
In light of the Department’s most recent data, Public Advocate Ernie Lewis comments, “Is the quality of justice compromised when public defenders in Kentucky are being called upon to represent Kentucky accused citizens at 185% of nationally recognized standards? We are approaching that point when our public defenders are simply unable to perform their essential task of defending the accused due to these crushing caseloads. The people of the Commonwealth want to believe that the quality of justice provided an accused does not depend upon the money available to pay a lawyer. These caseloads threaten that fundamental belief.”
This Caseload Report will be presented to the Public Advocacy Commission at its meeting on October 1, 2004.
A full copy of the FY 2004 DPA Defender Caseload Report is available at the Department or Public Advocacy Website at www.dpa.state.ky.us .
The Kentucky Department of Public Advocacy (DPA) represents over 120,000 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 lives. Every day in Kentucky’s 120 counties public defenders stand up for citizens who are accused by the Commonwealth of having committed a crime. Defenders insure the criminal justice process is fair, the result reached by jurors and judges is reliable, and that individual liberty is protected.
DPA has announced today its annual report of the numbers of cases and clients represented by public defenders during the last year. This report demonstrates that the quality of justice being provided by Kentucky’s public defenders is compromised by the continued significant increase in caseload. Findings of the most recent caseload report reveal:
· Overall cases rose to 131,094, up from 117,132 the previous year.
· Cases at the trial level increased by 12% during FY04.
· Cases have been steadily rising over the past four years. In FY2000, DPA had 97,818 cases. In FY 01, DPA had 101,847 cases. This increased to 108,078 in FY02, and again to 117,132 in FY03.
· Public defenders began FY04 with an average caseload of 484. DPA used additional revenue during FY04 to hire 10 new caseload reduction lawyers and placed them in offices with the heaviest caseloads.
· Public defenders ended FY04 averaging 489 new cases annually. Despite the hiring of the new caseload reduction lawyers in FY04, the average caseload has risen by 1.1%. DPA’s average caseload for its trial attorneys is 185% of the recognized National Advisory Commission’s national standards.
· In its 1999 report, the Blue Ribbon Group on Improving Indigent Defense for the 21st Century recommended that until funding was available to meet national standards, rural Kentucky public defender offices should carry no more than 350 cases per lawyer, while urban offices should carry no more than 450 cases per lawyer. DPA is now further away from meeting this interim goal.
· One office, Hazard, averaged in excess of 600 new cases per lawyer in FY04.
· Sixteen offices had average caseloads in excess of 500 new cases per lawyer.
· In the 1999 Blue Ribbon Group Report, it was found that the Department of Public Advocacy was near the bottom among all the states in per case funding. In FY 1998, the funding per case was at $187. In FY03, the funding per case was at $238. In FY04, per case funding declined 4.2% to $228.
· DPA represented 18,006 children and youth in FY04.
· Public defenders are now required to represent clients in drug court and family court in addition to circuit, district, and juvenile court. Defenders have received no new funding for their responsibilities in drug and family court.
In light of the Department’s most recent data, Public Advocate Ernie Lewis comments, “Is the quality of justice compromised when public defenders in Kentucky are being called upon to represent Kentucky accused citizens at 185% of nationally recognized standards? We are approaching that point when our public defenders are simply unable to perform their essential task of defending the accused due to these crushing caseloads. The people of the Commonwealth want to believe that the quality of justice provided an accused does not depend upon the money available to pay a lawyer. These caseloads threaten that fundamental belief.”
This Caseload Report will be presented to the Public Advocacy Commission at its meeting on October 1, 2004.
A full copy of the FY 2004 DPA Defender Caseload Report is available at the Department or Public Advocacy Website at www.dpa.state.ky.us .
Friday, September 24, 2004
Stories regarding La. lawsuit
La. sued for failure in legal aid
The lawsuit is just the opening shot of a war, backed by powerful legal interests, against the state's public-defender system.
Public defenders swamped, suit says
Prisoners, poor face long wait for lawyers
Louisiana is the only state in the country to rely on revenue from traffic tickets and other citations, which can be an unreliable source of money, as a way to pay for indigent defense, according to the legal aid report.
About $9 million from the state general fund is given to the Louisiana Indigent Defense Assistance Board, which doles out the money around the state. Another $23 million or so is raised through court costs at the local level, said Edward Greenlee, executive director of the board.
That amount is considered relatively low when compared to other states. For example, Kentucky also spends about $30 million on public defenders, but it has only about 30 percent of the number of cases Louisiana public defenders handle annually.
The lawsuit is just the opening shot of a war, backed by powerful legal interests, against the state's public-defender system.
Public defenders swamped, suit says
Prisoners, poor face long wait for lawyers
Louisiana is the only state in the country to rely on revenue from traffic tickets and other citations, which can be an unreliable source of money, as a way to pay for indigent defense, according to the legal aid report.
About $9 million from the state general fund is given to the Louisiana Indigent Defense Assistance Board, which doles out the money around the state. Another $23 million or so is raised through court costs at the local level, said Edward Greenlee, executive director of the board.
That amount is considered relatively low when compared to other states. For example, Kentucky also spends about $30 million on public defenders, but it has only about 30 percent of the number of cases Louisiana public defenders handle annually.
Monday, September 20, 2004
Thursday, September 16, 2004
Monday, September 13, 2004
More news from Mass
From Mass AG:Building a more effective public defender system
Under our Constitution we have a responsibility to provide counsel to indigent criminal defendants at the state's expense. That right is not in dispute. But the best way for the Commonwealth to fulfill this obligation is very much in question. It is always hard to fashion a long-term solution when faced with a short-term crisis. But that is what we must do. Before concluding that more resources should be devoted to this obligation, a few things must happen.
Lawyer shortage is seen easing
More answer call to defend poor
Justice Francis X. Spina said that judges in the county have informed him that more private lawyers have come forward to represent poor defendants since he held a hearing Aug. 23 about the shortage, which stems from an ongoing pay dispute.
Under our Constitution we have a responsibility to provide counsel to indigent criminal defendants at the state's expense. That right is not in dispute. But the best way for the Commonwealth to fulfill this obligation is very much in question. It is always hard to fashion a long-term solution when faced with a short-term crisis. But that is what we must do. Before concluding that more resources should be devoted to this obligation, a few things must happen.
Lawyer shortage is seen easing
More answer call to defend poor
Justice Francis X. Spina said that judges in the county have informed him that more private lawyers have come forward to represent poor defendants since he held a hearing Aug. 23 about the shortage, which stems from an ongoing pay dispute.
Thursday, September 09, 2004
Juvenile prison expert reviews La.'s lockups
The news reporters were invited there to show that Gov. Kathleen Blanco has moved revamping Louisiana's juvenile justice system to the forefront of her administration's initiatives.
After months of waiting, the governor last week announced a specific strategy -- focusing more on treatment than incarceration.
She called in the expert, Mark Steward, to assess the state's prison system for young criminals.
As director of the Missouri Division of Youth Services, Steward has received accolades for a juvenile prison system that boast low rates of violence and repeat offenses -- two traits that plague Louisiana.
After months of waiting, the governor last week announced a specific strategy -- focusing more on treatment than incarceration.
She called in the expert, Mark Steward, to assess the state's prison system for young criminals.
As director of the Missouri Division of Youth Services, Steward has received accolades for a juvenile prison system that boast low rates of violence and repeat offenses -- two traits that plague Louisiana.
Battle over lethal injection playing out in courts
LOUISVILLE, Ky. -- Carol Weihrer knows firsthand how painful it can be when anesthesia doesn't kick in during a medical procedure.
The Reston, Va., resident felt every moment of a two-hour eye surgery, but she was paralyzed by another drug and could not alert doctors.
"It looked pretty boring," Weihrer said about a video of her surgery. "It was quite painful."
Weihrer's experience highlights the central argument in the latest debate over capital punishment.
Attorneys in at least a dozen of the 37 states that use lethal injection have pursued lawsuits claiming the procedure is unconstitutionally cruel because the anesthetic doesn't last through the entire procedure. They argue that inmates are exposed to excruciating pain when other drugs are injected into their systems.
The Reston, Va., resident felt every moment of a two-hour eye surgery, but she was paralyzed by another drug and could not alert doctors.
"It looked pretty boring," Weihrer said about a video of her surgery. "It was quite painful."
Weihrer's experience highlights the central argument in the latest debate over capital punishment.
Attorneys in at least a dozen of the 37 states that use lethal injection have pursued lawsuits claiming the procedure is unconstitutionally cruel because the anesthetic doesn't last through the entire procedure. They argue that inmates are exposed to excruciating pain when other drugs are injected into their systems.
Tuesday, September 07, 2004
David Feige Slate Article: Public Offenders - Why criminals in Massachusetts are getting out of jail free.
David Feige presented at last year's DPA Annual Seminar and is on the faculty for this fall's Litigation Practice Institute.
"The Romney administration should consider adopting a public defender system. Salaried public defenders are usually paid far less than the private lawyers who take cases by the hour; in Massachusetts, public defenders earn a starting salary of just over $15 an hour plus benefits. And though it's true that public defenders usually insist on carrying a smaller caseload than assigned counsel, a downside from the state's point of view, there is a good reason. Public defenders—most of whom represent the indigent for ideological reasons—care about caseload as well as cash. Ardent, committed public defenders like this are precisely who the state should be recruiting. And given that the single biggest predictor of the quality of a public defender's work is caseload, manageable caseloads are in the interest of any state looking to provide good, rather than constitutionally adequate, representation.
"Public defender offices provide additional benefits. Most offer ancillary services indigent defendants need including investigators, social workers, and lawyering that addresses homelessness, drug addiction, mental illness, and other problems that often bring defendants into contact with the criminal system in the first place."
"The Romney administration should consider adopting a public defender system. Salaried public defenders are usually paid far less than the private lawyers who take cases by the hour; in Massachusetts, public defenders earn a starting salary of just over $15 an hour plus benefits. And though it's true that public defenders usually insist on carrying a smaller caseload than assigned counsel, a downside from the state's point of view, there is a good reason. Public defenders—most of whom represent the indigent for ideological reasons—care about caseload as well as cash. Ardent, committed public defenders like this are precisely who the state should be recruiting. And given that the single biggest predictor of the quality of a public defender's work is caseload, manageable caseloads are in the interest of any state looking to provide good, rather than constitutionally adequate, representation.
"Public defender offices provide additional benefits. Most offer ancillary services indigent defendants need including investigators, social workers, and lawyering that addresses homelessness, drug addiction, mental illness, and other problems that often bring defendants into contact with the criminal system in the first place."
Friday, September 03, 2004
Wednesday, September 01, 2004
Kentucky Public Defenders Support Drug Summit Plans to Rescue State From Drug Problem
August 31, 2004 Press Release
KY Public Advocate and ABA President Support More Drug Treatment
Frankfort, KY - Kentucky Public Advocate, Ernie Lewis, and American Bar Association President, Dennis W. Archer, are backing ideas unveiled by Governor Ernie Fletcher at the Statewide Drug Control Assessment Summit press conference last week.
Those ideas include focusing on treating and rehabilitating drug users and increasing the number of drug courts and drug treatment facilities. The task force chaired by Lieutenant Governor Steve Pence, also wants to cut the waiting period for admittance to existing treatment programs and offer education programs for kids in schools.
"Governor Fletcher and Lieutenant Governor Pence saw that continuing to treat this issue in the same way that we have in the past was not good social policy," said Lewis. "Their vision was translated into a coordinated strategy that has clearly been a success. Now the serious work of implementation must begin. The Kentucky Department of Public Advocacy is committed to working in partnership with the Justice and Public Safety Cabinet and other stakeholders to secure the resources needed to effectively and compassionately combat this public health epidemic. I am particularly hopeful that this Summit will result in increased resources going into treatment in local communities, in correctional facilities, and through the important mechanism of drug courts. I will do everything I can as Public Advocate to support this important effort."
In a recent article in The Advocate entitled "It's Time to Get Smart on Crime", ABA President Dennis Archer agrees with a focus on increased treatment options for drug offenders.
"It isn't enough to just be tough on crime; (we) also need to be smart on crime", writes Archer.
"It's not enough to lock people up and throw away the key. To really make our communities safer, we also need to look at the other side of the coin: what happens after sentencing.
"If we invest resources while they are incarcerated in helping them prepare to reenter society - providing job training and treatment for substance abuse, for example - we make our communities safer by reducing the chance that ex-prisoners will return to a life of crime."
The idea of increased treatment has the full support of the Fletcher-Pence administration.
"The support of the DPA and ABA is key for the successful implementation of the Drug Summit recommendations" said Lieutenant Governor Pence. "With this strategy, I am confident that we can confront this scourge head-on and make a difference in our communities."
Tuesday, August 31, 2004
Monday, August 30, 2004
"Arbitrary and Capricious" blawg lauds Kentucky's Public Advocate
Link to Arbitrary and Capricious blawg.
"Ernie Lewis is a PD's PD. He's built a statewide program in Kentucky that's a model for the rest of the country, he's an outstanding lawyer, manager, trainer, and miracle worker, and he does it all while being one of the most courtly and least self-impressed people who you're ever likely to meet in the law.
"Lewis has been with the Department of Public Advocacy since he graduated from law school in 1977. This month he was re-appointed by the governor for a third term as Public Advocate for the Commonwealth of Kentucky. In 1996, when he was first sworn in, Lewis said, "I ask you to judge me by the vision of the right to counsel." Eight years later, you can see for yourself how the vision's been met, at several DPA webpages. "
"Ernie Lewis is a PD's PD. He's built a statewide program in Kentucky that's a model for the rest of the country, he's an outstanding lawyer, manager, trainer, and miracle worker, and he does it all while being one of the most courtly and least self-impressed people who you're ever likely to meet in the law.
"Lewis has been with the Department of Public Advocacy since he graduated from law school in 1977. This month he was re-appointed by the governor for a third term as Public Advocate for the Commonwealth of Kentucky. In 1996, when he was first sworn in, Lewis said, "I ask you to judge me by the vision of the right to counsel." Eight years later, you can see for yourself how the vision's been met, at several DPA webpages. "
Sunday, August 29, 2004
DPA Investigator Shane Beaubien in Murray article
Advocacy department, university partner.
Murray Ledger
"Shane Beaubien wanted to be a police officer. But he found an even better job."
Murray Ledger
"Shane Beaubien wanted to be a police officer. But he found an even better job."
Friday, August 27, 2004
Suit against La. indigent defense system to be filed
BATON ROUGE, La. -- A promised lawsuit that will seek court supervision of Louisiana's system of providing criminal defense lawyers for poor defendants is expected to be filed next week in Lake Charles, attorneys preparing the case say.
"The suit is being coordinated by the National Association of Criminal
Defense Lawyers in Washington, D.C.Similar lawsuits are pending in Mississippi,
Michigan, Montana, New York, Pennsylvania and Washington state. Another is being
prepared in Virginia"
Kentucky Drug Summit Final Report Released
Find the report here.
Below is a listing some of media reporting on the plan.
Governor Ernie Fletcher Launches Drug Control Policy Focused on Rescuing Kentucky Families and Communities From Drug Abuse
Plan to fight drug abuse outlined
FLETCHER OPEN TO USING CIGARETTE TAX MONEY
HERALD-LEADER
Fletcher says new state office will fight drugsGovernor pledges taxes won't rise
The Courier-Journal
Below is a listing some of media reporting on the plan.
Governor Ernie Fletcher Launches Drug Control Policy Focused on Rescuing Kentucky Families and Communities From Drug Abuse
Plan to fight drug abuse outlined
FLETCHER OPEN TO USING CIGARETTE TAX MONEY
HERALD-LEADER
Fletcher says new state office will fight drugsGovernor pledges taxes won't rise
The Courier-Journal
San Fran MAGIC to address youth violence
The San Francisco Public Defender's office has been involved in the creation of MAGIC a community based program to address youth violence.
Thursday, August 26, 2004
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.