"A big proponent of the right of self-representation"

On the eve of Supreme Court argument in Indiana v. Edwards, Professor Erica Hashimoto drops by Concurring Opinions to validate public defender client perceptions that - yes, we're abysmal, and - yes, we're in cahoots with the government.

Comments are open. I think it was someone from the defense perspective who once commented, "Frankly, Professor Hashimoto is off her rocker."

See also, Prevention Not Punishment, "Should Inmates with Severe Mental Illness Be Allowed to Represent Themselves?"

IN: a criminal defense lawyer, a recovering meth addict, but not a convicted felon

From the Evansville Courier and Press:

Happe resumes treatment, hopes to restart law practice

For Brad Happe, the moment of truth arrived around 8:30 p.m. Friday as 12 jurors returned to a Vanderburgh County Superior courtroom after four hours of deliberation. If convicted, the 30-year-old Evansville attorney faced six years to 20 years in prison on two methamphetamine - related charges.

"(Defense attorney) John Brinson told me to give my wallet and watch to my parents, because if they found me guilty, I was going to be taken to jail right away," Happe said. "That was the scariest moment." When jurors announced Happe was not guilty on both counts, he first thanked Brinson, then the jury, then his family and friends...

The bumpy road Happe has been down began at a party years ago, where he said he first tried methamphetamine... Happe said a 2006 conviction on a misdemeanor charge of visiting a common nuisance led to his ongoing recovery effort. In that case, he pleaded guilty after being accused of leaving a place where meth was manufactured... "This is a lifelong process," he said of his recovery.

Happe says his plans are to resume his career in criminal defense when he returns to Evansville in several months. "I'll be able to identify with my clients much more now," he said. "I'll understand where they are coming from because I went through the whole process. A client who comes to me will get someone with a unique perspective..."

IN: another p. d. jailed for contempt

From the Fort Wayne News - Sentinel:

Attorney arrested after missing hearing - Public defender said he was in another court

A public defender who failed to appear for a client’s sentencing hearing Friday found himself on the other side of the law hours later – arrested and booked into Allen County Lockup on a direct contempt of court charge. Allen Superior Court Judge Kenneth Scheibenberger ordered an arrest warrant for 43 - year - old Quinton L. Ellis when the lawyer did not show up for the sentencing of Dixon W. Boughman... Boughman was to be released Friday because he had already served enough time in jail...

“I think it was extreme under the circumstances,” said Ellis of the judge’s decision. “I know he has fined other attorneys...” “He’s a good lawyer, an excellent lawyer,” Scheibenberger said. “He’s just not very organized...”

IN: copygoat crime

It seems that the recent goat - at - large arrested in Twin Falls, Idaho was not the first, just the latest, of a wave of hooved delinquents. Last month's most wanted, from the Herald Argus:

They got their goat! - Animal that wandered across highway Wednesday taken in by Howmet employees

Billy was apprehended by police shortly before 9 a.m. Wednesday outside Howmet. According to La Porte City Police Officer Nate Thode, no charges will be filed against the goat. He was taken away without incident, he said.

“He’s in custody,” Thode said with a smile. “We’re not charging him with anything.” The goat incident even resulted in a police report. No word on whether the goat got a copy, and if so, whether he ate it...

IN: the kids aren't all right

Courtesy of Liz at I Speak of Dreams, a series in the Indianapolis Star on problems in the county juvenile justice system:

Danger zone - A system intended to rehabilitate kids has its own problems: overcrowding, lack of due process, sex abuse charges

Defenseless children - Young defendants often lack legal counsel

Juveniles in Marion County and the rest of Indiana routinely have their rights to legal representation waived before consulting with a public defender or private lawyer. Parents are allowed to waive their children's rights to a lawyer -- even when they are the ones pressing charges.

Yet, even with an attorney, a juvenile isn't guaranteed a fair hearing. "In the juvenile system, you are at the mercy of the prosecutor and the judge," says Larry Landis, executive director of the Indiana Public Defender Council. "You don't have any checks and balances..."

MySpace, your space, all our space

I'm a little intrigued by MySpace, and the assumptions of people who post to it. I don't know if it's advertised as a place where only your friends can read your posts. The mood seems to be, see, this secret is just between us, no one else can read our thoughts.

Friendly reminder here: thanks to search engines such as Technorati and IceRocket, it just isn't so - we all can see your stuff.

Not long ago, a prosecutor showed me print-outs from the My Space blog of one of my clients. The many pictures of my client making gang signs and hanging with his co-defendants were just a little bit corrosive to our previous theory of the defense.

Then there's this job-seeker:

... i am quitting smoking the good herb...

...i really want this new job at the public defenders office, and the only way to ensure i pass the piss test is to just quit smoking...

...i am positive i will start smoking again as soon as i get this job...

No matter where you stand on legalizing marijuana use, that's the sort of integrity we want in our p.d. co-workers, don't you think? I managed to find this post, and I'm not even one of those public defender investigators.

Sorry, Pisces, that you'll have to take a month off from the gentle herb; I know you haven't gone more than a few days without cannabis in the past seven years. But hey, good luck hiding this from the people doing the hiring. Surely the p.d.s in Indianapolis, Indiana aren't as clever as you, and won't know how to use the Internets.

Update: A.L., take the advice from your friend's comment:

...if you REALLY want this job--it might be best to scrub this and other similar posts from your account immediately... new trend of some employers includes googling potential employees and looking for my space profiles etc...

New trend? I was doing it back when I was a hiring guy, and that was '98 to '04. It wasn't all bad news from Google about my applicants, of course, and some of it could intrigue me enough to tip the decision in a particular applicant's favor.

On the other hand, inadvertently disclosing seven years of chronic doobage might just tip the decision the opposite way, even for the coolest p.d. office.

Update: Keep scrubbing!

...the marion country public defender's office is hiring...
...does anyone know a good detox drink?

Accursed precursors

His home state's #2 in something, but Kemplog isn't exactly proud:

Not good. The Pal Item reports today on Indiana's place in the US Methamphetamine manufacturing ranking. We are the number 2 state, behind Missouri, in discovered meth labs.

My guess? The main ingredient, anhydrous ammonia, is plentiful in farming states like Indiana, so, since we can make it here, we do.

He links to the news article, and features this comic from Unfit:

Diverting

In Indiana Public Defender's state,

Petty criminals can walk, for a price: Program unfair to poor, public defenders tell court

If you commit a minor crime like shoplifting in Marion County, you can essentially buy your way out of trouble and have the charges dismissed. A pretrial diversion program -- similar to ones in at least 76 other Indiana counties -- permits people to pay a $150 administrative fee to erase the charges.

But for those who cannot afford the cost, a guilty plea or trial are the only choices. "This is just blatant discrimination against poor people," said Kathleen M. Sweeney, a Marion County deputy public defender. "Because they're poor, they're treated differently."

We have a version of diversion here which is available to some people accused of some felonies. It's a good deal if you can afford it and comply with the requirements of the Friendship Program ( a name I appreciate in a Newspeak, "The Prisoner" sort of way.

However, if you accept "Friendship" and can't maintain it, then you get a version of due process where the judge will review the probable cause statement in your court file. When being handed your next court date, you may be be told, "Please come back to court prepared to be found guilty at that time."

Of course, one can reject the offer of diversion, with the chance to make three felony charges go away with good behavior and some cash changing hands, even perhaps after your assigned p.d. gets you the second opinion and strong recommendation of one of the most senior p.d.'s in the county. Then one can leave diversion on the table and go to jury trial facing 22 to 29 months if your bacon is not saved by your lawyer. That would be me.

Be civil now

Next week Indiana Public Defender is doing a civil jury trial?

Doesn't she know? Anybody who's anybody must know that p.d.'s are unqualified to do civil work!

All our trials, Lord

Here is an excellent post about TXpublicdefender's first murder trial, just completed.

What I wouldn't give for that much exhilaration post-trial. I lost another one today, and nothing so intense as a murder, but a Burg 2. I really thought we had a misdemeanor trespassing there. Unfortunately, it seems that the jury noticed that the bicyclist headlight, which had been around my client's neck when he came through the hole in the fence on the surveillance video, had migrated to his forehead by the time the cops found him amongst some opened boxes and scattered goods.

That, and the gloves he put on after clearing the fence. Facts beyond dispute.

The jury having finished their county-provided lunch and duly returned a verdict of guilty, I had the afternoon to get a couple of in-custody clients sentenced, and then a few hours to go over my next trial notebook and talk to my next client in jail before my next trial starts up tomorrow morning. It's a residential burg and four counts felon with a firearm, much more pen time exposure.

All this, and still time in my merry rounds today to attend a a six-month performance review held by my boss in my honor. It's been a bad day, please don't take a picture.

But honestly, nothing so bad as today for Indiana and her client. She has my sympathy and regards.

Indiana PD in trial

Our good colleague Indiana Public Defender has been in a murder trial this week, and written from the heart each day:

Monday - Tuesday - Wednesday - Thursday - Friday

Shame on people who think that p.d.'s don't give a damn.

A wonderful day in a one-way world

From Kemplog, and from the land of Indiana Public Defender (fresh off a very persuasive 19-minute "not guilty" jury verdict), comes this postcard from a place where they're just not set up to do jury trials - misdemeanor court:

Maximum caseload - Misdemeanor public defenders must scramble

If most days are grueling, this morning’s two-hour session will be especially hectic. He has 51 new cases, plus 10 from the previous Friday, when court was closed. He will make time for all of them. Thankfully, most of his clients will plead guilty to an assortment of misdemeanor offenses ranging from lifting items from department stores to public drunkenness to possession of marijuana. Only one of (his) clients wants a trial.

Ummm... about that "thankfully..."

Last year, the misdemeanor public defenders were assigned 2,668 cases and disposed of all but 40 of them. The majority of defendants plead out; 12 went to trial....

“That’s outrageous,” said Larry Landis, executive director of the Indiana Public Defender Council. “That’s very excessive.”

The rest of the article is a pretty good balance of day-in-the-life snapshot and policy prescription:

Indiana... should... increase the tab for the counties and help them defray the cost of misdemeanors. By increasing indigent defense, the state will meet its moral obligation to the poor, as well as reward attorneys... with the economic respect they deserve.