PD News Notes

In Santa Clara County, CA, the district attorney is systematically removing one judge from all criminal cases in retaliation for the judge’s decision to dismiss a prosecution because the judge found that the prosecutor had lied and concealed exculpatory evidence.

The Government Accountability Office (GAO) says the new “backscatter” scanners the TSA wants to put in most airports would not have prevented the attempted Christmas Day “bombing.” (Ok, so no direct connection to indigent defense, but definitely relevant to all of us concerned with civil liberties and constitutional rights. You know, the whole idea of an “expectation of privacy” relies on us, collectively, asserting our expectations rather than letting the government constantly reduce and erode them. No big deal.)

The NYTimes has a followup today on the NY ACLU lawsuit for better indigent representation in that state (mentioned here). It provides background on the life of the named plaintiff, Kimberly Hurell-Harring, and her questionable counsel, Pat Barber, who sadly may have provided the kind of representation that leads William Glaberson to write that:

It is an article of jailhouse faith that poor people get what they pay for in lawyers: Nothing.

Great. This sounds like a great argument for why ad-hoc public defender contracts don’t work. There was no one monitoring Mr. Barber to realize that he simply did not have what it took to do the work. Such a system relies on judges and prosecutors to realize the defender is not doing his job, and why would they want to blow the whistle on someone who just makes their jobs so much easier? (Yes, I am cynical.)

Elsewhere, Minnesota’s tight budgets are putting a big strain on the courts and public defenders. In San Francisco, public defenders are drafting motions for new trials in cases where former crime lab tech Deborah Madden testified. Madden is now on probation for a domestic violence conviction and is under investigation for stealing cocaine from the crime lab. Oops.

On a more positive note, folk singer Billy Bragg has imported his Jail Guitar Doors initiative from the UK to the U.S. with a debut recently in Austin for SXSW. It’s mission is rehabilitation:

Jail Guitar Doors USA seeks a more fair and just America. We are a non-profit program that provides musical instruments and opportunities to help rehabilitate prisoners. We organize prison out-reach programs and produce public concert events. We advance new solutions to diminish prison violence. We support organizations that engage in policy reform efforts and partner with social service groups to help people in prison reconnect with the outside world.

Nice. More info here, including contact info in case you want to see about bringing the program to a jail near you.

Also on the positive side (maybe?), Wisconsin just expanded financial eligibility for the appointment of a public defender, raising eligibility from “the antiquated 1987 AFDC limits to current W-2 limits, which generally are 115 percent of the federal poverty level.” And get this: “The legislation authorizes hiring 32 new SPD staff attorneys and 17 support positions to accommodate the anticipated increase in the State Public Defender’s caseload.” Wow. While every other state is all about budget cuts, Wisconsin is actually moving to make sure indigent defendants get the representation they deserve. What’s going on in Wisconsin? Whatever it is, I wish it would spread…