Jonathan Rapping Archives - Talk Poverty https://talkpoverty.org/person/jonathan-rapping/ Real People. Real Stories. Real Solutions. Tue, 06 Mar 2018 20:49:29 +0000 en-US hourly 1 https://cdn.talkpoverty.org/content/uploads/2016/02/29205224/tp-logo.png Jonathan Rapping Archives - Talk Poverty https://talkpoverty.org/person/jonathan-rapping/ 32 32 The Crucial Element of Criminal Justice Reform That Nobody Is Talking About https://talkpoverty.org/2016/02/17/element-criminal-justice-reform-nobody-talking-about-public-defenders/ Wed, 17 Feb 2016 14:15:32 +0000 http://talkpoverty.org/?p=10910 Brendan Dassey, a 16-year-old with a developmental disability, was accused of rape and murder.

The police exploited his cognitive limitations to secure an unreliable confession. Prosecutors took advantage of his vulnerability to engineer his conviction. And the court refused to sufficiently correct these and other obvious injustices. Perhaps most troubling is the fact that Dassey’s own lawyer—who had been appointed by the court—assumed that his client was guilty and refused to investigate his claims of innocence.

All of this and more is explored in the much-discussed Netflix documentary series, Making a Murderer. It exemplifies exactly what the Supreme Court declared in the 1963 case, Gideon v. Wainwright: only with the aid of effective defense counsel is justice for all ensured.

Unfortunately, defendants across America have experiences like Dassey’s each and every day. Public defenders—who represent more than 80 percent of those accused of crimes—are dramatically under-resourced and overwhelmed. As a result, despite their devotion to their work, they are unable to live up to their critical role in a system that consistently tramples on society’s most marginalized members.

Now we have an opportunity to do something about it.

We are finally having a national conversation about our criminal justice crisis. But while many of the reforms offered are critical, calls for robust support for public defenders—which should be at the center of the discussion—are notably lacking.

Police, prosecutors, and judges often face pressures to rush to judgment. A capable defense attorney ensures that these professionals play by the rules. Defense counsel also brings to light relevant characteristics of the accused—including any history of mental illness or substance abuse—as well as many of the circumstances of the case that must be understood in order to reach a just verdict. Finally, the defense lawyer is best situated to challenge assumptions that are often made about poor people—including assumptions about how they should be treated—that too often lead to indifference towards the raw deal that many defendants receive.

Reformers are currently working to address some of the more obvious flaws in our criminal justice system, such as over-criminalization, draconian sentencing laws, and irresponsible pretrial detention practices. Collectively, these policies and practices facilitate the funneling of poor people into our nation’s prisons and jails.

However, even if we address these issues, the people dumped into the system will remain almost exclusively poor and disproportionately of color. Many officials who are responsible for administering justice will still fail to spend the time necessary to understand the accused and protect their rights. Public defenders will continue to have overwhelming caseloads, leaving them insufficient time to develop a zealous defense for their clients. Overall, there will continue to be an environment that spawns lawyers like Brendan Dassey’s—lawyers who come to understand their role as helping to facilitate the status quo rather than standing up to fight against it.

This is about more than providing increased funding to public defenders in order to reduce absurd caseloads. At Gideon’s Promise, which I co-founded with my wife, in addition to teaching defenders law and lawyering skills, we focus on the values and ethics essential to providing effective representation. Importantly, we give lawyers the tools and strategies to maintain these ideals in our pressure cooker of a justice system. Through training, mentorship, and community support, these defenders remain strong advocates for individual clients and, collectively, are a movement of change agents.

Put simply, we have to bring to scale this kind of deep support for public defenders if we are to change the embarrassingly low standard of justice we currently accept for the poor.

Numerous politicians, including the President, are speaking passionately about the need for criminal justice reform, but not enough discuss what we need to do to live up to the hallowed right to effective counsel.

If we are serious about criminal justice reform, we must ensure adequate resources for public defenders offices

A recent program on the role of the courts in addressing our criminal justice crisis illustrates the inherent problem of leaving public defenders out of the reform conversation. The panel included two prosecutors and a former federal judge. No one talked about the critical role of lawyers for the poor in realizing equal justice.   One panelist explained that he became a prosecutor because his experience in law school taught him that “[defense counsel has] the least amount of power in the courtroom and the prosecutor has the most.” The judge then shared her opinion that because of structural problems, “You can give public defenders gigantic resources and it will make no [material] difference.” These remarks, and the fact that there was no indigent defense advocate present to respond, reflect a view that public defenders are not critical to the criminal justice reform effort. Moreover, comments like these could encourage reformers to ignore the pressing need to support public defenders, and the real difference that such support can make.

If we are serious about criminal justice reform, we must ensure adequate resources for public defenders offices so that they can give every client’s case the time that they need and deserve. We must offer salaries commensurate with those afforded to prosecutors so that our nation’s most talented lawyers see public defense as a viable career option. But even resources and time will not transform a lawyer like Brendan Dassey’s into the advocate poor people need and deserve under the Constitution. We must also make sure that these lawyers have the training and support they need not only to perform well on the job, but to stay focused on the vital role they play and resist systemic pressures to abandon it.

Dassey’s co-defendant, Steven Avery, had the resources to hire a pair of excellent attorneys—the kind who would never ignore a client’s claims of innocence. The difference in the quality of representation that the two defendants received cannot be overstated. Had Dassey been able to afford similar counsel, he would likely be home today.

For every Steven Avery there are tens of thousands of Brendan Dasseys. And until we make the investments we need to protect the most vulnerable members of our society, the justice reform we seek will remain elusive.

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Public Defenders Key to Reducing Mass Incarceration https://talkpoverty.org/2015/10/28/public-defenders-key-reducing-mass-incarceration/ Wed, 28 Oct 2015 12:55:00 +0000 http://talkpoverty.org/?p=10357 The well-known introduction to Law & Order—the longest running legal series in TV history—is indicative of the criminal justice narrative that dominates American thinking:

“In the criminal justice system, the people are represented by two separate, yet equally important, groups: the police, who investigate crime; and the district attorneys, who prosecute the offenders. These are their stories.”

Police and prosecutors are the good guys in white hats.  Those accused of crimes are threatening and already presumed to be “offenders.”  And defense lawyers—the men and women who protect the rights of the accused—are rendered irrelevant.  We see this narrative dominant not only in our culture, but in our policy and politics today.

Even last week, President Obama ignored the role of public defenders in a panel he convened on criminal justice reform, a long-neglected issue I applaud him for tackling.  The panel included a police chief and a federal prosecutor but no defense attorney, much less a public defender. Like every set of recommendations introduced since this conversation began, the discussion failed to include public defenders as part of a broader reform strategy.

This devaluing of defense counsel is completely contradictory to our democratic ideals.  Our system recognizes counsel for the accused as essential if we are to achieve equal justice.  The Supreme Court said as much in Gideon v. Wainwright when it ruled that poor people accused of crimes must be provided counsel.  The Court recognized that without lawyers there can be no justice, for it is through counsel that all other rights are protected.

That decision was made in 1963, and we understood from experience that we could not always count on the judicial system to protect society’s most vulnerable members.  Poor people, and especially African Americans, had too often been treated abhorrently, and Gideon demanded that—through the right to counsel—there would be greater protections against such treatment in the realm of criminal justice.

Indeed, our nation came to understand the defense lawyer as heroic.  We rooted for lawyers like Atticus Finch in To Kill a Mockingbird, published in 1960 and awarded an Oscar for the film adaptation the year of the Gideon decision. We understood the criminal justice arena as a civil rights battleground, and the defense lawyer as critical to challenging a system that is inclined to trample the rights of the poor if left unchecked.

But as a “tough on crime” mindset took hold of the public psyche over the past four decades, we forgot the importance of our constitutional obligation to protect the vulnerable.  Instead we have created a community of “others”—almost exclusively poor and non-white—which needs to be monitored, controlled, and isolated from the rest of us.  In our rush to punish, the right to counsel gets short shrift as we fail to provide adequate resources so that defense lawyers can serve all of their clients effectively.

As a “tough on crime” mindset took hold of the public psyche, we forgot our constitutional obligation to protect the vulnerable.

Indeed, we have cheered law enforcement while demonizing the populations that are locked up and the advocates who speak for them.  In doing so we have fueled our generation’s greatest civil rights crisis—mass incarceration.   Of the 2.2 million people locked up in America, almost all are poor, and disproportionately of color.

And who represents the people who are being locked up? Public defenders, who serve roughly 80 percent of all of the accused. As a result of our under-investment in these vital public servants, many poor people are forced to rely on lawyers who may juggle 800 cases annually, or are so overwhelmed that they can only spend several minutes on any particular client. John Oliver brought national attention to this problem earlier this year. He highlighted how, for example, some New Orleans public defenders were limited to seven minutes per case, and their office was so under-resourced it had to resort to Kickstarter to raise needed funds.

If we want lasting criminal justice reform and a real end to mass incarceration, we must reverse this practice of ignoring the need for a strongly supported system of public defenders.

We can change laws designed to govern how police, prosecutors, and judges do their jobs, but if we do not adequately support public defenders so that they can point out when the rules are broken, violations will go undetected.

We can devise alternatives to incarceration, but if lawyers do not have the time and resources to unearth mental health issues, substance abuse problems, and other important life circumstances, judges will not have the information they need to ensure just outcomes.

The current national conversation offers us our best shot at comprehensive criminal justice reform since Gideon v. Wainwright.  If we truly care about justice and liberty for every American accused of a crime—regardless of income—then we need to stop treating this conversation as though it were an episode of Law & Order.

Public defenders—and how we as a nation support and invest in them—must be at the center of the reform debate.

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The Other Baltimore Story: Ronald Hammond and ‘Routine Injustice’ https://talkpoverty.org/2015/05/15/baltimore-story-ronald-hammond-routine-injustice/ Fri, 15 May 2015 13:00:18 +0000 http://talkpoverty.org/?p=7153 Last week, the Department of Justice (DOJ) announced that it would investigate police practices in Baltimore in the wake of demonstrations sparked by the death of Freddie Gray. The next day the tragic story of Ronald Hammond appeared in the Baltimore Sun. Hammond grew up in foster care, suffered from depression, and became addicted to drugs. He was on probation for selling $40 worth of cocaine when he was caught with $5 worth of marijuana. For this minor infraction, Judge Lynn Stewart-Mays revoked his probation and sentenced him to twenty years in prison. Presumably, the judge believes this punishment is consistent with justice. The prosecution continues to defend the draconian sentence. Other than the public defender who is fighting for Hammond’s freedom, everyone else in the system seems to view Hammond as just another expendable life in Baltimore.

That the DOJ is now investigating the Baltimore shooting is a testament to the fact that the nation has suddenly awakened to the disregard that some police departments have for the lives of our most marginalized citizens. In Freddie Gray’s case, a cell phone video helped to publicize the abuse, and then widespread demonstrations forced public officials to pay attention.

But as egregious as the police conduct is in these killings of unarmed black men, it is routine injustice – the utter disregard for the humanity of those arrested and processed every day, often for minor offenses – that wreaks far more havoc on the poorest people in our nation. For every person killed by a police officer, tens of thousands are arrested and processed into prison cells. Ronald Hammonds flood our overflowing penal system, with 2.2 million people now sitting in America’s jails and prisons. They come out incapable of securing housing, employment, or educational loans. Many are not allowed to participate in the democratic process. They are literally rendered second-class citizens.

This routine injustice has destroyed countless lives, families, and communities. But we are so used to it that there is no sense of public outrage. And yet, every day, judges, prosecutors, and elected officials help perpetuate this system, and there are no cell phone videos to record it or demonstrators out there demanding change.

However, there is, in theory, a built in protection against routine injustice – the right to counsel. Lawyers are the guarantee that people will have their voices heard. But Hammond did not have a lawyer when he admitted to possessing marijuana. Fifty-two years after the Supreme Court made clear in Gideon v. Wainwright that the lawyer is the engine necessary to ensure justice, our nation’s public defenders are overwhelmed, under-resourced, and unable to ensure every person brought so carelessly through the system is treated justly.

As egregious as the police conduct is in the killings of unarmed black men, it is routine injustice that wreaks far more havoc on the poorest people in our nation.

But despite these challenges, our public defenders fight mightily—even as most others in the judicial system wish they would just go away and stop interfering with the “efficient” processing of people who are arrested.

The protests in response to the killing of Freddy Gray were led by members of neglected communities throughout Baltimore who denounced the inhumane treatment they receive at the hands of city officials. But the official response only reinforced the demonstrators’ position that their lives are devalued by those in power. While a relatively small group of protesters engaged in destructive behavior, police declared war on all demonstrators. In the first week nearly 500 protesters were arrested, many illegally – swept up for simply being in the vicinity of protests.

Officials in Baltimore showed no regard for the rights of those they rounded up and jailed. Rather than questioning the decision to deal with protesters by locking them up, Governor Hogan facilitated this response. He immediately suspended a Maryland rule that requires anyone detained by police to be brought before a judicial officer within 24 hours to ensure that no one is illegally deprived of their liberty. The Governor’s position was clear: if the rules designed to protect individual liberty make it difficult to process arrestees, they can be disregarded.

Nearly half of this wave of arrests occurred on a single day. Because of the rioting – which Dr. Martin Luther King once described as “the language of the unheard” – the Governor closed the courts the next day. Judges and prosecutors took the day off.   As a result, many protestors were held for two days without any charges being filed, only to be released with no apology for the infringement upon their rights. Never mind the toll these illegal detentions may have taken on the detainees’ employment status, family obligations, or other commitments.

But if no one else felt a sense of urgency about this situation, the city’s public defenders did. They immediately mobilized to challenge illegal detentions and to visit terrified citizens who otherwise would have had no idea why they were being held or what to expect next. They worked throughout the day to interview the detainees and to ensure that their rights were protected. What these public defenders found was jarring.

One public defender described the conditions under which the protesters were confined—many of them “held for days even though they hadn’t been charged with any crime.” There were fifteen women in one cell that was designed to hold a few people for a few hours. Each cell had one sink and one toilet. Water was scarce – the women were instructed that the water from the sink was not safe for drinking. There were no beds, pillows or blankets. There was not enough room for all of the women to lie down at the same time. The women were given four pieces of bread, a slice of American cheese, and a small bag of cookies three times a day. The women didn’t want to eat the bread, so instead they used the slices as pillows “so that they wouldn’t have to lay their heads on the filthy concrete floors.”

By the time the rest of the criminal justice system returned to work on Wednesday, the public defenders had succeeded in demonstrating the illegality of many of these detentions and as a result nearly half of the arrestees were released without charges ever being filed.

But against the backdrop of the demonstrations, this story of how arrested citizens were treated received little attention.   This routine indifference is the story of criminal justice in America. While the six officers charged in the killing of Freddy Gray are back home, many of the Baltimore protesters continue to be held on bonds they are unable to afford.

While cell phone video has helped to tell the story of deadly police abuse, the story of routine injustice is being told by public defenders. They took to social media, television, and blog posts to document the egregious treatment of those arrested.   They served as the voice for people who would otherwise be voiceless. Baltimore shows how, collectively, public defenders who speak on behalf of marginalized people and communities remind us of their humanity and how we all should be treated.

While public defenders have largely been ignored in the conversation about how to reform our broken criminal justice system, as events in Baltimore demonstrate, they are an essential part of the solution. And while it is encouraging to see outrage over what happened to Freddy Gray, justice demands that we muster equal outrage over the Ronald Hammonds of the world, and that we support our public defenders who are trying to make things right.

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Mississippi Judge Bars Public Defenders from Representing Clients https://talkpoverty.org/2015/03/20/public-defenders-mississippi/ Fri, 20 Mar 2015 13:00:16 +0000 http://talkpoverty.org/?p=6581 Continued]]> Congressman Bennie Thompson (D-MS) is asking the Department of Justice to investigate recent events in Hinds County, Mississippi, where a judge is refusing to allow public defenders to represent their clients in his court.

Judge Jeffrey Weill seems to believe public defenders should be more deferential to him and less passionate in the representation of their clients.  Apparently disapproving of the zealous advocacy of one public defender, Judge Weill removed her from all of her cases and, according to Public Defender Michelle Harris, to identify any specific behavior that violated the lawyer’s professional obligations to her clients, or the court.  In doing so he has disrespected the right to counsel for the poor. When the Hinds County public defender office refused to abandon those they are charged with serving, and collectively resisted Judge’s Weill’s attempts to further interfere with their representation of clients, he held an attorney and the head of the office in contempt.

This case is yet another example of local authorities disregarding the rights of our most vulnerable citizens.  It should leave every person who is concerned about justice troubled.  Wielding power to interfere with fundamental rights of the least powerful is exactly what our Founding Fathers feared the most.  Few things could be less consistent with what our Constitution demands of those given the privilege to preside as judge.  Many of us are a paycheck away from needing the services of the public defender should we be wrongly accused of a crime.  The citizens of Hinds County are fortunate to have a public defender willing to fight for their constitutional rights.  They should demand their judges do the same.

Our Founding Fathers valued liberty above all else, and in the 6th Amendment guaranteed every individual a lawyer to ensure a fair fight, whenever liberty was at stake. In a nation committed to equal justice, the public defender is essential to ensuring that one’s ability to protect his or her fundamental rights does not depend on income.

For every person accused of a crime who can pay for a lawyer, four more are too destitute to do so.

Sadly, public defenders are often not given the respect and support they need to protect the most vulnerable among us.  Since our poorest citizens are prosecuted and punished more than those with means, true justice remains elusive.  For every person accused of a crime who can pay for a lawyer, four more are too destitute to do so.  Public defenders are left to fight back against a system that has accepted an embarrassingly low standard of “justice” for the poor.

No one should respect the critical role of defense counsel more than a judge.  Judges should be committed to protecting the most marginalized and supporting those who advocate for them.  But some judges, like Judge Weill, apparently think the courtroom belongs to them, rather than the public.  They think they can dictate how a lawyer defends her client and somehow still be impartial.  That kind of behavior is a great threat our democracy.

This case is particularly shameful, but it is hardly unique. Across the country we see judges who abuse their power at the expense of the powerless, and only when public defenders are treated with the respect and dignity they deserve can this situation be corrected.

 

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Continuing the March of the Civil Rights Warriors in Selma https://talkpoverty.org/2015/02/04/continuing-march-civil-rights-selma/ Wed, 04 Feb 2015 17:46:59 +0000 http://talkpoverty.org/?p=6220 Continued]]> I recently watched Selma, a stirring movie about the work of Dr. Martin Luther King and so many others who sacrificed to make our nation live up to its most cherished ideals of equality and liberty for all Americans. Like many others, I left feeling the film is as much a reflection of battles we are fighting today as it is about civil rights victories of the past. But I viewed these parallels from a unique point of view. As the President of Gideon’s Promise, an organization that trains and supports public defenders in some of our nation’s most broken criminal justice systems, I work with lawyers who are on the front lines of arguably this generation’s most important civil rights struggle—the effort to reform America’s criminal justice system. If we are to fix this national civil rights crisis, public defenders will have to be part of the solution.

Selma is set in 1965, and—just as we did 50 years ago—we continue to view some lives as less valuable than others. We still embrace an embarrassingly low standard of justice for our most marginalized populations. We persist in promulgating policies that ensure certain communities will never be able to fully participate in our society.

2.2 million people are incarcerated at any given time in America, far more than any other country in the world. Nearly 6 million have lost the right to vote because of a criminal conviction. Countless others are rendered ineligible for student loans, public housing, benefits necessary to care for their families, and employment opportunities. The victims of this injustice are almost exclusively poor. They are disproportionately people of color. Our race- and class-based system of mass incarceration is tearing apart families, destroying communities, and making it almost impossible for children of incarcerated parents to ever break the cycle. So, much like 50 years ago, we need a movement to address this civil rights imperative.

Like any other feature-length movie focusing on a complex event, Selma was reduced to a simplified narrative in which the heroes overcome adversity to achieve victory—the passage of the 1965 Voting Rights Act. But, as much as Dr. King sought to push for policy reform, his larger vision demanded much broader transformation.  He understood that while a law can temporarily force those with a warped sense of justice to change their behavior, true equality only occurs when we collectively embrace it as a fundamental and inviolate American value; when we reshape our culture into one which truly views each and every citizen as deserving of respect and dignity.  King fought not only for legislative victories, but also the transformation of the hearts and minds of Americans. Selma was part of a broader campaign designed to shine a light on the inhumane treatment of African Americans and awaken our national consciousness to the fact that this behavior violates our greatest ideals.

We still embrace an embarrassingly low standard of justice for our most marginalized populations.

Likewise, if we are to realize equal justice today, we must work to transform a criminal justice narrative that assumes people in our poorest communities are somehow inherently dangerous; that measures justice by the harshness of the punishment; that lumps the world into categories of “us” and “them” with law enforcement as “the good guys” and those they police as “the bad guys.” Strategies to reform unjust polices are necessary. Of course we must scale back the criminalization of an ever increasing index of behavior. Certainly we should end a system of bail that detains people pretrial simply because they are too poor to pay the bond that is set. We absolutely need to reform overly punitive sentencing laws.

But if we do not change the fact that we have come to equate justice with punishment and to associate the most negative qualities with race and class, equal justice will remain elusive. Those who administer our justice system will continue to disproportionately monitor, arrest, prosecute, and punish poor people and people of color. We must work to transform our assumptions about our most marginalized populations and how they deserve to be treated. So, while policy reform plays an important role, as was the case 50 years ago, we need a movement to transform the hearts and minds of a nation.

Public defenders can help to drive this campaign. With 80 percent of people accused of crimes too poor to afford an attorney, public defenders are the voice of our impoverished communities in the criminal justice system. By organizing public defenders, we can harness the collective voice necessary to speak up for the humanity of people in these communities and to infuse the system with values essential to justice.

A movement of public defenders has the power to reframe the criminal justice narrative in this country—an essential precursor to sustaining a movement for reform. Lawyers for the poor have the opportunity to humanize their clients every time they speak in court. Public defender leaders can spread the message more broadly as they speak on behalf of the populations they represent in meetings with judges, policymakers, and the community. There are thousands of public defenders across the nation speaking for millions of people whose voices are routinely ignored or dismissed. Their clients are frequently cast as demons, when in fact they are the people who bag our groceries, care for our children, and serve us in restaurants. Most Americans are a paycheck away from needing a public defender. Yet, we do not see people caught up in the criminal justice system as part of our shared community. Until we see these lives as just as valuable as the lives of people we care about, we will not have equal justice. We must mobilize this army of advocates to achieve that transformation of hearts and minds.

That is how we will continue the march that so many heroic civil rights warriors began in Selma.

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Need a Lawyer? Sell Everything https://talkpoverty.org/2014/12/15/need-lawyer-sell-everything/ Mon, 15 Dec 2014 14:00:47 +0000 http://talkpoverty.abenson.devprogress.org/?p=5557 Continued]]>

In 1963, the Supreme Court declared that states are obligated to provide a lawyer to anyone accused of a crime who cannot afford one. In Gideon v. Wainwright, the Court made clear that a lawyer is essential to ensure justice is served and liberty is protected—that laypeople cannot possibly safeguard their own liberty in a complex system of law and procedure without a lawyer.

Yet, more than 50 years later, some jurisdictions deprive low-income people of the right to counsel simply because they own property or hold a job.

Imagine you are accused of a crime. Your government devotes vast resources to take you from your family and lock you away. You know you need a lawyer in order to prove your innocence. The judge demands that you sell your house to pay for one.  Few scenarios are less consistent with our nation’s ideals.

Welcome to criminal justice in much of America today, where too often the test of whether a person can or cannot afford a lawyer is so extreme that even the most indigent of defendants may be deemed unworthy of counsel. I was reminded of this as I watched a news story out of Orlando, Florida, entitled Taxpayer Money Wasted on Undeserving Defendants.  The title made me wonder who the reporter understood as undeserving of the essential right to counsel.

The story showed three examples of people who were allegedly “defrauding” the system by requesting lawyers.  Evidence that the first man could afford a lawyer was the fact that he owned a home.  Another man presumably exemplified the term “undeserving” because he owned a car.  The third example was an unemployed man who requested a public defender.

The ability to get justice in this country has become a luxury reserved for the rich. This is not Gideon's Promise.

A judge, held up in the story as a model jurist, interrogated the third man for daring to ask for a lawyer.  The man explained that he mowed lawns “off the books” on occasion to earn money.  That was all the judge needed.  She accused him in open court of trying to bilk the taxpaying audience of their money and denied him counsel.  The message is not subtle: anyone who owns something of value, or has any income, is undeserving of a lawyer funded by the state.

Perhaps the most troubling aspect of the story is that the call to deprive counsel to these people who were just making ends meet was led by “several local attorneys.”  Despite all of the taxpayer dollars used to mindlessly police, prosecute, and incarcerate poor people, these lawyers were most concerned that people hovering just above the poverty line might obtain court-appointed lawyers.  Far too many lawyers prey on people who—in their effort to prove their innocence—are forced to mortgage their homes, or borrow money they cannot afford to pay back.  Far too often these lawyers do little to deliver on their promise to provide quality representation.  One has to wonder if the real incentive of these “whistleblowers” in Orlando is that they hope to be able to squeeze these defendants once their request for a public defender is denied.

The story reminded me of countless anecdotes I have heard from public defenders across the country about judges who deny court appointed counsel because a defendant has a decent watch, jewelry, or nice clothes.  It also reminded me of a recent news story out of Waco, Texas where the county assigned a sheriff’s detective to investigate poor defendants who request counsel.  The detective visits their homes and tells them that if he determines they have been misleading in their application they could face a felony charge of tampering with government property.  (The detective also said he tells people they are required to talk to him according to the application they signed, even though the application includes no such agreement.)  Predictably, the threat causes many people to withdraw their application.  Certainly, even many honest people prefer to avoid the increased scrutiny of the law.  This is particularly true among populations that already have a distrustful relationship with law enforcement.  Lauding the cost-savings of such intimidation, the county’s indigent defense coordinator called it “helpful” and said that in a single week “several people just said, ‘I don’t want to deal with this, I don’t want to have to be bothered by the detectives — just throw my application away.’”

Clarence Earl Gideon was the Florida man behind the Supreme Court case that guarantee a lawyer to every person accused of a crime who cannot afford one.  Although he is frequently used as the symbol of the right to counsel, Gideon—who survived by doing odd jobs—ironically would likely be deemed undeserving in Orlando if he were accused today.

Most working people in this country live paycheck to paycheck.  Once wrongly accused, a good lawyer costs thousands of dollars.  It is a necessity most people simply cannot afford.  The ability to get justice in this country has become a luxury reserved for the rich. This is not Gideon’s Promise.

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One of the Most Important Civil and Human Rights Battles of Our Time https://talkpoverty.org/2014/11/10/human-rights-battles-of-our-time/ Mon, 10 Nov 2014 15:00:54 +0000 http://talkpoverty.abenson.devprogress.org/?p=5199 Continued]]> Criminal justice systems across the country have come to accept, and perpetuate, a shameful standard of justice for poor people.  The basic humanity of the indigent accused is too often denied, and the democratic necessity of access to effective counsel is too often ignored.

Gideon’s Promise is a movement of hundreds of public defenders nationwide who are working together to change this unacceptable status quo.

In 1963, when Martin Luther King, Jr. delivered his “I Have a Dream” speech at the March on Washington for Jobs and Freedom, civil rights abuses were prevalent and devastating in the arena of criminal justice. So it is no coincidence that during that same year, the United States Supreme Court sought to address the role that race and class played in the administration of criminal justice.

In Gideon v. Wainwright, the Supreme Court required that the state provide poor people accused of a crime with an attorney.  It noted that a layperson simply cannot effectively navigate the labyrinth of laws and procedures that make up the criminal justice system.  Only the right to counsel would ensure that a person accused of a crime would receive justice.

But the right to counsel is only meaningful if state-appointed attorneys have the same skill, training, resources, and level of commitment as lawyers who represent people with means.  As I began working on criminal justice reform efforts across the South a decade ago, I saw systems that fell far short of providing basic standards of representation for poor people. I met countless young public defenders who had begun their careers filled with enthusiasm, only to have the passion beaten out of them by a system that effectively expects public defenders to help process poor people into prison cells.

There is no greater threat to equal justice than when our public defenders are beaten into submission.

These lawyers were deprived of the resources, training, and support they needed to live up to their constitutional obligation. They were forced to handle crushing caseloads that didn’t allow them to give the time their clients deserved and needed. Many began to feel hopeless and eventually quit. Others were worn down, resigned to the status quo. A few remained inspired, continuing the Sisyphean task of fighting a system that had abandoned its quest for equal justice. But all too often these individuals were like a lone voice screaming against a deafening wind.

In 2007, my wife and I founded Gideon’s Promise to build a strong community of public defenders who would have the training and support necessary to immediately improve the standard of representation for their clients.  We wanted to develop this community into a movement—one focused on changing a criminal justice culture that is anything but just, and pushing back against the forces that pressure public defenders to simply process clients.

Gideon’s Promise began with just 16 young public defenders drawn from two offices.  To date, more than 300 public defenders in 15 states have participated in our initial, three-year training and support program. A national faculty comprised of more than 60 experienced public defenders volunteer as our trainers and mentors.  We have added programs that serve our graduates, senior lawyers, and public defender leaders. With more than 35 “partner” public defender offices, Gideon’s Promise is changing the landscape of public defense for tens of thousands of people who depend on court-appointed counsel each year. Through partnerships with law schools, we are also creating a pipeline for recent graduates to join our effort where the need is greatest. Finally, by working with jurisdictions across the nation to share our model, Gideon’s Promise has indeed evolved into a comprehensive movement of inspired public defenders committed to transforming criminal justice in America.

There is no greater threat to equal justice than when our public defenders are beaten into submission.  At that point, a poor person accused of a crime has no chance. But through a strong and supportive community like Gideon’s Promise, lawyers for the poor can stay inspired and continue to fight one of the least popular, but most important, civil and human rights battles of our day.

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