Fayette County's president judge and the head of the local district justice association have recommended that county officials find a way to increase staff in the public defender's office.
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
A recently filed class-action lawsuit claims that the Indigent Defender Program in Calcasieu Parish is woefully under funded.
The lawsuit contends that the program can't provide the constitutional right to adequate legal counsel when poor people face criminal charges.
The lawsuit contends that the program can't provide the constitutional right to adequate legal counsel when poor people face criminal charges.
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."
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