I first learned about the concept of procedural fairness within justice systems in the early 2000s while working at the Department of Justice. The concept seems quite intuitive to me yet when observing court practices, I was struck by how many courts don’t naturally incorporate the elements of procedural fairness into their daily work.
This month marks 45 years since the passing of Chief Justice Earl Warren, who is remembered for promoting fairness in the justice system, including the Gideon v. Wainwright decision in 1963 requiring states to provide counsel for those who could not afford it. This decision bolstered the importance of effective counsel as part of our Sixth Amendment right to representation. Today, legal representation remains inadequate due to attorney shortages, a lack of funding, and no workload limits. The quality of public defense often suffers, forcing public defenders to decide between caseload efficiency and meaningful representation (see a recent blog post on this subject here).
Last month, California congresswoman and Democratic presidential candidate Kamala Harris introduced the Ensuring Quality Access to Legal Defense (EQUAL Defense) Act. If passed, the bill would create a $250 million grant program aiming to establish workload limits for public defenders and pay parity between public defenders and prosecutors. The bill would also authorize $5 million to provide training to public defenders.
Last week, in partnership with the National Association for Court Management and supported by the State Justice Institute, the Justice Programs Office, Right to Counsel team held a meeting with judges and court administrators on how to enhance caseflow management to ensure effective assistance of counsel. I was excited to convene this passionate group of court leaders and hear what they had to say on the topics of caseflow management and effective assistance of counsel, yet was unsure how the conversation would go. I wasn’t completely convinced that enough people would find enough to talk about and stay engaged in over the two days, or if everyone would buy into this exploration of the tension between processing cases quickly while simultaneously allowing for and encouraging effective assistance of counsel. Well, let me tell you—I was proved wrong—the sustained energy, thoughtfulness, and critical thinking that manifested during the meeting and extended into an evening reception was beyond my highest expectations.
April is Second Chance Month and, with that, we celebrate the important role legal aid organizations and public defense providers can play in helping people with criminal records. There are tens of thousands civil collateral consequences of having a criminal record, such as having to disclose prior convictions on job applications, difficulty securing an occupational license, or losing one’s drivers’ license. Receiving legal services can help stabilize housing and reduce barriers to employment for the almost 75 million, or one-in-three, American adults facing these consequences.
March 18th marked the 56th anniversary of the landmark US Supreme Court case Gideon v. Wainwright and National Public Defense Day. As a former investigator for the Public Defender Service for the District of Columbia, current project director of the Right to Counsel National Campaign, justice reform advocate, and American citizen, I am proud to celebrate the public defense community and the clients – which could be any of us – they represent. Continue reading “In Defense of Public Defense”
Photo used with permission from Richard Ross.
Michelle Alexander wrote in The New Jim Crow: “The fate of millions of people—indeed the future of the black community itself—may depend on the willingness of those who care about racial justice to re-examine their basic assumptions about the role of the criminal justice system in our society.”
February is Black History Month. It’s a time for everyone to reflect on the legacy of progress that black leaders have left throughout history in the fight for liberation, equitable treatment, and empowerment. It is also a time for white allies to examine what they could be doing better to interrupt their own racism and that of others, what it means to support black leadership, and how our nation’s policies continue to oppress black lives. And indeed, it is a time for white allies to heed Alexander’s call to re-examine the role of the criminal legal system in society.
The CDC publishes a staggering record of drug overdose fatalities in 2017, Michigan seeks to raise the age of juvenile court jurisdiction to 17, and Norfolk, VA stands out for its positive work in drug courts. All of these stories and more in this week’s news roundup.
When you think of the West Bank, your first thought is likely not the right to counsel. Some people are surprised to hear that Palestine has a self-sufficient legal system at all, let alone a constitutionally-mandated right to an attorney for all criminally accused. Ensuring access to legal representation is critical to protecting due process, human rights, and justice, especially in historically tumultuous places like the West Bank. Institutionalizing constitutional protections as the Palestinian legal system develops and changes will ensure that best practices are embedded into its very foundation.
“The Road to Hell is paved with good intentions.” – Unknown
As I walked into my first (and only!) law class in grad school, there was a quote written on the whiteboard. Our professor looked at us and asked, “How does this apply to our case today?” The case in question was “In re Gault,” the landmark US Supreme Court case which established the right to counsel for juveniles in delinquency cases in 1967. That may have been my only law class, but I continue to grapple with the issues raised by this case through my work training and providing technical assistance to juvenile drug treatment courts. In the 51 years since Gault, we’ve come a long way to ensure justice for youth, but there are still steps we need to take, especially when it comes to the right to counsel.