Balancing budgets on the backs of the indigent accused.

Everybody in the public defender world is talking about the NYT article from last week about PD offices refusing cases because they don’t have enough resources to adequately handle all the clients being assigned to them. It’s sad, and something rather difficult to understand. What are we saying to these people? “I’m sorry, you do have rights guaranteed by the U.S. Constitution but we just can’t afford to honor those rights at the moment. Maybe if you find yourself penniless and accused of a crime in a few years things will be better.”

I’m sure Scoplaw might have much more to say about this if he weren’t in the middle of it. I can’t fault any of these offices around the country who are refusing cases for lack of resources, but what I don’t understand are judges who are ruling that this is ok. It’s not ok, not by any stretch of the imagination. I guess at the moment the judges, like the PD offices, have little choice. But where are the lawsuits from the ACLU or other groups against state and local governments for failing to meet their constitutional obligations? Times are tough, but this is one governmental function that can’t just be cut — especially when we’re not cutting the ranks of cops and prosecutors.

Meanwhile, public defenders in Minnesota are moonlighting to make ends meet. (Not that I’m in favor of paying PDs any less anywhere, but the salary mentioned for Ms. Sherman is more than I was making and her monthly loan payments are half of what I have, so what is she doing with her money?)

One thing is certain: Now is a very bad time to be looking for a job as a public defender.

Comments

2 Comments so far. Leave a comment below.
  1. There are usually open PD spots in Wyoming–and they pay the same as the AG’s office. Of course, you’re already familiar with the travails of the area. I can’t imagine that you’d be happy anywhere but in Laramie or Cheyenne (maybe Jackson, but the cost of living creates problems).

    What I can tell you is that despite the dedication of the criminal defense bar, our state can always use more great defense lawyers, and I believe that you fit the bill.

  2. Heh,

    Here’s a thought to pay PD’s, raise the fees to bring a suite.

    You can have a group or set of plaintiffs bring a suite for one set price,
    but defense?

    Each party pays a fee.

    Plaintiffs need to pay more and file as induviduals.

    making a defense pay 4x the amound per party is ridiculous. Let everyone pay high prices equally :)

    It seems unbelievably juvenile, but hey, that’s capitalism.

    Justice is blind,
    and its wallet is empty.

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