Public Defenders Join Across the Country to Honor Gideon Legacy

Each day this week we highlight a vital issue our public defenders and clients face. Today, we look at excessive bail, fines and fees.

Every day public defenders fight to help clients avoid burdensome fines that trap them in the cycle of poverty. The system of fee collection targets those who can least afford it. Our clients are the 56.3% of Americans who have less than $1,000 in their checking and savings accounts combined and the 63% of Americans who don’t have enough to cover a $500 emergency. Former Attorney General Loretta Lynch once said that excessive bail, fines and fees, “amount to nothing less than the criminalization of poverty.”
 
Public Defenders fight mass incarceration with each case starting with their bail applications. Three-fifths of the people in jail are there because they are too poor to post bail. People held in jail awaiting trial are likely to lose family, jobs, and are more likely to get a prison sentence if convicted and more likely to re-offend. We spend $85/inmate/day or $38 million in total per day, or $14 billion annually to jail people who are waiting to resolve their criminal cases
 
Debtors’ prisons are real. Public Defenders are fighting them.
 
Join us this week as we #CelebratePublicDefense in the week leading up to the Supreme Court decision Gideon v Wainwright (1963). Each day, our office and defenders across the country in collaboration with National Association for Public Defense will highlight a vital issue that affects our office and our clients. Today, we look at excessive bail, fines and fees.
 
Follow these hashtags on Twitter to read more from our office and more around the country #TippingtheScales #DefendGideon #CelebratePublicDefense
 
See what is happening in Memphis and across Tennessee to change this system:
 
 
 

‘Gideon’s Promise’ Visit Raises Awareness about Role of Public Defense in Memphis

Memphis stop focuses on overloaded criminal justice system, workload stress for public defenders and pressure on clients to plead guilty.
'Gideon's Promise' founder Jon Rapping speaking at a Memphis social about his organization's efforts.
‘Gideon’s Promise’ founder Jon Rapping speaking at a Memphis social about his organization’s efforts.

When ‘Gideon’s Promise‘ chose Memphis as a stop on its four-city tour, the goal was to raise awareness of the organization and the work of public defense.

The two-day visit did that and also strengthened the connection between one of the most innovative criminal defense training programs in the country, and Tennessee’s largest and oldest public defense system.

This summer, ten promising young attorneys from the Shelby County Public Defender’s Office will begin training with the Gideon’s Promise program at Wake Forest University in North Carolina. They will join a cohort of ten of their colleagues already in the program. With the addition of these newly trained attorneys, nearly 25% of the attorney staff at the public defender’s office will have received Gideon’s Promise training.

This type of “incremental” change is what Gideon’s Promise founder Jon Rapping and reform-minded chief public defenders, like Shelby County’s Stephen Bush, hope will help drive efforts to make the system more fair for both client and attorney … office-by-office throughout the South.

What many people may not realize is that the fate of client and attorney are closely aligned, particularly inside the public defender’s office,” says Stephen Bush. “That’s because an overworked criminal justice system too often results in negative results for both parties — public defenders are overwhelmed with cases and cannot consistently deliver the quality results they are willing and capable of delivering and clients that do want a trial are often discouraged to hold out for their day in court, because they could spend days, weeks, months … even years…. waiting.

During the visit, Commercial Appeal columnist David Waters, featured one of our office’s Gideon’s Promise attorneys. The article described the frustration both he and his clients experience in a system that incentivizes plea agreements and in which a jury trial often comes at too high a cost.

“If you can’t bond out, that changes everything. That’s when the pressure starts building to make a deal. You’re sitting in jail and your life is falling apart and it’s probably already a mess.”  – Ben Rush, Assistant Shelby County Public Defender (Commercial Appeal, 5/30/14.)

In an article published in the Memphis Flyer, Rapping emphasized that the goal of Gideon’s Promise is to provide new attorneys the tools to effectively fight for their clients, but also to provide the emotional support public defenders need.

I really started to see these systems where really passionate, young public defenders would go in for the right reasons and have that passion beaten out of them. They would either quit or resign to the status quo. This organization really developed to be a program that not only provides training but provides support and inspiration to these lawyers so they don’t lose their idealism.”  – Jon Rapping, Gideon’s Promise (Memphis Flyer, 5/31/14)

You can learn more about the Gideon’s Promise program here. You can also support the organization’s efforts by donating online.

Read the full articles about the Gideon’s Promise visit to Memphis here:
David Waters: Incarcerated Until Proven Guilty
Attorneys and Advocates Aim to Improve Public Defense 

 

University of Memphis Law School Launches New Magazine, Features Public Defense

Alumni magazines are often just that – magazines only alumni would read. The University of Memphis Cecil C. Humphrey’s School of Law set out to do something more.

Screenshot 2014-05-19 10.49.00This week, the school launched its new publication, Memphis Law (ML).  Dean Peter Letsou says the goal of the school’s new publication is to communicate with alumni, students, lawyers and other supporters.  But Letsou and his staff  had one more mission — to produce stories about the law that appeal to readers beyond the legal community.

The Shelby County Public Defender’s Office is proud to have produced the cover story for the launch of ML.

That’s the story of Abe Fortas, the native Memphian who argued the landmark Gideon v. Wainwright (1963), which established the right to counsel for all people facing incarceration, regardless of ability to pay, and spawned public defense systems across the country. Later, as a Supreme Court Justice, Fortas wrote the majority opinions in Kent v. United States (1966), which extended due process rights to children and In re Gault (1967), which provided children similar constitutional protections as adults.

Despite these and a remarkable list of other accomplishments, Fortas is but a footnote in Memphis history. You can read about his astounding rise to power and stunning fall from grace and find out why some believe it’s time to revisit Fortas’ place in Memphis history.

We also contributed an article about what the right to counsel looks like in Memphis, 50 years after the Gideon v. Wainwright decision. While that 1963 decision sparked a flurry of change in the criminal justice system, the resources to defend against three decades of tough-on-crime justice policies have not kept up. There is, however, a glimmer of hope that our country and community are rounding a corner in criminal justice reform.

You can read these articles and many more  stories in the online edition of ML.