Why haven’t you gone into private practice?

With the mania of college football gone, these are dull days until the baseball seasons starts anew. These are days where I start to think about the things that are important in life. One such matter is whether I should remain a Public Defender.

Last night, a local at Loco’s was amazed that I was working at a job that paid me less than he paid his drivers. This sentiment is nothing new to me. I have been told a number of times by family & friends that I should go into private practice.

Yet, after I gave the matter much thought, I came to the same conclusion as I have done before. I like being a public defender. A reason why I like being a PD goes back to my high school days when I met Ms. Melvin.

I was in the 10th grade. I was in 2nd semester typing class. I realized on the first day that I was not able to get over 35 wpm. Since I had plans to go to college, I could not have a poor grade or a failing one in this class. Thus, I made the decision to withdraw from the class. I went to my counselor, and she told me only class that was “Street Justice.” While she had concerns about me being in the class, she approved my transfer into the class.

Now, just a little aside is needed here. It is 1989. I had a mullet. I was into metal music. I had the act down pat or as much as a poor-boy / dork could have it down. I look back on those days with a sense of humor & WTF? Nevertheless, back on that fateful day, I was wearing my Metallica “…And Justice For All” t-shirt.

Mrs. Melvin was the teacher of this class. To describe her to y’all, will require me to invoke an image from an old Warner Bros. Cartoon. Mrs. Melvin reminded me of “Prissy,” the skinny hen that was in love with Foghorn Leghorn. However, Mrs. Melvin had more personality & more nerve than that cartoon hen.

Anyhow, here I come into her class with more attitude than sense. She took one look at me, and sighed as if she was thinking, “not another knucklehead for me to set straight.” Plus, the only seat left in her class was in front of her podium. So, she had to see my mug everyday for the remainder of the semester. Yet, over the semester, I found my passion in life in that class, the law. However, only now, do I realize that my calling to be a PD had its genesis in that class.

I don’t know what Mrs. Melvin was paid as a teacher, but Lord knows that it was not enough to put up with unruly, arrogant, and self-righteous children like me. Yet, she did do it. She provided guidance, love, and insight to a number of children as if they were her own. Her devotion to us has rubbed off on me to be devoted to those less fortunate, even if it does not provide a great monetary reward.

I will not lie to you and claim that I’m a PD for life. I subscribe to the ideal that the future is not set, and that I’m open to new opportunities. However, I feel and believe that I’m where I belong.

10 Reasons Why I Love being a Public Defender – Part Two

5. My father told me a story about Chester Pulley, a Marine that served in the Korean War. My dad told me that during one battle in the Korean war when his enemies had surrounded him and his troops, Chester Pulley said to them, “We have them where we want them! You can shoot in all directions.” I really don’t know whether this tall tale is true, but it has some application to being a Public Defender. When the all of the facts are against you, when the law is against you, and you feel all is lost, remember you can take shots at the State’s case in all directions. Go For Broke. There is no greater feeling to know that you are fighting a battle with nothing but  your wits and your will.

6. This reason is rather personal. So, I will make it brief. As a public defender, I feel that I am mimicing what I believe my saviour is doing with me in front of the Almighty.

7.  It reminds me how blessed I am, and what is important in this world: faith, family, and friends.

The Question Remains The Same

With all apologies to Chris Rock,

The question remains the same: Do private attorneys really care if the criminal defendants get adequate representation from a Public Defender? The answer is “Not Really.”

Reason #1 – It would interfere with their ability to make a buck.

Let us think about this rationally. You are a criminal defendant with limited funds. You have three choices: represent yourself, get a public defender, or spend your limited funds to hire a private attorney. If the public defender’s office was properly funded and staffed to provide not just adequate but exceptional representation, why would a criminal defendant spend their limited funds on a private attorney? They would not do so. Therefore, the private attorney has to provide a value added reason to justify to the criminal defendant to pay for the premium of private representation.

And how is that done, boys & girls? Marketing; Self-Promotion. What is one of the most basic marketing strategies that businesses employ? My product is better than the other guys, and the other guys’ product is crap. So, how does this relate to private attorneys and public defenders? Simple, a great number of private attorneys will bad mouth public defenders as a means to show to a potential criminal client why the client should hire him/her. The private lawyer will promise more contact with client than what a Public Defender will provide. The private lawyer will promise to file every possible motion under the sun (regardless of merit) unlike the Public Defender that will not file the silly motion. The private lawyer will promise to argue any ridiculous defense unlike the Public Defender who knows that certain bullshit will not fly in court. The private lawyer will promise the moon & stars to the client unlike the Public Defender that can only offer the dirt beneath his feet. Why would a private lawyer do this? The answer is simple; to quote a line from a song that you can find on any oldies rock station, “Give me money. Lots of Money.”

Let us think of this from another angle. Say you need a critical surgery to be performed and quickly. Your family physician performs this surgery once a year, and only once a year. The reason he does it only once a year because the surgery takes him away from the moneymaking aspects of his practice. Yet, you know of a surgeon that works at county hospital that does the procedure at least once a week, and is quite good at it. Are you going believe the smack talk from your family physician about how incompetent the surgeon at the county hospital is and how he can do surgery better, but you are going to have to pay the premium for his services? We would be appalled and aghast at the family physician’s behavior, but the trash talking of Public Defenders (whether to make money or under the auspices of “trying to help”) is accepted fare.

So, the question remains the same: Do private attorneys really care if the criminal defendants get adequate representation from a Public Defender? The answer is “Not Really.”

Reason #2 – If they were honest about it, they would have to realize that a great number of them are guilty of the same things that they accuse public defenders of doing.

So, what are the most common complaints about public defenders?

a.) they do not (or will not) talk to their client’s,

b.) they do not return the client or his family’s calls

c.) if they talk to their clients, they do not listen to the client,

d.) they do not visit the client at the jail,

e.) the public defender belittles the client by calling the client names or cursing at the client, and

f.) the all-time favorite . . . . Survey says – The public defender made the client enter a guilty plea.

For every self-righteous private attorney that laments about the state of Indigent Defense and blogs about how he has seen public defenders commit these transgressions, I can point to an equal number of private attorneys that have done the exact damn thing. I contend that the private attorney’s actions are more horrendous because they had to take the hard-earned money of another person under false hope. So, to those pious private attorneys that criticize public defenders, I would like to  quote a line from a blues tune to you, “Before you accuse me, take a look at yourself” or to quote the good book, “He that is without sin among you, let him cast the first stone.”

So, the question remains the same: Do private attorneys really care if the criminal defendants get adequate representation from a Public Defender? The answer is “Not Really.”

Reason #3 – If they really care about the state of Indigent Defense, it would require them to do something other offer empty rhetoric about how public defenders should practice law.

Across the fruited plain, a crisis looms large in the state of Indigent Defense. A down economy, tightening state budgets, rates of prosecution rising, caseloads going from the tens to the hundreds, from the hundreds to tens of hundreds. What advice does the private bar give to us, the few, the proud, the Public Defenders? Refuse cases. File motions challenging the constitutionality of the inadequate funding of Indigent Defense. Stand up and resist. In addition, by the way, have a preliminary hearing on every client, file that marginal motion to suppress, track down every last witness, and try every damn case. They tell us not to be afraid of the political backlash. They tell us not to be worried about the loss of our jobs. They tell us “be not afraid” because we are the guardians of the Constitution and the guarantors of the promise of Gideon (the court case and not the guy from Connecticut). They tell us that if we trample on these cherished liberties, what is our worth as attorneys?

To the sanctimonious private attorney that espouses this guilt-ridden drivel in my direction, answer me the following:

a.) are you going to pay my contempt fine, when the Judge throws me in the county jail?

b.) Are you going to pay my rent, my car note, my student loan payments, my bills, when I get fired from my job as a public defender for heeding your advice?

c.) Are you going to help me find another job?

d.) Are you going to hire me?

e.) Are you going to take over my caseload to make sure that my clients are properly represented?

I didn’t think that you would. In fact, I know that you won’t. It is easier to sit on the sidelines and complain about the problem than do anything about it.

What? What was that you say? You say that you are litigating the issue by filing motions with the court to stop the prosecution of your appointed clients, due to the lack of adequate funding for Indigent Defense? That’s nice. However, the primary beneficiary of your motion is your client and not the public defender that you claim that you are trying to help. I have heard about “Trickle Down Economics.” This must be “Trickle Down Litigation.”

What? What was that you say? You say that you filed motions with the Court telling it that you cannot continue representing your appointed client because of the lack of adequate funding for Indigent Defense. And that until you receive additional funds that you cannot and will not represent your client any further? Hell, I have heard of “No taxation without representation.” I guess then your mantra should be “No representation without compensation.” I fail to see how this is more honorable than a Public Defender that maintains his employment but does not refuse taking on additional cases.

What? What was that you say? You claim that you do not make criticisms of public defenders lightly, and that you wish only to help improve the state of Indigent Defense. I call bullshit. It is easier to criticize on someone on the web than meet with that person in the real world and to engage him or her about the practices that he employs as an attorney. In addition, if you were do this, it would whittle away your valuable time, and we know that time is money.

What? What was that you say? You were a public defender not too long ago, and that you know our plight? Okay, Batman, riddle me this: What are you now? Well, you tell me, a private criminal defense attorney, and from your blather, I can see that you are a very good private criminal defense attorney. Nevertheless, I am confused. Why did you leave the Indigent Defense that you care so much about to go into private practice? Could it be your love of money is stronger than your love of the Constitutional guarantees that you champion so boisterously?

So, the question remains the same: Do private attorneys really care if the criminal defendants get adequate representation from a Public Defender? The answer is “Not Really.”

CODA:

My comments are meant to be in jest or serve as a parody of the utter garbage that I hear from private attorneys on a regular basis. Yet, we can agree on the following:

a.) Criminal Defense is not for everyone,

b.) Regardless  if the attorney is privately retain or a public defender, there are certain attorneys that suck at criminal defense, and should never practice it,

c.) Both sides of the criminal defense bar needs to take steps to get rid of said attorneys,

c.) The Legislative Branch does an unsatisfactorily job of funding Indigent defense,

d.) All of us can do more to fulfill the promise of Gideon and to protect the Constitution, and

e.) We are in this thing together.

Haphazardness

Some random thoughts since I cannot get my mind to do a decent journal entry.

1. A short letter

Dear Jailhouse Lawyer Client,

When you fire me as your attorney, I cannot file any further pleadings on your behalf as your attorney, especially when you claim that I am not looking out for your best interests and railroaded you.

Donzell

2. Fuility

I got invited to go to a tailgate party in Athens this Saturday for the UGA home opener. I asked the guy whether his group was going to get tickets to the game, go to a venue (like the Georgia Theater) to watch game, or find another tailgate party with a TV to watch the game. He said, “No. We are going to get drunk and listen to Munson on the radio.” Now, I love Athens, and I love my team, my school, UGA. However, I am not going to drive out to Athens just to listen to the game on the radio, especially when the roar of the crowd from Sanford Stadium is in the background.

3. Lechery

Hell, I could tell y’all the real reason why I considered going, but I don’t know if the concerned parties read this heap of dung. Needless to say, it involves a woman. Yes, I am that simple, plain, and pathetic. At least, I know this and I am happy with myself.

4. Silliness and Dancing

Every once in a while it is just good to be silly and to dance, even if it is in a grocery store.

Edit: Damn Copyright Laws! You will have to click here to watch the video and to get the point.

5. The Dawgcast

Simply put, it is one of the, if not the best podcast about Georgia Bulldog Football. Check it out.

6. Karma is a bitch.

The murder client that hired a “real lawyer” is back. The Murder Client (TMC) did not like me. TMC thought I was mean, and uncaring to her plight. Also, since the TMC was a pre-law major, she did not believe that my feeble legal skills were able to help her in her time of need. So, she hired a private lawyer. To be correct, her friends went and hired her a lawyer.  When I found out about this fact, I had a beer or two to celebrate the removal of this albatross from my neck.

Well, she was slated to go to trial in July, during my vacation. I was shocked to find out that she pled out to a lesser charge, when I came back from my vacation. The deal that she got was worse than what I had gotten for her. So, I laughed it off and went back to work.

TMC cannot leave well enough alone. She wants to withdraw her plea and go to trial. The trial judge appointed our office, and my boss placed me back on the case. Damn it. Oh, well, it is par for the course.

7. Private Practice?

No, I am not talking about the crappy TV show. I am talking about going out on my own. One of the local lawyers in my neck of the woods thinks that I should. This local lawyer was a judge, at one time. Hell, I am thinking about it, if nothing more than for the money issue. Yet, I like what I do, despite all of the little headaches that come with it.

Odds and Ends

NPR contacted yours truly to be a part of an online program called “News and Notes.” However, I was unable to participate due to my court schedule. Damn it. It would have been fun. Anyhow, here is the link to the program. The only fault that I have with the program is that two participants are in the “true believer” vein. A differing perspective would have been interesting and would have given the program more levity.

Drug cases make up a good one-third to one-half of the cases that come across my desk. While most clients want “help,” they rarely do anything to help themselves. There are a few that want to be clean and sober. Those clients are the ones where it is easier to help. Yet, it breaks your heart when you see them relapse. Here is a story to illustrate my point. I had a client who was facing a revocation of her probation back in 2007. She was facing three years in prison or go to a prison rehab facility that has a nine month wait. She did not want to go to the prison rehab facility, but to a private non-profit program. She had contacted the program, filled out the paperwork, and got accepted into the program. She did all of this before I was even appointed to represent her. The Judge was resistant at first, but with some time and effort, I convinced the Judge to let her go to the program that she had chosen. She was doing so good. She had moved from the in-patient portion to the work program. In fact, she got a job answering phones at a law office. Earlier this week, I received a frantic phone call from her. She had relapsed twice and was kicked out of the program. At this point, it would have been easy to chastise her for making a terrible choice or to tell her that she was going to die because of her addiction or to make some kind of judgmental statement to her. However, I felt  pity for her because she is addicted to this poison, and sadness that she was possibly going to be separated from her children again. She was begging me to let her stay out long enough to spend time with her children before she turned herself in. My heart sunk in my chest as I told her that she had to turn herself in. I felt a little part of my humanity slip away into nothingness. So, I told her that I understood if she spent some time with her children before turning herself in, but I could not condone it as her attorney.

My client that was charged with murder hired a private counsel, and so did my armed robbery client. Each of the private counsels that have taken over these cases have praised me on the work that I have done. Yet, I am still pissed off that these clients think that I have done nothing on their cases. Plus, I want to progress in my development of as an attorney, and I cannot do that when my high profile cases go and hire private counsel.