PDs and Greedy Cowboys

Chronically understaffed, and reeling from caseloads several times larger than those managed by private lawyers, public defenders here and in many parts of the country have started trying to force legislators to respond. In the last two years, defender agencies in Missouri and Miami have won, in state Supreme Courts, the right to refuse new cases they cannot responsibly handle.

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But many other legal experts say the daily triage required of public lawyers … forces them to violate their ethical obligations to clients.

“Limited resources move to higher-level cases like murder and rape, and thousands of other defendants are simply being thrown under the bus, with the illusion of a lawyer,” said Stephen F. Hanlon, a private lawyer who is chairman of a national bar association advisory group on indigent defense and who provides legal representation to the Missouri State Public Defender System.

The new report, described by legal experts as the most detailed and credible of its kind, has provided numbers to back up the claim that defenders here face Sisyphean workloads.

(New York Times) I’ve never worked as a public defender, but this sounds plausible to me. Prosecutors snipe and critique the report, but it seems to me (in my limited one-state anecdotal observation) that Prosecutors have Public Defenders hugely outnumbered and out-resourced. “The illusion of a lawyer” for criminal defendants too often is the bitter result.

It’s a failure of our secondary school “civics” classes when people respond, in essence, “why should we spend a lot of money so these guilty bums can ‘lawyer up’?”

On a related note, our local Prosecutor has filed a $3.4 million civil forfeiture action (I have a pre-existing bias against civil forfeiture and I’m not going to make an exception for my own county Prosecutor). This money goes into “the criminal justice system,” as the euphemism has it.

I’ll bet you not a dime goes to Public Defenders. I’d say half of it should go to Defenders; then maybe Prosecutors wouldn’t be greedy cowboys.

UPDATE: If Paul Ogden is right, these civil forfeiture actions are an even bigger scam even more worthy of my pre-existing bias than I knew:

Nonetheless, under Indiana law, law enforcement is only entitled to keep civil forfeiture proceeds to cover the cost of the action.  The balance is to go to the Common School Fund.  My research updated a couple years ago, showed that officials in Tippecanoe, Marion, Hendricks, Madison and Morgan counties, all places where these raids took place, are simply pocketing 100% of the money in contravention of the law.

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“The remarks made in this essay do not represent scholarly research. They are intended as topical stimulations for conversation among intelligent and informed people.” (Gerhart Niemeyer)

Some succinct standing advice on recurring themes.

Reagan at GE

I don’t know what anyone else will make of it, but I think Pete Spiliakos has written one of the most perceptive partisan political diagnoses you’re likely to read in the next few months.

The official title when it was published was “Enough Talk About Entrepreneurs,” which I suppose is defensible since I might not have read it had the working title, disclosed by the URL, made the final cut: “What Mitt Could Have Learned from Reagan.”

Yet as far as I’m concerned, that uninspiring working title is the key inspiration of the piece:

It is worth comparing Romney’s life experiences to Ronald Reagan. One of Reagan’s jobs was to talk limited government politics to GE’s unionized and overwhelmingly Democratic employees. If Reagan wasn’t connecting with those workers, he was failing. Reagan managed to get a sense of the priorities of those workers. He got a sense of how those employees saw their work, the past, and their own lives.

Eventually, Reagan had a better sense of blue collar workers than liberal politicians like Walter Mondale and Mario Cuomo who were rhetorically dependent on heavily mythologized visions from the 1930s. Liberal journalists loved Mario Cuomo’s absurdly overrated speech at the 1984 Democratic National Convention, but Reagan carried Cuomo’s home state.

Reagan’s liberal opponents treated his appeal to wage earners as some combination of larceny and sorcery, but the truth was that Reagan was just better at listening to the wage earners of his own time while his opponents believed those wage earners were duty-bound to buy whatever distorted version of the past the Democratic party was selling. What Republican is listening so well to the concerns of today’s wage earners when it comes to national issues?

I think this really was a lot of Reagan’s charm and success, and that those who yammer about returning to “Reagan principles” of endless tax cuts are a bunch of mindless fetishists, mistaken about the source of his charm and projecting their own ideology onto historic memory.

I think more middle Americans should be voting Republican, and would if the GOP wasn’t so blatantly indifferent to them, obsequious toward plutocrats. I don’t think Liberal Groin Pieties have much cachet beyond the Democrats’ “vote your vice” base. My contempt for the GOP has nothing to do with admiration of the post-1972 Democrat party.

But I think the GOP is rapidly pissing away the opportunity to give the Democrats such a thorough political thrashing that they’ll start whistling a different tune out of an instinct for survival.

Whom the gods would destroy they first make mad. Republican plutocrats versus Democrat sexual libertines. Seems pretty mad to me.

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“The remarks made in this essay do not represent scholarly research. They are intended as topical stimulations for conversation among intelligent and informed people.” (Gerhart Niemeyer)

Some succinct standing advice on recurring themes.

Saturday, 1/25/15

  1. Evacuate! The Canary’s Dead!
  2. Forced membership = Coerced political speech?
  3. Certified victimhood means complete editorial control
  4. Rudyard Kipling Does Wall Street
  5. Too Christian, Too Foreign
  6. …In love and war
  7. The Boys Who Cry Wolf

Busy week with mental distractions left me with too little to blog Friday. (Hey! You get what you pay for – and then some!)

Continue reading “Saturday, 1/25/15” →