Pair gather stories from across the country to create a feature film.
When the U.S. Department of Justice released a stinging investigation of the Shelby County Juvenile Court in April of 2012, juvenile justice advocates around the nation took notice. The charges were damning — systematic violation of the due process rights of children and and failure to offer equal protection to African American children.
Independent filmmakers Joann Self Selvidge and Sarah Fleming took notice, too. During the course of the last few years, the pair have met with children, family members and advocates involved with the juvenile justice system to record their stories. Self Selvidge and Fleming have also partnered with the National Juvenile Defenders Center and the Southern Poverty Law Center to broaden the scope of their work beyond Memphis.
“Through eliciting personal narratives, the filmmakers also hope to illustrate the school to prison pipeline, which criminalizes bad behavior at school and disproportionately affects black students, a group that is nearly 3.5 times more likely to be arrested at school than their white peers, according to the U.S. Department of Education.” – High Ground News
Read the full story of their journey to raise awareness about the juvenile justice system in the online publication, High Ground News:
“If you are poor, your lawyer is often overworked and grossly underfunded” via The Commercial Appeal
This week, a task force appointed by the Tennessee Supreme Court to examine indigent defense, specifically how the defense of poor people is funded, released its findings. The task force has met and conducted listening tours for the past 16 months.
Tennessee has a hybrid system in which Public Defender office’s handle the vast majority of counsel for the poor. Private attorneys are appointed to cases these offices cannot take, such as a case with co-defendants and one person is represented by the public defender.
“Based on the task force report, I’m hopeful Tennessee will finally establish reasonable workload controls that ensure we can meet the minimum ethical obligations that all lawyers owe their clients.” – Shelby County Public Defender Stephen Bush
Raise the rate of private attorneys appointed to represent the poor from $40-50/hour to $75-125/hour. Currently, Tennessee’s compensation rate is among the lowest in the country.
Eliminate the caps on how much time can be spent on an appointed case.
Develop a training and certification process for new lawyers, to ensure standardization of skills
Creation of a commission to oversee all appointed counsel, including the defense of children.
We look forward to seeing the legislation that will come from this report and are hopeful it will lead to every Tennessean, regardless of income, receiving a zealous defense in our criminal justice system.
We owe our American ideal of public defense to an aging drifter and a brilliant lawyer from Memphis
This week, our office and defender systems across the country celebrated Public Defense Week in collaboration with the National Association for Public Defense. Each day this week, we focused on a vital issue our public defenders and clients face: excessive bail, fines & fees; abolishing the death penalty; racial injustice & implicit bias and juvenile justice. All of this leading up to today — the anniversary of the Gideon v Wainwright (1963) decision.
Beginning at age 16, Clarence Earl Gideon spent much of his life in and out of prison for thefts, burglaries and robberies. In fact, his first experience with incarceration came by way of his mother, who hauled him into a Hannibal, Missouri jail for running away from home. Throughout his 61 years, Gideon would serve time in Missouri, Kansas and Texas prisons. His final, and what would become, pivotal brush with the law was a 1961 arrest for allegedly breaking into the vending machines in a Panama City, Florida, pool hall.
Gideon claimed innocence and asked for a court-appointed attorney. The judge denied his request, citing state law, which only allowed for court-appointed counsel in capital cases. So Gideon, a high school dropout, was left to defend himself. Not surprisingly, he was found guilty and sentenced to five years in prison. Determined, Gideon filed a habeus corpus petition with the Florida Supreme Court claiming the lack of a court advocate was unconstitutional. The Florida court denied his petition, but the U.S. Supreme Court eventually reviewed it.
In 1963, Memphian Abe Fortas and a team of highly respected lawyers argued Clarence Gideon’s case, and the court issued a unanimous decision finding that his conviction was unconstitutional. The Court held that the Sixth Amendment provides the right to appointed counsel in state felony cases. The Court further held that providing counsel for indigent defendants is an essential element of a “fair trial” and that because of the Fourteenth Amendment, the states are responsible for meeting this mandate.
Clarence Gideon was eventually given appointed counsel on the original charges and was acquitted.
March 18th, 2017 marks the 54th Anniversary of Gideon vs Wainwright (1963).
But the legacy of Gideon stands on uneven ground in Shelby County and throughout this country. The Shelby County Public Defender system and many across the U.S. are underfunded and overflowing with poor clients. It is a scenario too often thrust upon the backs of the poor and uneducated – the Clarence Earl Gideons of today.
You may never need the help of a public defender, but the safety of our community and, certainly, the health of our democracy, depends on everyone, regardless of income, receiving a fair shake in the courtroom.
Read more about the Gideon case and its ties to Memphis here:
You can see how public defenders across the country celebrated public defense and shined a light on issues facing defenders and their clients by looking at these hashtags on Facebook and Twitter #DefendGideon #TippingtheScales #CelebratePublicDefense