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.
Thursday, September 09, 2004
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.
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