Right to Counsel National Consortium – Part 1

Right to Counsel National Consortium – Part 1


>>GOOD MORNING. I AM GOING TO GIVE EVERYBODY A MINUTE TO TAKE
THEIR SEATS . WELCOME TO THE DEPARTMENT OF JUSTICE. WE ARE DELIGHTED TO BE HOSTING THE SECOND ANNUAL MEETING OF THE NATIONAL RIGHT
TO COUNSEL CONSORTIUM HERE AND THE GREAT HALL. AND WE ARE PROUD TO HAVE PROVIDED SUPPORT
TO THE CONSORTIUM AS ITS MEMBERS ENGAGE POLICYMAKERS, CRIMINAL JUSTICE
STAKEHOLDERS, AND THE COMMUNITY ABOUT THE VITAL IMPORTANCE OF THE SIXTH AMENDMENT
RIGHT TO COUNSEL . I AM LISA FOSTER, DIRECTOR FOR THE OFFICE OF ACCESS
FOR JUSTICE HERE AT THE DOJ, AND I WILL SERVE AS MASTER OF CEREMONIES FOR WHAT
I AM CONFIDENT WILL BE A THOUGHT- PROVOKING DAY OF ACTION. THIS MEETING COULD NOT COME AT A MORE CRITICAL
TIME. WE ARE WITNESSING, IN AMERICA TODAY, WHAT
CAN ONLY BE DESCRIBED AS A CRISIS OF CONFIDENCE IN OUR CRIMINAL JUSTICE SYSTEM. ALTHOUGH MOST OF THE PROTESTS THAT HAVE OCCURRED THROUGHOUT THE COUNTRY HAVE
BEEN FOCUSED ON LAW ENFORCEMENT, IF YOU SCRATCH THE SURFACE JUST A LITTLE , YOU
WILL DISCOVER THAT MANY AMERICANS ARE PROFOUNDLY SKEPTICAL THAT THE JUSTICE
SYSTEM IS FAIR AND IMPARTIAL, THAT IT WORKS FOR LOW INCOME PEOPLE AND PARTICULARLY
PEOPLE OF COLOR THE SAME WAY THAT IT WORKS FOR WEALTHIER AMERICANS . AND
IN MANY OF OUR STATES , WHERE THE VAST MAJORITY OF PEOPLE ARE CHARGED AND PROSECUTED
FOR CRIMINAL OFFENSES , THAT SKEPTICISM IS JUSTIFIED, PARTICULARLY
WITH RESPECT TO INDIGENT DEFENSE . THIS ADMINISTRATION, THROUGH THE LEADERSHIP
OF BOTH ATTORNEY GENERAL HOLDER AND ATTORNEY GENERAL LYNCH , HAS TRANSFORMED
THE RULE OF THE DEPARTMENT OF JUSTICE AND ENSURING THAT THE RIGHT TO COUNSEL
IS RESPECTED IN THE STATES. AS THE SUPREME COURT OF PENNSYLVANIA JUST OBSERVED
IN ITS LANDMARK DECISION IN CURRAN VERS US LUCERNE CUDDY, A CASE THAT
WAS EMBRACED THE COURT , THE PENNSYLVANIA SUPREME COURT SAID, “THE RIGHT
TO COUNSEL IS THE LIFEBLOOD OF OUR SYSTEM OF CRIMINAL JUSTICE,” AND THE COURT
WENT ON QUOTING THE U.S. SUPREME COURT TO SAY THAT THE SIXTH AMENDMENT RIGHT
TO COUNSEL IS NECESSARY TO ENSURE FUNDAMENTAL HUMAN RIGHTS OF LIFE AND LIBERTY
AND SERVES AS ONE OF THE ESSENTIAL AREAS AGAINST ARBITRARY OR UNJUST
DEPRIVATION OF HUMAN RIGHTS. THE DEPARTMENT OF JUSTICE CANNOT AGREE MORE, AND
AS YOU WILL HEAR THROUGHOUT THE DAY, THE DEPARTMENT HAS INVESTED SIGNIFICANT
AND SUBSTANTIAL RESOURCES AND IMPROVING INDIGENT DEFENSE IN THE STATES. WE HAVE LITIGATED , WRITTEN BRIEFS IN SUPPORT OF THE RIGHT TO COUNSEL , CONVENE
STAKEHOLDERS, AND WORKED WITH MANY OF YOU TO ENSURE THAT THE RIGHT TO COUNSEL
IS MEANINGFULLY AND EFFECTIVELY ENFORCED . INDEED, I THINK IT
IS FAIR TO SAY THAT NOT SINCE ROBERT KENNEDY WAS ATTORNEY GENERAL AND LED THE SUCCESSFUL
FIGHT FOR FEDERAL BAIL REFORM HAS THE DEPARTMENT OF JUSTICE BEEN
AS ACTIVELY ENGAGED IN WORKING TO ENSURE, AS ATTORNEY GENERAL LYNCH SAID, THERE
IS NO PRICE TAGGED ON JUSTICE. NO ONE IN THE DEPARTMENT OF JUSTICE HAS BEEN
MORE CENTRAL TO THE STRUGGLE TO ENSURE JUSTICE FOR ALL THAN DEPUTY ATTORNEY
GENERAL SALLY YATES. DEBORAH THE DESK DEPUTY ATTORNEY GENERAL DATES HAS SERVED
IN THE JUSTICE DEPARTMENT FOR 27 YEARS, FIRST AS ASSISTANT U.S. ATTORNEY IN
THE NORMAL — IN THE NORTHERN DISTRICT OF GEORGIA, AND THEN FROM 2010 UNTIL
CONFIRMED AS DEPUTY ATTORNEY GENERAL IN 2015 AS THE U.S. ATTORNEY THERE. YOU MIGHT NOT THINK, GIVEN HER LONG CAREER AS A PROSECUTOR, THAT SHE WOULD
BE AN ARDENT ADVOCATE OF CRIMINAL JUSTICE REFORM, BUT YOU WOULD BE WRONG . DEPUTY
ATTORNEY GENERAL YATES’ TENURE HAS BEEN MARKED BY SIGNIFICANT EFFORTS ON
BEHALF OF DEFENDANT’S IN OUR JUSTICE SYSTEM, INCLUDING OVERSIGHT OF THE CLEMENCY
INITIATIVE AND THE GRANTS OF 583 CLEMENCY PETITIONS IN 2016, AND THE YEAR IS
NOT YET OVER. DEPUTY ATTORNEY GENERAL GATES HAS IMPLEMENTED MEANINGFUL REFORMS
IN THE BUREAU OF PRISONS, INCLUDING THE PHASEOUT OF PRIVATE PRISONS
AND AN INSISTENT FOCUS ON REENTRY , EDUCATION, AND REHABILITATION. SHE HAS EMBRACED AND ENHANCED THE CRIMES PROGRAMS BEGUN UNDER ATTORNEY GENERAL HOLDER
AND WHAT I CONSIDER A SIGNATURE INITIATIVE, SHE HAS MANDATED IMPLICIT BIAS
TRAINING FOR EVERY JUSTICE DEPARTMENT LAW ENFORCEMENT AGENT AND PROSECUTOR. SHE IS, AS YOU ARE ABOUT TO HEAR, EQUALLY COMMITTED TO THE R2C IGHT TO
COUNSEL TO ENSURE IT IS UPHELD . DEPUTY ATTORNEY JOURNAL YATES.>>[APPLAUSE] MS. YATES: WELL, GOOD MORNING, EVERYONE . AND
TO OUR GUESTS TODAY, WELCOME TO THE DEPARTMENT OF JUSTICE . LISA, THANK YOU
FOR YOUR INCREDIBLY KIND INTRODUCTION. MORE IMPORTANTLY, THANK YOU FOR YOUR FANTASTIC
LEADERSHIP . I ALSO WANT TO RECOGNIZE EVERYBODY HERE TODAY
FROM ATJ FOR YOUR TIRELESS EFFORTS HERE. I WOULD EXPECT JUST ABOUT EVERYBODY HERE KNOWS
THIS OFFICE WAS CREATED BY THEN ATTORNEY GENERAL HOLDER BACK IN 2010
TO ENSURE WE WERE DOING EVERYTHING WE COULD HERE AT THE DEPARTMENT
OF JUSTICE, TO INCREASE ACCESS TO JUSTICE IN BOTH THE CIVIL AND CRIMINAL ARENAS,
REGARDLESS OF RACE OR WEALTH OR STATUS. AND THE WORK FOR THIS OFFICE DOES IS TRULY
INSPIRING AND IS REALLY CENTRAL TO THE MISSION OF THE DEPARTMENT OF
JUSTICE. NOW, WE HAVE GOT A DIVERSE CROWD HERE TODAY MADE UP OF PROSECUTORS
AND PUBLIC DEFENDERS, LAW ENFORCEMENT OFFICERS AND COMMUNITY STAKEHOLDERS,
LEGAL ADVOCATES AND COMMUNITY ACTIVISTS. AND THIS DIVERSITY IS REALLY A REFLECTION
OF THE FACT THAT WE ALL HAVE A ROLE TO PLAY IN IMPROVING OUR SYSTEM
OF JUSTICE AND IN ENSURING THAT IT LIVES UP TO OUR FOUNDING IDEAS. THAT IS ESPECIALLY TRUE FOR PUBLIC DEFENDERS. AS LISA MENTIONED, AS A FEDERAL PROSECUTOR
IN ATLANTA FOR OVER 20 YEARS, I HAVE HAD A LOT OF EXPERIENCE WITH PUBLIC DEFENDERS. I HAVE SEEN FIRSTHAND THE RELENTLESS DEDICATION, THE ROYALIST INDICATION
TO THE CALLS OF JUSTICE THE PUBLIC DEFENDERS EXHIBIT EACH AND EVERY DAY,
OFTEN TIMES IN THE FACE OF DIFFICULT, IF NOT IMPOSSIBLE, CIRCUMSTANCES. PUBLIC DEFENDERS ARE OFTEN UNDERSTAFFED AND UNDER RESOURCED, AND THAT
IS NOT HOW OUR SYSTEM IS SUPPOSED TO WORK. AND I SO ADMIRE WHAT ALL OF YOU WHO ARE PUBLIC
DEFENDERS HERE DO EVERY DAY TO ENSURE THAT AN INDIVIDUAL’S ACCESS
TO JUSTICE IS NOT DETERMINED BY HOW MUCH MONEY HE OR SHE HAS. AS LISA MENTIONED, AS YOU ALL KNOW, WE ARE
AT A CRUCIAL MOMENT RIGHT NOW IN OUR HISTORY,
WHERE THERE IS A SIGNIFICANT CONSENSUS AROUND THE NEED TO REFORM ASPECTS
OF OUR CRIMINAL JUSTICE SYSTEM. FOR THE FIRST TIME IN A VERY LONG TIME, WE
HAVE FOLKS FROM BOTH POLITICAL PARTIES, BOTH ENDS OF THE SPECTRUM, FINDING
COMMON GROUND. IN THE LAST COUPLE YEARS, I HAVE SPENT TIME WITH PEOPLE FROM
ALL BACKGROUNDS, WITH CORRECTIONAL OFFICERS AND INMATES , WITH LAW ENFORCEMENT
OFFICERS AND PUBLIC ADVOCATES, FROM COMMUNITY LEADERS AND COMMUNITY ACTIVISTS,
AND DESPITE THE DIFFERING ROLES IT HASN’T SOMETIMES THE DIFFERENT PERSPECTIVES
THAT THEY HAVE — AND SOMETIMES THE DIFFERENT PERSPECTIVES, THE
COMMON THEME IS CLEAR, AND THAT IS THAT THE STATUS QUO NEEDS TO CHANGE. WE ARE TRYING TO DO OUR PART OF THE JUSTICE DEPARTMENT. WE HAVE DIRECTED PERSECUTORS TO START TEST
STOPPED URGING THAT A TRUE MINIMUMS FOR CERTAIN LOW-LEVEL
NONVIOLENT DRUG OFFENDERS — WE HAVE DIRECTED PROSECUTORS TO STOP THE MINIMUMS
FOR CERTAIN LOW-LEVEL NONVIOLENT DRUG OFFENDERS. I HAVE TO CORRECT ONE THING — IT IS 744 INDIVIDUALS RIGHT NOW . WHO IS COUNTING? MANY MORE TO COME. WE HAVE SIGNIFICANTLY BOLSTERED OUR REENTRY EFFORTS
HERE, TRYING TO ENSURE THAT ONCE INDIVIDUALS HAVE PAID THEIR DEBT TO SOCIETY
, THAT THEY HAVE THE TOOLS THEY NEED TO BE ABLE TO BE SUCCESSFUL WHEN THEY
REENTER THEIR COMMUNITIES. NOW ALL OF THIS STUFF IS REALLY IMPORTANT , BUT AS
WE ARE STRENGTHENING OUR CRIMINAL JUSTICE SYSTEM, I THINK WE ALSO HAVE TO REMEMBER
THAT A CORE COMPONENT OF THE SYSTEM IS THAT EVERYONE, REGARDLESS OF RACE
OR CLASS OR STATUS , HAS ACCESS TO COMPETENT COUNSEL . NOW MORE THAN HALF A CENTURY
AGO, THE SUPREME COURT OF FORMED — AFFIRMED WITH A CALL THE OBVIOUS
TRUTH THAT EVERY DEFENDANT CHARGED WITH A SERIOUS CRIME HAS A RIGHT TO AN ATTORNEY
, EVEN IF HE OR SHE CANNOT AFFORD ONE. THE COURT RECOGNIZED THAT ADEQUATE LEGAL REPRESENTATION
FOR THE MOST VULNERABLE AMONG US IS REALLY THE BEDROCK
OF OUR ENTIRE CRIMINAL JUSTICE SYSTEM. AND WHILE OUR NATION HAS MADE PROGRESS IN
REMOVING ERRORS FOR QUALITY REPRESENTATION, THE UNFORTUNATE REALITY IS
THAT , FIVE DECADES LATER, THE PROMISE OF GIDEON REMAINS UNFULFILLED FOR
FAR TOO MANY INDIVIDUALS IN OUR NATION. IN EVERY CORNER OF OUR COUNTRY, THERE ARE
PUBLIC DEFENDER SYSTEMS PAINFULLY UNDERSTAFFED AND UNDER RESOURCED
. SOME OFFICES HAVE HAD TO CLOSE THEIR DOORS TO NEW CLIENTS. OTHERS ARE FORCED TO REPRESENT A SEEMINGLY
NEVER- ENDING LINE OF CLIENTS WITHOUT THE ATTORNEYS
THAT THEY NEED TO BE ABLE TO PROVIDE ADEQUATE REPRESENTATION. THE BUREAU OF JUSTICE STATISTICS FOUND THAT BETWEEN 1999 AND 2007, THE NUMBER OF PUBLIC
DEFENDERS INCREASED BY ONLY 4%. YET THE CASE LOAN — CASELOAD INCREASED BY
OVER 20%. WE’RE MANAGING SUCH HUGE CASELOADS, SO WE CAN BE DIFFICULT, IF NOT
IMPOSSIBLE, FOR COUNSEL TO CARRY OUT THEIR LEGAL AND ETHICAL DUTIES TO THEIR CLIENTS. AT THE DEPARTMENT, WE ARE EMBRACING OUR RESPONSE VALIDITY TO ENSURE
THAT — OUR RESPONSIBILITY TO ENTER OUR COUNTRY LIVES UP TO THE PROMISE OF EQUAL
JUSTICE UNDER THE LAW. IN 2012, ATJ, UNDER LISA’S LEADERSHIP, LAUNCHED 22
DIFFERENT AGENCIES COMING TOGETHER FROM ACROSS THE GOVERNMENT TO WORK TO INTEGRATE
CIVIL LEGAL AID INTO A WIDE ARRAY OF FEDERAL AREAS. THIS MEANS THAT THIS ROUNDTABLE HAS UNLOCKED
MILLIONS OF DOLLARS IN ASSISTANCE THAT CAN BE USED
TO CONNECT AMERICANS AND LEGAL AID PROVIDERS TO VITAL SERVICES THAT ARE NECESSARY
IN THE AREA OF HEALTH CARE, HOUSING, EDUCATION, EMPLOYMENT, AND OTHER
CORE NEEDS FOR EVERY AMERICAN. IN 2015, ATJ SUPPORTED EFFORTS TO PREVENT THE
CRIMINALIZATION OF HOMELESSNESS . EARLIER THIS YEAR, THE DEPARTMENT ISSUED LEGAL
OBLIGATIONS WITH RESPECT TO THE ASSESSMENT AND ENFORCEMENT OF COURT FINES
AND FEES , DOING THIS TO ENSURE THAT INDIVIDUALS ARE NOT JAILED FOR BEING POOR. THE DEPARTMENT HAS FILED FOUR STATEMENTS OF INTEREST IN COURTS THROUGHOUT
THE COUNTRY ARE GIVING CONSTRUCTIVE DENIAL OF THE RIGHT TO COUNSEL
IN JURISDICTIONS WHERE PUBLIC DEFENDER SERVICES WERE SO UNDER RESOURCED
AND UNDERSTAFFED THAT THEY ESSENTIALLY RESULTED IN INDIGENT DEFENDANTS
HAVING COUNSEL AND NAME ONLY. AT THE SAME TIME, EARLIER THIS YEAR, WE ANNOUNCED
THAT THE DEPARTMENT WAS AWARDING $3.3 MILLION TO CITIES AND STATES
AND DEFENSE ADVOCACY ORGANIZATIONS TO SUPPORT THEIR INDIGENTS DEFENSE WORK. THIS WILL EXPAND THE NUMBER OF CITIES WHO HAVE AN OPPORTUNITY TO PARTICIPATE IN
SMART DEFENSE PROGRAMS, PROGRAMS WERE CITIES CAN USE RESEARCH AND DATA TO BE
ABLE TO ENSURE THAT THEIR CRIMINAL JUSTICE PROGRAMS ARE AS EFFECTIVE AS POSSIBLE. IT ALSO PROVIDES INVESTMENT AND RISK ASSESSMENT TOOLS TO BE USED IN PRETRIAL
RELEASE DECISION-MAKING PROCESS AND REENTRY PLANNING. WHILE ALL OF THESE STEPS ARE IMPORTANT AND
WE HOPE THAT THEY ARE MEANINGFUL, OUR WORK IS FAR FROM
FINISHED. ONE AREA I WOULD TO TALK A LITTLE BIT ABOUT TODAY IS ACCESS TO COUNSEL
AT BAIL HEARINGS. WHILE GIDEON AND SUBSEQUENT CASES MADE CLEAR THAT THE SIXTH
AMENDMENT GUARANTEES COURT- APPOINTED COUNSEL TO EVERY INDIGENT DEFENDANT
WHO FACES INCARCERATION , THERE IS STILL A QUESTION OF WHEN, PRECISELY HOW
EARLY IN THE CRIMINAL PROCEEDINGS THE CONSTITUTION REQUIRES THAT COUNSEL BE
APPOINTED. THIS IS ESPECIALLY IMPORTANT WHEN TALKING ABOUT A DEFENDANT’S
INITIAL APPEARANCE WHERE A JUDGE IS LIKELY TO DECIDE WHETHER TO DETAIN THE DEFENDANT
OR TO RELEASE HIM ON BAIL. IN THE FEDERAL SYSTEM, THE RULE ON BAIL HEARINGS
IS CLEAR. UNDER THE BILL REFORM ACT, DEFENDANTS HAVE A RIGHT TO AN ATTORNEY,
AND IF THEY CANNOT AFFORD ONE, THEY HAVE A RIGHT TO HAVE AN ATTORNEY APPOINTED
FOR SYSTEM, THE RULE ON BAIL HEARINGS IS THEM. AND THAT MAKES SENSE. THE CONSTITUTION NOT ONLY ENTITLES DEFENDANTS TRIP RESUMPTION OF INNOCENCE, BUT
IT ALSO PROTECTS THEM FROM EXCESSIVE BAIL. YET, MANY INDIGENT AND LOW-INCOME DEFENDANTS
ARE UNFAMILIAR WITH THE FULL EXTENT OF THOSE CONSTITUTIONAL
GUARANTEES. WITHOUT A DOUBT, THERE ARE SOME DEFENDANTS WHO ARE EITHER LIKELY
TO FLEE OR WHO ARE SO DANGEROUS THEY SHOULD BE DETAINED. BUT OTHERS SHOULD NOT. AND GIVEN THE SERIOUS CONSEQUENCES THAT CAN FLOW FROM A
PRETRIAL DETENTION SYSTEM, FROM LOSING A JOB AND HOUSING TO MISSING SCHOOL
AND DEFAULT THING ON DEBTS, IT IS CRUCIAL THAT DEFENDANTS HAVE COUNSEL ADVOCATING
FOR THEIR RIGHTS. EIGHT YEARS AGO, THE SUPREME COURT HELD THAT THE SIXTH
AMENDMENT RIGHT TO COUNSEL ATTACHES AT A DEFENDANT’S INITIAL APPEARANCE, THE INITIAL
APPEARANCE BEFORE A MAGISTRATE JUDGE, WHICH IS AN IMPORTANT MOMENT
WHERE THE DEFENDANT LEARNS ABOUT THE CHARGES AGAINST HIM AND HIS LIBERTY
IS SUBJECT TO RESTRICTION. BUT THE COURT HAS NOT GONE THE EXTRA STEP AND
STATED THAT A MAGISTRATE MUST APPOINT COUNSEL FOR AN INDIGENT DEFENDANT
AT THAT POINT IN CRIMINAL PROCEEDINGS. A NUMBER OF STATES, AND STATED THAT A MAGISTRATE
MUST NONETHELESS, HAVE TAKEN THAT STEP AND NOW
ENSURE THE AVAILABILITY OF COURT- APPOINTED COUNSEL WHEN A JUDGE IS SETTING
BAIL. OTHER STATES, THOUGH, HAVE NOT, AND IT IS NOT UNCOMMON FOR INDIGENT DEFENDANTS
IN SOME JURISDICTIONS TO BE HELD IN JAIL FOR WEEKS OR EVEN MONTHS BEFORE
THEY ARE ASSIGNED AN ATTORNEY WHO CAN ADVOCATE ON THEIR BEHALF. THAT IS WRONG, AND THAT IS INCONSISTENT WITH OUR BASIC NOTIONS OF FAIRNESS. ATTORNEY WHO CAN ADVOCATE ON THEIR IN 1964, ATTORNEY GENERAL KENNEDY TESTIFIED BEFORE
COVERS ON LEGISLATION TO OVERHAUL THE FEDERAL BAIL REFORM ACT, AND HE EXPRESSED
CONCERN THAT BAIL HAD, IN HIS WORDS, BECOME A VEHICLE FOR SYSTEMIC INJUSTICE. HE DIAGNOSED THE PROBLEM PRETTY BLUNTLY , STATING THAT FAR TOO MANY
MEN AND WOMEN REMAINED IN JAIL SIMPLY BECAUSE THEY CANNOT AFFORD TO PAY FOR
THEIR FREEDOM. CERTAINLY, MUCH HAS CHANGED SINCE THEN, BOTH OF THE FEDERAL
LEVEL AND ACROSS THE STATES. BUT OUR CONSTITUTION PRIZES THE RIGHT TO COUNSEL
IN A CRIMINAL PROCEEDING . AND REGARDLESS OF WHETHER THE SUPREME COURT DETERMINES
THAT THE SIXTH AMENDMENT REQUIRES IT, IT IS CLEAR TO ME THAT OUR NATION’S
CORE VALUES DEMAND THAT ALL JURISDICTIONS RECOGNIZE THE NEED FOR COURT-APPOINTED
COUNSEL AT A BAIL HEARING. NOT ONLY IS THE DEFENDANT’S LIBERTY AT STAKE
, BUT SO, TOO, IS THE FAIRNESS OF OUR CRIMINAL JUSTICE SYSTEM. WE MAY BE IN THE CLOSING DAYS OF THIS ADMINISTRATION, BUT THE FIGHT FOR FAIRNESS
WILL CONTINUE WELL INTO THE FUTURE. WE HOPE THAT OTHERS WILL CONTINUE THE EFFORT
TO SECURE ACCESS TO COUNSEL, INCLUDING AT BAIL HEARINGS. MOVING FORWARD, WE WILL KEEP VOICING ONGOING SUPPORT FOR FEDERAL AND STATE DEFENDER PROGRAMS,
INCLUDING APPROPRIATE FUNDING AND RESOURCES. IN JUSTICE BLACK’S HISTORIC GIDEON OPINION,
HE OBSERVED THAT THE RIGHT OF ONE CHARGED WITH A CRIME TO COUNSEL
MAY NOT BE DEEMED FUNDAMENTAL AND ESSENTIAL IN SOME COUNTRIES, BUT IT IS
AN HOURS — BUT IT IS IN OURS. THANK YOU FOR WHAT YOU DO TO MAKE OUR SHARED
OBLIGATION TO FULFILL THAT PROMISE A REALITY. THANK YOU.>>[APPLAUSE] MS. FOSTER: THANK YOU. LET’S HAVE ANOTHER ROUND OF APPLAUSE FOR SALLY
YATES.>>[APPLAUSE] MS. FOSTER: NOW IT IS MY PLEASURE TO INTRODUCE
DENISE O’DONNELL, WHO HAS SERVED AS THE DIRECTOR OF THE DEPARTMENT’S
BUREAU OF JUSTICE ASSISTANCE SINCE 2011. BJA IS RESPONSIBLE FOR THE DEVELOPMENT AND
IMPLEMENTATION OF DATA-DRIVEN RESEARCH-BASED CRIMINAL JUSTICE POLICY AND
CURRENTLY FUNDS OVER 4000 GRANTS IN EXCESS OF $2 BILLION. PRAYER TO JOINING BJA, SHE SERVED AS DEPUTY
SECRETARY FOR PUBLIC SAFETY IN NEW YORK STATE AND AS
COMMISSIONER OF THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES. SHE SERVED AS CHAIR OF THE NEW YORK STATE COMMISSION ON FORENSIC SCIENCE AND THE
NEW YORK STATE COMMISSION ON REFORM. FORMER UNITED STATES ATTORNEY FOR THE WESTERN
DISTRICT OF NEW YORK AND FORMER ASSISTANT UNITED STATES ATTORNEY. IT IS THROUGH BJA THAT THE RIGHT TO COUNSEL CONSORTIUM AND NUMEROUS OTHER PROGRAMS
SUPPORTING INDIGENT DEFENSE ARE FUNDED. DIRECTOR O’DONNELL.>>[APPLAUSE] MS. O’DONNELL: GOOD MORNING, EVERYONE, AND THANK
YOU FOR BEING HERE AND JOINING US IN THE GREAT HALL HERE AT THE DEPARTMENT OF
JUSTICE . I AM SO EXCITED TODAY, BECAUSE WE HAVE PUT DISSIDENTS, AS — WE HAVE
PARTICIPANTS FROM ALL ACROSS THE COUNTRY, RANGING FROM NATIONAL LEADERS IN
THE PUBLIC DEFENSE COMMUNITY TO JUDGES TO LEGISLATORS TO POLICYMAKERS AND
EVEN A FEW PROSECUTORS. THE DIVERSITY OF THE GROUP REINFORCES THE FACT
THAT THE RIGHT TO COUNSEL IS NOT JUST A POLICY THAT WE SHOULD STRIVE TO IMPLEMENT
BUT A CONSTITUTIONAL RIGHT THAT WE ARE INTERESTED TO UPHOLD . THE BUREAU
OF JUSTICE ASSISTANCE IS A UNIQUE COMPONENT AT DOJ AND THAT OUR MISSION
IS TO SUPPORT THE WORK OF OUR STATE AND LOCAL STAKEHOLDERS. OUR OVERARCHING MISSION AT BJA IS TO REDUCE CRIME, RECIDIVISM, AND UNNECESSARY CONFINEMENT
AND TO PROMOTE A SAFE AND A FAIR CRIMINAL JUSTICE SYSTEM. SINCE BECOMING DIRECTOR OF BJA, I HAVE ASKED
OUR TEAM TO FOCUS ON A COUPLE OF KEY AREAS. FIRST, ENSURING FAIRNESS IN THE SYSTEM, INCLUDING BUILDING TRUST, ENHANCING
PROCEDURAL JUSTICE, AND ENSURING THAT CORE SERVICES ARE IN PLACE TO ENSURE
THE CONSTITUTIONAL RIGHTS ARE A REALITY. SECOND, USING DATA AND RESEARCH TO BETTER
UNDERSTAND AND TARGET THE ISSUES. AND THIRD, IN ADDITION TO BJA’S MISSION , REDUCING
UNNECESSARY CONFINEMENT, BOTH PRETRIAL AND POSTTRIAL ADJUDICATION. SUPPORT FOR PUBLIC DEFENSE IS A CRITICAL COMPONENT IN ACHIEVING
THESE PRIORITIES AND A STRONG AND VITAL FOCUS OF DOJ DURING THIS ADMINISTRATION. I AM VERY PROUD OF THE HARD WORK OF BJA STAFF AND ALL OF OUR PARTNERS
IN THIS ROOM, SO MANY OF WHOM HAVE HELPED TO ADVANCE THESE IMPORTANT GOALS. THE PURPOSE OF THE RIGHT TO COUNSEL CONSORTIUM IS TO FOCUS ON HOW WE CAN CONTINUE
TO MAKE THE PROMISE OF GIDEON A REALITY FOR INDIGENT PERSONS AT EVERY STAGE
OF THE CRIMINAL JUSTICE SYSTEM NATIONWIDE. HOW CAN WE RAISE A NATIONAL AWARENESS AROUND
THE IMPORTANCE OF MEANINGFUL PUBLIC DEFENSE SERVICES? AND HOW CAN WE ACHIEVE A FAIR AND EQUITABLE JUSTICE SYSTEM THROUGH SETTING UP
EFFECTIVE DEFENSE DELIVERY SYSTEMS THROUGHOUT THE COUNTRY? AND I CANNOT BELIEVE IT IS A YEAR SINCE YOU
FIRST STARTED THIS IMPORTANT WORK. BJA PLAYS AN IMPORTANT ROLE IN HELPING TO
ADVANCE THIS WORK. THROUGH THE DEVELOPMENT OF A STRONG PUBLIC
DEFENSE PROGRAM, LIKE BJA’S SMART DEFENSE PROGRAM, PROGRAMS THAT
ARE NOT AFRAID TO INNOVATE, THAT ARE WILLING TO HAVE THEIR WORK MEASURED AND
EVALUATED, WE’RE GROWING THE BODY OF KNOWLEDGE ABOUT WHAT EFFECTIVE DEFENSE
IS AND HOW IT CAN IMPROVE THE CRIMINAL JUSTICE SYSTEM. WITH TRAINING AND TECHNICAL ASSISTANCE FROM
THE NATIONAL LEGAL AID AND DEFENDER ASSOCIATION,
THIS IS ONE OF 10 PROGRAMS IN A LARGER BJA SUI TE OF SMART PROGRAMS THAT USE
EVIDENCE-BASED PRACTICES IN RESEARCH — AND RESEARCH PARTNERS TO DEVELOP
EFFECTIVE MODELS THAT WILL IMPROVE AND ADVANCE OUR PUBLIC DEFENSE SYSTEM. THE CURRENT SMART DEFENSE SITES ARE AT ALAMEDA COUNTY, STATE OF KENTUCKY,
NEW YORK CITY, TEXAS, WISCONSIN, AND NEW THIS YEAR, COSTA COUNTY. ONE OF THE MOST IMPORTANT COMPONENTS OF SMART DEFENSE IS THAT IT APPROPRIATES A PRACTITIONER
RESEARCH FOR OWNERSHIP AT ITS CORE — RESEARCH PARTNERSHIP AT ITS CORE. THE RESEARCH COMPONENT IS IMPORTANT, AND WE HAVE INVESTED A LOT TO GET THE FIELD
THINKING HOW BEST TO USE RESEARCH AND DEVELOPING EFFECTIVE PROGRAMS. IN THE PUBLIC DEFENSE FIELD, AS IN MANY OTHER PROPONENTS OF THE CRIMINAL JUSTICE SYSTEM,
THIS IS A RELATIVELY NEW CONCEPT. NEW CRIMINAL JUSTICE RESEARCHERS HAVE WORKED
WITH DEFENDER OFFICES, AND FEW DIFFERENT OFFICES HAVE EXPERIENCED
WORKING WITH RESEARCHERS. SO WE ALL HAVE MUCH TO LEARN, BUT THERE IS A LOT OF
EXCITEMENT AND OPPORTUNITY FOR DOING SO , AND THE POTENTIAL FORWARD THIS CAN LEAD
IS IS BEYOND MEASURE. FOR EXAMPLE, IN ALAMEDA COUNTY, WE’RE HELPING
TO IMPLEMENT A COMPREHENSIVE PREARRANGEMENT SERVICES PROGRAM. WHAT DOES IT MEAN FOR THE COUNTY IN WHICH
IN 2014 HAD CLOSE TO 25,000 NEW CRIMINAL FILINGS? IT MEANT THAT MOST OF THE PEOPLE APPEARING BEFORE A JUDGE AND PROSECUTOR
DID NOT HAVE REPRESENTATION, EVEN THOUGH DECISIONS HAD LASTING CONSEQUENCES
FOR THEM. THEY WERE BEING MADE IN CASES THAT AFFECTED THEIR LIVES. THE DATA FOR THIS OUT AND REVIEW OF JUST THE OAKLAND MISDEMEANOR ARRAIGNMENT COURT
OVER THREE AND A HALF MONTHS, 1138 PEOPLE WERE ARRAIGNED WITHOUT A PUBLIC DEFENDER
AND THEREFORE REMAINED IN CUSTODY. ALL OF THESE DEFENDANTS, WHO WERE THEN RELEASED
TODAY OR TWO AFTER A PUBLIC DEFENDER ENTERED THE CASE, SUGGESTING
THAT CLOSE TO 75 PEOPLE EVERY MONTH LOST A DAY OR TWO OF THEIR LIVES, INTERRUPTING
THE FAMILY AND WORK LIVES UNNECESSARILY BECAUSE THEY LACKED A DEFENSE
AT THE CRITICAL STAGE. BECAUSE OF SMART DEFENSE, ALAMEDA IS NOW TURNING THE
TIDE. WE’RE ALSO WORKING WITH KENTUCKY AND NEW YORK CITY TO DEVELOP STRATEGIES
TO ENHANCE THE QUALITY OF ASSIGNED COUNSEL TRACKING TO ASSESS THE QUALITY
OF PRIVATE ASSIGNED COUNSEL IN A VARIETY OF WAYS, INCLUDING PERCEPTIONS OF
THE JUDICIARY, THE NUMBERS AND KINDS OF CASES ASSIGNED ATTORNEYS HANDLE,
AND THE DISPOSITION OF THE CASES. PUBLIC DEFENDERS AND OTHER COORDINATORS NEED
GOOD INFORMATION ABOUT WHERE DEFENSE SERVICES ARE NEEDED AND DEPLOYED,
ASSESSING THE QUALITY OF INCLUDING PLACES WHERE THE STATE EXCEL S AND WHERE GREATER
FOCUS IS NEEDED. THE REPORTING AND ANALYSIS PROJECT WILL INTEGRATE
THE STATE PUBLIC DEFENDERS’ INDIVIDUAL CASE DATA WITH CASE DATA OF THE
WISCONSIN COURT DATA TO ADEQUATELY MEASURE THE QUALITY OF INDIGENT DEFENSE. ANOTHER BJA PROGRAM IS FOCUSED ON ELEVATING THE QUALITY OF PUBLIC DEFENSE THROUGH
IMPROVED TRAINING AND WORKLOAD MANAGEMENT. THROUGH IN PERSON AND WEB-BASED TRAINING PROGRAMS,
THE NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS , THE
TRAINING AND TECHNICAL ASSISTANCE PARTNER HAS PROVIDED TRAINING TO
JURISDICTIONS ACROSS THE COUNTRY. THIS PAST MARCH, THEY DELIVERED A TRAINING
IN OXFORD, MISSISSIPPI IN TAKING THE FEAR OUT OF FORENSICS, GIVING DEFENDERS
A BETTER GRASP OF THE SCIENCE BEHIND FORENSIC TESTIMONY IN THE COURTROOM. THEY ALSO PROVIDED A WEBINAR ON DEFENDING INTERROGATION CASES, PRESENTING
INFORMATION ON INTERROGATION TECHNIQUES. THEY DISCUSSED STRATEGIES FOR LITIGATING SUCH
CASES. IN ADDITION TO THESE TYPES OF TRAINING , GRANT FUNDING
IS AVAILABLE UNDER GIDEONS CALLED FOR SCHOLARSHIPS . BY THE END OF SEPTEMBER,
THE CLOSE OF THE FISCAL YEAR , MORE THAN 115 PUBLIC DEFENSE PRACTITIONERS
HAVE RECEIVED SCHOLARSHIPS TOTALING MORE THAN $40,000. GIDEON’S CALL IS WORKING TO ADDRESS THE ISSUE
THAT THE DEPUTY ATTORNEY GENERAL RAISED ABOUT LARGE
CASELOADS , PUBLIC DEFENDERS ARE MANAGING. FOR THE LAST TWO YEARS , WE HAVE BEEN CONDUCTING
WORKLOAD STUDIES IN THE STATE OF RHODE ISLAND AND KNOXVILLE, TENNESSEE
. REPORT ON THEIR FINDINGS WILL BE AVAILABLE LATER THIS YEAR AND WILL
HOPEFULLY HELP TO SHAPE THE DIRECTION OF CASELOAD MANAGEMENT IN JURISDICTIONS
ACROSS THE COUNTRY. BJA ‘ S INVESTMENTS TO PUBLIC DEFENSE ARE NOT JUST
ABOUT TRAINING OR COLLECTING DATA OR EVEN FURTHERING RESEARCH OR PRODUCING RESULTS,
THEY ARE ABOUT FAIRNESS. THERE IS A GROWING BODY OF CRIMINAL JUSTICE
RESEARCH IN THE AREA OF PROCEDURAL JUSTICE THAT HAS CONFIRMED SOMETHING THAT
MOST PUBLIC DEFENDERS HAVE EXPERIENCED FOR A LONG TIME, NAMELY THAT WHEN
A PERSON WHO COMES IN CONTACT WITH THE JUSTICE SYSTEM BELIEVES HE OR SHE
IS TREATED WITH DIGNITY AND RESPECT , UNDERSTANDS THE CRIMINAL JUSTICE PROCESS
OR HAS IT EXPLAINED TO THEM, HAS A CHANCE TO BE HEARD , AND BELIEVES THAT THE
DECISION-MAKING PROCESS IS NEUTRAL AND UNBIASED , HE OR SHE IS MORE LIKELY TO
ACCEPT THE DECISION IN THEIR CASE AND IS MORE LIKELY TO COMPLY WITH AND FOLLOW
THE LAW MOVING FORWARD. AT A TIME WHEN MISTRUST IN THE CRIMINAL JUSTICE SYSTEM
IS AT A PEAK , EFFECTIVE REPRESENTATION BY COUNSEL IMPROVES PERCEPTIONS
OF PROCEDURAL JUSTICE. THAT IS WHY BJA IS COMMITTED TO THIS WORK AND TO IMPROVING
PUBLIC DEFENSE DELIVERY SYSTEMS OVERALL. WHILE WE ARE WORKING ON TRAINING PUBLIC DEFENDERS
, EDUCATING THE PUBLIC ON THE IMPORTANCE OF THE CONSTITUTIONAL
RIGHT TO COUNSEL , AND ENSURING FAIRNESS THROUGHOUT THE CRIMINAL
JUSTICE SYSTEM, WE ALSO HAVE TO ADDRESS THE ISSUES AROUND UNNECESSARY CONFINEMENT
AND THE IMPORTANCE OF COUNSEL AT EVERY STEP IN THE ADJUDICATION
PROCESS. THE PRETRIAL RELEASE ADVOCACY PROJECT IS A KEY PARTNER IN THIS
EFFORT, BY FOCUSING ON STATES THAT ARE ALREADY REFORMING THEIR PRETRIAL RELEASE
PROCEDURES THING RISK ASSESSMENT TOOLS — AND USING RISK ASSESSMENT TOOLS,
WE ARE TAKING STEPS TO INTEGRATING EVIDENCE-BASED PRACTICES IN A MEANINGFUL WAY. THE DEVELOPMENT OF RESEARCH AND DATA IN USING EVIDENCE-BASED PRACTICES IS
KEY TO BUILDING SUPPORT FOR THE RESOURCES NEEDED TO ADVANCE YOUR WORK . IN
CLOSING, I WANT TO EXPRESS A NOTE OF THANKS TO KEN BALL , WHO HAS ACCEPTED AN
EXCITING POSITION AT AMERICAN UNIVERSITY I WANT TO THANK HER FOR HER TIME
AS A SENIOR POLICY ADVISOR AT BJA . I WANT TO THANK ASSOCIATE DEPUTY DIRECTOR
BETSY GRIFFITH, WHO IS SUPERVISING THIS WORK AND STANDING IN FOR KIM UNTIL A
REPLACEMENT IS ON BOARD. THANK YOU FOR THE TALENTED STAFF AT AU AND TODAY’S MEETING. LAST, BUT NOT LEAST, WE OWE A DEBT OF GRATITUDE TO LISA FOSTER, WHO HAS
BEEN A GREAT, GREAT DIRECTOR OF THE ACCESS TO JUSTICE OFFICE AND PARTNER TO
US, AND TO ATTORNEY GENERAL LORETTA LYNCH AND DEPUTY ATTORNEY GENERAL
SALLY GATES, WHO HAVE FOLLOWED IN THE TRADITION OF ERIC HOLDER IN MAKING PUBLIC
DEFENSE A PRIORITY AT BJA . IT IS OUR HOPE THAT WE WILL HELP JURISDICTIONS
BETTER MANAGE PUBLIC DEFENDER PROGRAMS AND INCREASE THE EFFECTIVENESS AND
QUALITY OF PUBLIC DEFENSE IN THE FAIR ADMINISTRATION OF JUSTICE FOR ALL. THANK YOU FOR THE DEDICATED WORK THAT YOU ALL DO . WE HAVE A GREAT AGENDA IN THE
DAY AHEAD. I LOOK FORWARD TO SEEING THE RESULTS OF THE CONSORTIUM IN THE MONTHS
AND YEARS TO COME. THANK YOU.>>[APPLAUSE]>>NOW, FROM THE SUBLIME TO THE MUNDANE , WE
HAVE INSPIRED YOU AND MOTIVATED YOU FOR THE DAY AHEAD. LET ME TURN TO HOUSEKEEPING MATTERS. YOU CAME IN THIS MORNING THROUGH A SPECIAL ATTORNEY GENERAL’S
ENTRANCE. WHEN YOU LEAVE, YOU WILL NEED TO GO THROUGH OUR REGULAR VISITORS’
CENTER. IF YOU NEED TO LEAVE DURING THE DAY AND WANT TO COME BACK , WHICH
YOU MAY DO, YOU NEED TO GO OUT OF AND BACK THROUGH OUR REGULAR VISITORS ‘ CENTER
ENTRANCE ON THE CONSTITUTION SIDE OF THE BUILDING. YOU WILL WALK DOWN THE HALLWAY AND TURN LEFT. IT IS ON CONSTITUTION BETWEEN NINTH AND 10TH. YOU SHOULD PLEASE KEEP THOSE LOVELY GREEN BADGES VISIBLE AT ALL TIMES THAT YOU ARE WITH
US IN THE BUILDING. BATHROOMS ARE AT THE ENDS OF THE HALL OUTSIDE ON EITHER
SIDE. WE ASK YOU PLEASE, WHEN YOU ARE IN THE HALLWAYS , TO BE QUIET. THERE ARE LOTS OF PEOPLE WORKING ALL AROUND US. IF YOU WANT TO TAKE A BREAK AND MEET WITH
SOMEONE QUIETLY OR NEED A QUIET SPACE , THE BEST PLACE TO DO THAT IS
IN THE COURTYARD RIGHT BEHIND YOU. IT IS A LOVELY DAY OUTSIDE. YOU JUST WALK BACK AND DOWN THE STAIRS AND
OUT INTO THE COURTYARD. THERE IS NO WI-FI IN THE GREAT HALL OF JUSTICE. I APOLOGIZE. IT IS JUST A SAD REALITY OF THIS BUILDING. THIS MORNING , UNTIL LUNCH, THE MEETING IS OPEN TO PRESS. SO, YOU CAN FEEL FREE TO TWEET, USING #RIGHT 2COUNSEL WITH THE NUMBER 2 IN IT. YOU COULD FIND US ON TWITTER AND FACEBOOK. BIOGRAPHIES OF MOST OF THE PANEL PARTICIPANTS
, ALL THE PANEL PARTICIPANTS AND SPEAKERS, ARE IN YOUR MATERIALS. I’M GOING TO BE VERY SHORT WHEN I INTRODUCE PEOPLE. IF YOU WANT TO FIND OUT MORE ABOUT WHO THEY
ARE AND THE WORK THEY HAVE DONE, REFERRED TO THE BIOS. IF YOU WANT TO — NEED ANYTHING, THERE ARE DOJ STAFF AND INTERNS
HERE. I’M GOING TO ASK THEM TO STAND UP . ANYBODY IN ACCESS TO JUSTICE, STAFFERS,
THEY ARE HERE TO HELP , JUST FIND ONE OF THEM AND ASK A QUESTION. AS YOU WILL SEE ON THE AGENDA, OUR DAY TODAY IS DIVIDED INTO THREE PARTS. WE ARE GOING TO LOOK RETROSPECTIVELY AT WHERE
WE HAVE BEEN, BRIEFLY, WE WILL EXAMINE IN GREATER
DETAIL WHERE WE ARE NOW , AND WE WILL LOOK PROSPECTIVELY AT WHAT NEEDS TO
BE DONE AND DISCUSS IDEAS FOR HOW WE CAN ENSURE MEANINGFUL REPRESENTATION FOR
ALL IN OUR JUSTICE SYSTEM. TO ADJUST THE PAST AND GIVE YOU A BRIEF OVERVIEW
OF THE CONTRIBUTIONS CONSORTIUM MEMBERS HAVE MADE TO IMPROVING INDIGENT DEFENSE
, WE ARE GOING TO TURN TO PREETI P. MENON . PREETI IS THE
PROJECT DIRECTOR FOR THIS RIGHT TO COUNSEL CONSORTIUM. PREET I?>>[APPLAUSE] PREETI P. MENON : GOOD MORNING. I HAVE TO PUT THIS DOWN. THANK YOU SO MUCH TO THE DEPARTMENT OF JUSTICE FOR
SUPPORTING THIS RIGHT TO COUNSEL INITIATIVE AND FOR HOSTING THE SECOND ANNUAL
MEETING. THIS GREAT HALL IS ONE OF MY FAVORITE SPOTS, SO THANK YOU SO MUCH,
AND FOR RECOGNIZING THE ORDINANCE OF RIGHT TO COUNSEL. LIKE LISA SAID, I’M PREETI P. MENON . I’M
A SENIOR ASSOCIATE AT THE AMERICAN UNIVERSITY SCHOOL
OF PUBLIC AFFAIRS, AND I’M ALSO PROJECT DIRECTOR OF THE RIGHT TO COUNSEL INITIATIVE. I WANT TO START WITH A LITTLE STORY. WHEN I FIRST GOT INVOLVED IN CRIMINAL JUSTICE
POLICY, MY FOCUS WAS MOSTLY ON THE OVERALL COURT SYSTEM. AND ALSO AT LOOKING AT HOW DIFFERENT COMPONENTS OF THE JUSTICE INTERACTS. IN 2008, AS A POLICY ADVISOR, I WAS TASKED WITH PUTTING TOGETHER A FOCUS GROUP
ON PUBLIC DEFENSE. IT WAS A ONE-DAY EVENT AND IT WAS AN EVENT WHERE LEARNED QUITE
A BIT ABOUT CRIMINAL DEFENSE AND THE DIRE NEED FOR REFORM. THE FOCUS GROUP WAS JUST A BEGINNING AND AS
I CONTINUE TO WORK ON MY ADJUDICATION PORTFOLIO,
I THOUGHT ABOUT THE IMPORTANCE OF COUNSEL AND THE IMPROVEMENT NEEDED IN PUBLIC
DEFENSE ON A REGULAR BASIS. HOWEVER, I WAS NOT ABLE TO DEDICATE THE TIME
TO IT UNTIL I TRULY BECAME IMMERSED IN THIS RIGHT TO COUNSEL MEASURE
CAMPAIGN. HAVING SEEN THE ISSUES THAT YOU WILL HERE LATER TODAY ON A REGULAR
BASIS, IT MADE ME REALIZE THAT THE CHANGE OF THIS MAGNITUDE, WHAT WE ARE TRYING
TO ACHIEVE HERE TAKES TIME AND CONSTANT REMINDER. DURING THIS TIME, I BEGAN TO SEE THE IMPACT
, DURING THE TIME OF MY INVOLVEMENT IN THE CAMPAIGN, I
BEGAN TO SEE THE IMPACT THAT PUBLIC DEFENSE HAS ON EVERY STAGE OF THE CRIMINAL
JUSTICE SYSTEM, FROM BEGINNING TO MASS INCARCERATION, AND EVEN DURING REENTRY. AS LISA FOSTER, THE DIRECTOR OF ACCESS TO JUSTICE, AND IS THE DEPUTY ATTORNEY
GENERAL SALLY GATES, AND THE DIRECTOR JUST SPOKE TO THIS. WE GET SO BUSY IN OUR DAY-TO-DAY LIVES THAT OFTEN, IT MAKES IT DIFFICULT TO FOCUS ON SOMETHING
THAT WE LEARN IN A ONE-DAY MEETING. I JUST WANT TO ASK STRESS THE IMPORTANCE THAT
IT TAKES TO ACTIVELY REMIND OURSELVES OF THE IMPORTANCE OF PUBLIC
DEFENSE. WE CAN’T JUST TAKE THIS ONE-DAY MEETING AND GO BACK , WE HAVE TO STAY
CONSTANTLY INVOLVED. AS YOU KNOW, RIGHT TO COUNSEL KICKED OFF LAST YEAR
. OUR MISSION IS TO INFORM AND ENGAGE POLICYMAKERS, CRIMINAL JUSTICE STAKEHOLDERS
, AND COMMUNITY ON THE IMPORTANCE OF MEANINGFULLY CARRYING OUT THE
SIXTH AMENDMENT RIGHT TO COUNSEL. WE HAVE BUILT A BROAD-BASED COALITION OF STAKEHOLDERS,
ALL OF YOU, WHO ARE HERE TODAY, WHO HAVE GIVEN THIS TOPIC THE
SUPPORT AND IMPORTANCE THAT IT NEEDS. WE HAVE ALSO COME UP WITH A COLLECTIVE VISION
, WHICH IS A FAIR AND EQUITABLE CRIMINAL JUSTICE SYSTEM THAT REQUIRES
REPRESENTATION BY SKILLED DEFENSE COUNSEL WITH ADEQUATE RESOURCES AT
EVERY STAGE OF THE CRIMINAL PROCESS. NEXT SLIDE. OVER THE PAST YEAR , OUR CONSORTIUM MEMBERS
HAVE KEPT THEIR PROMISES THAT THEY HAVE MADE DURING
THE INAUGURAL MEETING AND HAVE REACHED OUT TO CONSTITUENCIES AT THE NATIONAL
CONFERENCES, AT THE REGIONAL EVENTS, THROUGH WEBINARS, AND BY DISTRIBUTING
MATERIAL ONLINE. SOME OF YOU HAVE BEEN ACTIVELY FOLLOWING US ON FACEBOOK
AND TWITTER , SO THANK YOU, AND REPOSTING AND RE-TWEETING AND IT HAS BEEN
A VERY EXCITING YEAR. LIKE I MENTIONED BEFORE, THIS IS JUST THE BEGINNING. I CANNOT POSSIBLY GO THROUGH EVERYTHING OUR CONSORTIUM MEMBERS HAVE ACCOMPLISHED
OVER THE PAST YEAR JUST DURING THIS SHORT SESSION , BUT I WOULD LIKE
TO GO THROUGH SOME HIGHLIGHTS FROM THE YEAR. IN SEPTEMBER , WE PRESENTED AT THE AMERICAN
JUDGES ASSOCIATION ‘S ANNUAL CONFERENCE. OUR PRESENTATION DISCUSSED THE ROLES OF JUDICIARY
IN MEANINGFULLY CARRYING OUT THE CONSTITUTIONAL
RIGHT TO COUNSEL. IT WAS ONE OF THE BEST SESSIONS I HAVE EVER HAD AN OPPORTUNITY
TO MODERATE. TWO OF THE PANELISTS ARE HERE TODAY. THE EXECUTIVE DIRECTOR OF THE NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS AND JUDGES BETTY
MOORE , FROM SHELBY COUNTY, TENNESSEE. THE PAST AND CURRENT PRESIDENTS FROM THE AMERICAN
JUDGES ASSOCIATION ASKED US TO CONTINUE THE CONVERSATION
AND THEY ALREADY HAVE IS ON THE AGENDA FOR THEIR MIDYEAR AND NEXT ANNUAL
MEETING. AT AMERICAN UNIVERSITY, WE HAVE HAD AN OPPORTUNITY TO COORDINATE EFFORTS
WITH ALL OF YOU AND THERE IS ONE PARTICULAR EFFORT ON HIGHLIGHTING PUBLIC
DEFENSE AND REENTRY THAT WE HOSTED RECENTLY. THIS WAS PART OF DOJ’S NATIONAL REENTRY WEEK. IN APRIL, AMERICAN UNIVERSITY POSTED A REMOTE TOWN HALL
ON THE ROLE OF PUBLIC DEFENSE AND REENTRY. PRETTY MUCH EVERYTHING AM GOING TO LIST TODAY
IS ON OUR WEBSITE , THE RIGHT TO COUNSEL WEBSITE, AND WE HAVE
BEEN PUTTING IT ON FACEBOOK. AT THE JUSTICE PROGRAMS OFFICE, WE HAVE POSTED A
WEBINAR FOR PUBLIC DEFENSE IN DRUG COURTS. TO GIVE YOU AN IDEA, WE ARE TRYING TO COVER
AND SHOW HOW PUBLIC DEFENSE SHOULD BE INSERTED AND ALSO THOUGHT
ABOUT IN ALL THESE DIFFERENT STAGES IN DIFFERENT ASPECTS. THE NATIONAL ASSOCIATION OF COUNTIES HAVE
BEEN AN AMAZING CHAMPION FOR RIGHT TO COUNSEL . THEY
HAVE CONTINUED TO HIGHLIGHT THE IMPORTANCE OF PUBLIC DEFENSE THROUGHOUT THE
YEAR. WE DO HAVE MAKE AND GILMORE HERE — MEGHAN GILMORE HERE. SAY HELLO. THEY ALSO PRESENTED AT THE NATIONAL ASSOCIATION OF PRETRIAL SERVICES AGENCIES
FOR US. SHE HAS BEEN PRESENTING WITH N ACO AT THEIR ANNUAL CONFERENCE AND AT THE
NATIONAL ASSOCIATION OF PRETRIAL SERVICES. WITH THE NATIONAL ASSOCIATION OF COURT MANAGEMENT
, THE ENGAGEMENT AND INTEREST FROM COURT MANAGERS AND ADMINISTRATORS
IN RIGHT TO COUNSEL HAS TRULY, TRULY BEEN WONDERFUL. DURING THE SESSIONS AT PAST JULY’S ANNUAL CONFERENCE, WE HAD PEOPLE COMING UP TO US
ASKING OUR ADVICE ON HOW CAN THEY GET INVOLVED. THIS PICTURE OVER HERE IS OF A COMMUNITY ADVOCATE
AND HE HAS PRESENTED ON PARTICIPATORY DEFENSE AT SEVERAL
VENUES, INCLUDING AS PART OF THE TRAINING IN DISCUSSING FAMILY AND COMMUNITY
INVOLVEMENT IN COURTS. HIS INVOLVEMENT AND HE HAS ALSO USED SOCIAL MEDIA
TO HELP DO THE OUTREACH. THE NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS. I CANNOT SAY ENOUGH FOR WHAT THEY HAVE DONE. THEY HAVE BEEN A KEY RIGHT TO COUNSEL PLANNING
PARTNER. THEY HAVE BEEN A TRUE COLLABORATOR IN PROVIDING
CONTINUOUS SUPPORT. I COULD DO A WHOLE SESSION ON THE WORK THAT THEY HAVE DONE. ONE OF THE REPORTS THEY PUT OUT IN APRIL FROM SOUTH CAROLINA TITLED SUMMARY
INJUSTICE, A LOOK AT CONSTITUTIONAL DEFICIENCIES , IS JUST AN EXAMPLE
OF SOME OF THEIR WORK AND THERE IS MATERIAL AND THE FACT THAT WE HAVE
, SO PLEASE FEEL FREE TO PICK THAT UP . IT IS ALSO ON THEIR WEBSITE. THE NATIONAL ASSOCIATION OF PUBLIC DEFENDERS RELEASED THIS 2015 ANNUAL REPORT EVERY DAY. THE PROVIDED JAIL, COURTS, AND COMMUNITIES ACROSS THE COUNTRY. THEY HELD A WEBINAR IN FEBRUARY, IN COLLABORATION WITH GIDEON’S PROMISE. THE PASSION AND COMMITMENT TO IMPROVING PUBLIC DEFENSE IS TRULY COMMENDABLE. I WISH JOHN WAS HERE TODAY , HE WAS NOT ABLE TO MAKE IT, BUT HE HAS BEEN A TRUE CHAMPION. THEY ALSO HOSTED A WEBINAR IN MARCH THAT PROVIDED REVIEW OF THE RIGHT
TO COUNSEL CAMPAIGN. WITH THE DOJ’S NATIONAL REENTRY WEEK, THEY COLLABORATED WITH
AMERICAN UNIVERSITY , SO IT HAS BEEN WONDERFUL TO HAVE THEM, AS WELL. NATIONAL CRIMINAL JUSTICE ASSOCIATION , WE ARE WORKING WITH AN ADMINISTRATING AGENCY
AND AT THE REGIONAL PRETRIAL MEETING, WE WERE ABLE TO PRESENT AND TALK
ABOUT THE IMPORTANCE OF COUNSEL. WE ALSO HOSTED A BREAKFAST WITH EXPERTS AT THE
ANNUAL CONFERENCE AND DISCUSSED THE RIGHT TO COUNSEL. WE’RE PLANNING TO HOST A ROUNDTABLE TO TALK
ABOUT SYSTEMATICALLY AND STRATEGICALLY HOW THEY
SHOULD INCLUDE PUBLIC DEFENSE AND WHERE THEY SHOULD DO IT AND HOW TO BRAINSTORM
ON IDEAS. NATIONAL LEGAL AID AND DEFENDERS ASSOCIATION. ALSO A KEY RIGHT TO COUNSEL CONSORTIUM PLANNING PARTNER. N LADA HAS PROVIDED MUCH OF THE BEHIND THE
SCENES SUPPORT. AS A NATIONAL PUBLIC DEFENSE ORGANIZATION, I WILL
NOT BE ABLE TO LIST EVERYTHING THEY HAVE DONE, HOWEVER, THEY HAVE BEEN WORKING
WITH PUBLIC DEFENSE ORGANIZATIONS — PROVIDERS AND NONPUBLIC DEFENSE
PARTNERS AND HAVE BEEN ACTIVELY INVOLVED IN IMPROVING STATE AND LOCAL
PUBLIC DEFENSE SYSTEMS. JOAN WALLACE IS HERE FROM NLADA , THE EXECUTIVE
DIRECTOR, AND HAS BEEN ONE OF MY GO TO PEOPLE FOR EVERYTHING. NEXT. THE PRETRIAL JUSTICE INSTITUTE . RIGHT TO COUNSEL NATIONAL CAMPAIGN TEAMED UP WITH THEM
TO DO A JOINT CAMPAIGN ON #RIGHT2COUNSEL AND #3DAYSCOU NT AND HOW WE
CAN USE THE POWER OF SOCIAL MEDIA TO ADVANCE AND GET THE WORD OUT. ARE YOU IN THE ROOM? THERE SHE IS. THANK YOU SO MUCH FOR YOUR SUPPORT AND PARTNERSHIP. NEXT. THE SIXTH AMENDMENT CENTER. DAVID CARROLL AND HIS STAFF ARE ALSO PART
OF OUR PLANNING PARTNERS FOR THE RIGHT TO COUNSEL CONSORTIUM. THEY HAVE BEEN AN AMAZING RESOURCE WHEN IT
COMES TO LOOKING AT PUBLIC DEFENSE REFORM AT THE
STATE AND LOCAL LEVEL. WE COULD SET ASIDE AN ENTIRE DAY OF SESSIONS FOR THEM , HOWEVER,
I’M JUST GOING TO HIGHLIGHT THEIR WORK IN UTAH, WHERE THE REPORT
ON UTAH REFORM ESTABLISHED A STATE INDIGENT COMMISSION. IF YOU HAVE NOT HAD AN OPPORTUNITY TO SEE
THE REPORT, IT IS ONLINE AND WE MAY HAVE COPIES
IN THE BACK, AS WELL. DAVID, THANK YOU FOR ALL YOUR WORK . DAVID IS HERE, AS
WELL. THERE HE IS. WITH THE CONSTITUTION PROJECT , THEY HAVE BEEN LOOKING
AT FEDERAL LEGISLATION AND THEY HAVE BEEN PROVIDING OUR CONSORTIUM MEMBERS
WITH UPDATES. IN PROVIDING US WITH UPDATES, THEY HAVE PROVIDED A CAVEAT , THAT
WHILE THE PROSPECTS FOR ADOPTION OF MOST OF THESE BILLS MAY BE QUITE SLIM,
WE ARE PLEASED TO SEE THE INCREASED INTEREST IN ISSUES CONCERNING INDIGENT DEFENSE
IN AN EFFORT TO ENSURE THAT CONCERNS WITH THE SIXTH AMENDMENT ARE OF THE
DISCOURSE RELATED TO CRIMINAL JUSTICE REFORM EFFORTS. IT HAS BEEN WONDERFUL TO HAVE THEM BE ON TOP
OF IT. ALL OF OUR PARTNERS HAVE BEEN TACKLING DIFFERENT
AVENUES FOR US. IT HAS BEEN A MULTI-PRONGED APPROACH TO THIS CAMPAIGN. JUSTICE FOR ALL REAUTHORIZATION ACT. THAT ALSO REINSTATES PREVIOUS REQUIREMENT
THAT THE STATES DEVELOP AND UPDATE ANNUALLY A PLAN TO DETERMINE HOW GRANTS RECEIVED
UNDER THE PROGRAM WILL BE USED . WITH EQUAL JUSTICE UNDER LAW ACT, IT
CONFERS ON FEDERAL COURTS THE JURISDICTION TO PROVIDE DECLARATORY AND INDIGENT
RELIEF AGAINST SYSTEMATIC VIOLATIONS OF THE SIXTH AMENDMENT. WITH THE INDEPENDENT AND EFFECTIVE FEDERAL DEFENDERS ACT, IT CREATES A COMMISSION WITHIN
THE EXECUTIVE BRANCH TO PROVIDE ADEQUATE REPRESENTATION TO INDIGENT DEFENDANTS
IN CRIMINAL CASES. IN STATUS OF THE SIXTH AMENDMENT ACT, IT REQUIRES ALL STATES
IN RECEIPT OF FEDERAL CRIMINAL JUSTICE GRANT FUNDING TO ANNUALLY SUBMIT A
REPORT TO DOJ CATALOGING THE TIMING OF APPOINTMENTS, THE TYPE OF COUNSEL , AND
THE CASE OUTCOMES FOR ALL CRIMINAL DEFENSES AND JUVENILE DELINQUENCY PROCEEDINGS
IN THE PREVIOUS YEAR. WITH THE NATIONAL CENTER FOR THE RIGHT TO COUNSEL ACT
, IT ESTABLISHES THE NATIONAL CENTER TO PROVIDE FINANCIAL AND SUBSTANTIVE
SUPPORT TO IMPROVE THE DELIVERY OF THE RIGHT TO COUNSEL TO INDIGENT DEFENDANTS. ALL OF THIS INFORMATION IS ALSO ON OUR WEBSITE AND THERE ARE DETAILS ABOUT
IT AND WE WILL CONTINUE TO UPDATE AND PROVIDE YOU INPUT. AS YOU CAN SEE, OUR CONSORTIUM MEMBERS ‘ ACTIVITIES OVER THE PAST YEAR DEMONSTRATE THE IMPORTANCE
ACROSS THE JUSTICE SYSTEM. IT HAS BEEN A BUSY YEAR AND THERE IS STILL A
WAYS TO GO. PLEASE STAY ENGAGED AND HELP US REACH OTHER CRIMINAL JUSTICE STAKEHOLDERS
. BEFORE I LEAVE, YOU HAVE THIS COMMITMENT SIGN IN YOUR FOLDERS. IN USING SOCIAL MEDIA TO HIGHLIGHT THE IMPORTANCE OF COUNSEL, WE WOULD LOVE FOR YOU
TO WRITE WHY YOU ARE COMMITTED TO SAFEGUARDING THE CONSTITUTIONAL RIGHT TO COUNSEL
. IF YOU TAKE A MOMENT TO THINK ABOUT IT, WRITE THEM, WE WILL TAKE A
PICTURE OF YOU, AND SPREAD THE WORD USING SOCIAL MEDIA. THANK YOU SO MUCH FOR ALL THAT YOU HAVE DONE
OVER THE PAST YEAR AND I’M TRULY EXCITED TO SEE WHERE WE
ARE GOING TO BE THIS YEAR AND KEEP CONTINUING THE GOOD WORK. THANK YOU.>>[APPLAUSE]>>I’M GOING TO ASK OUR PANELISTS TO COME
UP AND HAVE A SEAT. OUR NEXT SESSION IS SECURING A MEANINGFUL RIGHT TO COUNSEL,
PERSPECTIVES ON STATE AND LOCAL REFORMS. THIS SESSION WILL SPEAK TO WHAT IS HAPPENING
TODAY IN INDIGENT DEFENSE AT THE STATE AND LOCAL LEVEL. THE PANEL WILL DISCUSS HOW BEST TO IDENTIFY AND OVERCOME SYSTEMIC DEFICIENCIES
IN INDIGENT DEFENSE THROUGH LEGISLATION, LITIGATION, AND PUBLIC EDUCATION
APPROACHES. THE CONVERSATION WILL INCLUDE DIFFERENT PERSPECTIVES FROM VARIOUS
JUSTICE SYSTEM STAKEHOLDERS, INCLUDING JUDGES , STATE LEGISLATORS, AND
PUBLIC DEFENSE PROVIDERS. WE HAVE DIVIDED THE PANEL INTO TWO PARTS . WE WILL
HAVE A BREAK IN BETWEEN THEM. THE PANELISTS ARE GOING TO BE LOOKING AT UTAH’S
CONSENSUS APPROACH TO REFORM AND THE ADVANCEMENT OF EVALUATION STANDARDS, IDAHO’S
RECENT LEGISLATIVE REFORMS, AND WHY CONSERVATIVES ARE AT THE FOREFRONT
OF ADVANCE AND THE RIGHT TO COUNSEL , FEDERAL LITIGATION IN WASHINGTON STATE,
STATE LITIGATION IN THE STATE OF NEW YORK , AND THE ROLE OF THE JUSTICE DEPARTMENT
IN BOTH, AND, FINALLY, EXCESSIVE PUBLIC DEFENDER CASELOADS IN MISSOURI AND
THE SUCCESSFUL MEDIA CAMPAIGN. THE PANEL WILL BE CO-MODERATING DAVID CARROLL
AND COLETTE TVEDT , THE DIRECTOR OF PUBLIC DEFENSE TRAINING AND REFORM AT THE
NATIONAL ASSOCIATION. DAVID: THANK YOU, LISA. I WILL TAKE A CUE AND KEEP THE INTRODUCTIONS
SHORT. I HAVE HAD THE GREAT PLEASURE AND PRIVILEGE
FOR ABOUT 20 YEARS OF TRAVELING ALL ACROSS THIS COUNTRY, SITTING IN COURTROOMS
, CONDUCTING OBSERVATIONS, AND ALSO, PROBABLY MORE IMPORTANTLY , SITTING
DOWN WITH CRIMINAL JUSTICE STAKEHOLDERS AND POLICY MAKERS AND TALKING
ABOUT THEIR RIGHT TO COUNSEL SYSTEMS. I HAVE MET A NUMBER OF GREAT PEOPLE WHO I
CONSIDER FRIENDS AND GREAT LEADERS. JOINING ME TODAY IS JUDGE DEREK PULLAN FROM
THE FOURTH DISTRICT IN UTAH. I MET JUDGE PULLAN THROUGH THE UTAH JUDICIAL
STUDY COMMITTEE ON INDIGENT DEFENSE SERVICES AND WE WILL BE TALKING ABOUT
THOSE EFFORTS TODAY AND HIS CRUCIAL ROLE IN THAT. I WILL ALSO BE ASKING QUESTIONS OF REPRESENTATIVE CHRISTINA PERRY FROM IDAHO. SHE HAS BEEN A REAL LEADER ON INDIGENT DEFENSE. I FIRST MET HER PROBABLY FOUR YEARS AGO IN THE
INITIAL EFFORT TO HAVE A LEGISLATIVE TASK FORCE LOOK AT THIS ISSUE. SHE SPEARHEADED THE CREATION OF THE IDAHO PUBLIC DEFENDER COMMISSION. SHE LED A CONTINUING LEGISLATIVE TASK FORCE THAT THEN SUBSEQUENTLY IN POWER COMMISSION
WITH THE ABILITY TO ENFORCE STANDARDS AND SUBSEQUENTLY , SHE BECAME THE
VICE CHAIR OF THAT COMMISSION. SHE NOT ONLY STARTED IT, SHE IS SEEING A THROUGH. I WILL TURN IT OVER TO COLETTE TO INTRODUCE THE OTHER PANELISTS. COLETTE: WE ARE STILL WAITING FOR COREY , BUT
I WOULD LIKE TO INTRODUCE EILEEN FAIRLY — FARELY , WHO WILL INTRODUCE US TO
THE WORK SHE IS DOING IN THE WILBUR LITIGATION IN WASHINGTON STATE. SHE TOOK THIS POSITION THREE YEARS AGO . PRIOR TO THAT, SHE WAS ONE OF THE PREMIER
PUBLIC DEFENDER AGENCIES IN WASHINGTON STATE AND IN KING COUNTY. WE ALSO HAVE COREY STOT TEN. CORY WILL BE SPEAKING ABOUT THE STATEMENT OF INTERESTS
THAT HAVE BEEN FILED BY THE DEPARTMENT OF AN — JUSTICE IN THE WILBUR
CASE AND IN THE SECOND PANEL ABOUT ANOTHER CASE. MANY OF YOU KNOW HER, SHE IS THE SENIOR COUNSEL
TO THE ASSISTANT ATTORNEY GENERAL FOR CIVIL RIGHTS AT THE U.S.
DEPARTMENT OF JUSTICE. BEFORE THAT, SHE WAS ONE OF THE SENIOR COUNSEL FOR
THE NEW YORK CIVIL LIBERTIES UNION AND HAS DONE REMARKABLE WORK TO FORWARD THE
RIGHT TO COUNSEL IN HER EFFORTS. DAVID: WHEN WE WERE ASKED TO TALK ABOUT THE
CURRENT STATE OF INDIGENT DEFENSE, WE THOUGHT IT WOULD BE GOOD TO TALK ABOUT
THE VARIOUS STAGES DIFFERENT STATES ARE IN. STARTING WITH THOSE STATES THAT WERE THE LEAST
ORGANIZED AND WORKING UP TO THE ONES THAT WERE THE MOST ORGANIZED. FOR MOST OF MY CAREER, UTAH WAS , THERE WAS VERY LITTLE KNOWN ON THE NATIONAL
LEVEL. THERE WAS NOT A LOT OF PARTICIPATION IN NATIONAL GROUPS BY THE INDIGENT
DEFENSE PROVIDERS THERE . WE WOULD OCCASIONALLY GET INFORMATION ON SALT
LAKE CITY, BUT AS I’VE LEARNED , UTAH IS NOT JUST SALT LAKE CITY. I WAS VERY HAPPY WHEN, ONE DAY, WE WERE APPROACHED BY THE UTAH JUDICIAL COUNCIL STUDY
COMMISSION ON INDIGENT DEFENSE TO START A CONVERSATION ON HOW TO BEGIN LOOKING
AT THEIR ISSUES. WITH THAT, I WANT TO TURN IT OVER TO JUDGE PULLAN BECAUSE
HE WAS THERE FROM THE BEGINNING DURING AN APPELLATE STUDY AND I WOULD LIKE
TO ASK YOU WHAT WAS THE PRECIPITATING FACTOR TO WANT TO LOOK AT TRIAL
LEVEL INDIGENT DEFENSE SERVICES? JUDGE PULLAN: THIS BEGIN WITH THE JUDICIAL COMMITTEE
ON APPELLATE REPRESENTATION. AS THE JUDICIAL COUNCIL LOOKED AT THAT, IT BECAME
CLEAR THAT THE RIGHT TO COUNSEL NEEDED TO BE EXAMINED IN THE TRIAL COURT. ULTIMATELY, THE APPELLATE STUDY COMMITTEE WAS CONVERTED TO A TRIAL COURT STUDY
COMMITTEE . THE JUDICIAL COUNCIL IS THE MANAGING BODY OF THE JUDICIARY
IN UTAH. I THINK IT IS IMPORTANT TO UNDERSTAND, ESSENTIALLY, UTAH’S DELIVERY
SYSTEM OF PUBLIC DEFENSE SERVICES. LOCAL GOVERNMENTS, 29 COUNTIES, 236 MUNICIPALITIES
, THAT IS A LOT OF INDIGENT DEFENSE SYSTEMS. THERE IS NO STATE FUNDING FOR THAT. THERE IS NO OVERSIGHT ABOUT WHETHER THOSE COUNTIES ARE PROVIDING
THAT AT A CONSTITUTIONAL LEVEL OF SERVICE OR ARE EVEN CAPABLE OF DOING THAT. ULTIMATELY, THE STUDY COMMITTEE GOT TOGETHER AND WE TRIED TO UNDERSTAND WHAT WAS
HAPPENING IN COUNTIES THROUGHOUT THE STATE AND IT WAS DIFFICULT TO DETERMINE
THAT BECAUSE THERE WAS NO DATA BEING COLLECTED. IT WAS AN ABSOLUTELY OVERWHELMING RESPONSIBILITY
FOR MEMBERS OF THE COMMITTEE, WHO HAVE DAY JOBS AND ARE
TRYING TO DO THAT WORK. AT THAT POINT, WE APPROACHED THE DEPARTMENT OF JUSTICE
AND WE ARE ULTIMATELY ONE OF THOSE 4000 GRANTS. WE ARE SO GRATEFUL THAT WE WERE ABLE TO LEVERAGE
FEDERAL MONEY TO PROMOTE REAL CHANGE IN UTAH. I CAN’T BEGIN TO EXPRESS THE PROFOUND GRATITUDE UTAH HAS FOR THAT, FOR THOSE FUNDS. WE WERE ABLE TO PARTNER WITH THE SIXTH AMENDMENT CENTER TO HELP US. I WILL JUST SAY, THE SIXTH AMENDMENT CENTER WAS A REMARKABLE GIFT TO UTAH. THEY ARE CAREFUL IN THEIR RESEARCH, THEY CONDUCTED COUNTLESS INTERVIEWS, THEY COLLECTED
THE DATA THAT WE COULD NOT , AND ULTIMATELY PRODUCED A REPORT. THEY WERE SENSITIVE TO LOCAL CONCERNS AND, ULTIMATELY, MAINTAIN THEIR INDEPENDENCE AT
THE SAME TIME. THEY PRODUCED A REPORT THAT GAVE US MEANINGFUL CHANGE. DAVID: THANK YOU FOR THOSE KIND WORDS. ONE OF THE THINGS WE ARE VERY INTERESTED IN IN UTAH, GENERALLY, WHEN WE
LOOK AT TRYING TO EVALUATE SERVICES, EVER SINCE 2002 , IN WHATEVER CAPACITY I WAS
DOING THESE REPORTS, WE LOOKED TO A DOCUMENT CALLED THE ABA 10 PRINCIPLES. 10 SIMPLE PRINCIPLES THAT INDIGENT DEFENSE COUNSELS MUST MEET TO DELIVER SERVICES. I THINK WE BECAME COMPLACENT ABOUT THOSE AT TIMES AND PEOPLE STARTED TAKING
THOSE AS THE CORE , THAT THEY HAD TO BE DONE BECAUSE THE ABA SAID THEY HAD
TO BE DONE. WHEN I FIRST LANDED IN UTAH, WHO — I WAS INTERESTED BECAUSE THEY
SAID THEY DID NOT WANT TO BE MEASURED AGAINST THE ABA. I SAID, WHAT DO YOU WANT TO BE MEASURED AGAINST? THAT WAS THE FIRST TIME THAT I MET JUDGE PULLAN. I WOULD LIKE YOU TO TALK ABOUT THE EFFORTS TO CREATE UTAH’S SPECIFIC
STANDARDS AND THE EFFORT YOU SPECIFICALLY WENT INTO TO DO THAT. JUDGE PULL AN: I HAVE TO GIVE YOU BACKGROUND, I GUESS
, TO SEE OUR DIFFICULTIES. AT THE TIME, I CAME ONTO THE COMMITTEE , THEY HAD
BEEN A COMMITTEE FOR ABOUT 18 MONTHS AND HAD REALLY STRUGGLED WITH THIS
ISSUE. WE HAD THE ACLU ON THE OUTSIDE THAT HAD THREATENED TO SUE UTAH IN
EITHER INDIVIDUAL CASE SPECIFIC INSTANCES OR CLASS-ACTION EFFORTS REGARDING
THE SYSTEM. HENCE, THERE WAS RELUCTANCE ON SOME COMMITTEE MEMBERS TO LOOK
TO CAREFULLY BECAUSE WE WOULD BE CREATING EXHIBIT A FOR THE ACLU AND THEIR
LAWSUIT. ULTIMATELY, I AND OTHERS SAID, LOOK , THE FACTS ARE WHAT THEY ARE. WE ARE EITHER GOING TO DISCOVER WHAT IS HAPPENING ON THE GROUND OURSELVES NOW OR
WE ARE GOING TO DISCOVER IT IN THE CONTEXT OF CIVIL LITIGATION. WE OUGHT NOT BE AFRAID OF THOSE FACTS. THE OTHER CONCERN WAS ARE THE PRINCIPLES ASPIRATIONAL
OR DO THEY REALLY REFLECT WHAT THE CONSTITUTION REQUIRES. THERE WAS A DEBATE WITHIN THE COMMITTEE ABOUT
THAT. ULTIMATELY, THERE IS ALWAYS A CONCERN ABOUT
WHERE IS THE MONEY GOING TO COME FROM TO FUND PUBLIC DEFENSE AND WHAT IS THE
CONSTITUTION REQUIRING? THAT WAS A STICKING POINT FOR A LONG TIME. ULTIMATELY, WE SAID, WE ARE A BUNCH OF FAIRLY SMART PEOPLE IN THIS ROOM, WE ARE TO BE ABLE
TO DEFINE WHAT THE CONSTITUTION REQUIRES. ULTIMATELY, I AND OTHERS WERE ABLE TO DRAFT
SEVEN PRINCIPLES OF WHAT THE CONSTITUTION’S STANDARD IS. THESE ARE IN YOUR MATERIALS AND IN THE ARTICLE WE HAVE PROVIDED. ULTIMATELY, THE SEVEN STANDARDS ARE THIS,
REPRESENTATION SHOULD BE INDEPENDENT , SUCH THAT THE PUBLIC
DEFENDER IS NOT FEARING RETALIATION, IN TERMS OF COMPENSATION, GETTING
THE CONTRACT NEXT YEAR , OR THE LIMITATION OF DEFENSE RESOURCES. REPRESENTATION SHOULD BE WITHOUT CONFLICT
OF INTEREST. EITHER IN CASE-SPECIFIC INSTANCES OR SYSTEMICALLY. REPRESENTATION SHOULD BE WITHOUT STATE INTERFERENCE , AND
IT SHOULD BE PROVIDED AT ALL CRITICAL STAGES. FINALLY, REPRESENTATION SHOULD ENSURE WHAT
WE CALL THE FAIR FIGHT. THERE SHOULD BE MEANINGFUL ADVERSARIAL TESTING
OF THE STATE’S EVIDENCE BY QUALIFIED COUNSEL , WHO HAS ACCESS TO DEFENSE
RESOURCES AND WITH A REASONABLE CASELOAD . FINALLY, WE TALKED ABOUT
FAIR COMPENSATION, NOT NECESSARILY PARITY WITH THE PROSECUTION , BUT
WHAT IS FAIR, AND THERE SHOULD BE PROPER INCENTIVES. WHAT WE FOUND IN UTAH IS THAT MANY COUNTIES
WERE ACTUALLY CONTRACTING WITH A PUBLIC DEFENDER
AT A FLAT RATE AND THEN, IF YOU HIRED A DEFENSE INVESTIGATOR, IT CAME OUT
OF THAT FLAT RATE , AND SO DID YOUR OVERHEAD, AND SO DID YOUR APPELLATE COSTS,
AND THERE WAS A DISINCENTIVE TO PROVIDE ZEALOUS REPRESENTATION . FINALLY,
IMPORTANT TO THE WHOLE SYSTEM IS THE IDEA OF OVERSIGHT , THAT WE WOULD HAVE SOMEONE
THAT WAS LOOKING AT CASE- SPECIFIC PUBLIC DEFENSE, BUT ALSO THE SYSTEM
AS A WHOLE AND ASSESSING ITS HEALTH OVER TIME, ONCE WE AGREE TO THOSE SEVEN
PRINCIPLES , I THINK DAVID HAD SOMETHING THAT HE COULD RUN WITH AND WE WERE
ABLE TO COMPARE UTAH SEXUAL PERFORMANCE ON THE GROUND — UTAH’S PERFORMANCE
ON THE GROUND AND HOW WE WERE DOING. DAVID: WHAT A LIKED ABOUT THE STANDARDS WE
CAME UP WITH WAS THE FAIR FIGHT IN PARTICULAR. THAT IS REALLY MIRRORING THE LANGUAGE IN THE
UNITED STATES V . CRONIC. THERE SEEMS TO BE A COALITION AROUND THE FOCUS
OF REFORM AND EVALUATIONS , AROUND ACTUAL AND CONSTRUCTIVE
THINGS. OUR LATEST WORK IS IN MISSISSIPPI, WHERE WE ARE ABOUT DONE AND MISSISSIPPI
DID NOT WANT TO BE THE — EVALUATED AGAINST THE ABA STANDARDS. WE BROUGHT THE JUDGES STANDARDS DOWN AND THEY SAID THOSE SOUND ABOUT RIGHT. WE SEEM TO BE COALESCING AROUND CERTAIN THEMES. WE WILL NOT HAVE ENOUGH TIME TO GO INTO DETAIL
ON ALL OF THESE STATES. WE COULD HAVE DONE 45 MINUTES ON EACH. IN THE LAST FEW MOMENTS ON THIS SECTION OF THE PANEL, I DO WANT YOU TO TALK ABOUT
THE CONSENSUS APPROACH THAT WAS TAKEN TOWARD REFORM ON THE BACKSIDE OF THE
REPORT. I THOUGHT IT WAS A GREAT MODEL FOR OTHER STATES TO EMULATE IN MOVING
FORWARD WITH REFORM. JUDGE PULLAN: WE BEGAN WITH THIS STUDY AND
IT CONSISTED WITH PROSECUTORS AND PUBLIC DEFENDERS, REPRESENTATIVES IN CITIES
AND TOWNS, THERE WERE JUDGES, AND LEGISLATORS — WE ALL COALESCED AROUND THE
IDEA THAT WE EACH HAD A CONSTITUTIONAL OBLIGATION TO ENSURE THAT THE
CONSTITUTION OF UTAH AND OF THE UNITED STATES WAS UPHELD AND DEFENDED. THAT CONSENSUS APPROACH IS ULTIMATELY IMPORTANT BECAUSE WE ARE ALL PARTICIPANTS
IN A SYSTEM THAT WAS FAILING. I THINK THERE WERE IMPORTANT DECISION POINTS
ALONG THE WAY. I WOULD JUST LIKE TO EMPHASIZE THOSE. THE FIRST IS THAT THE THREAT OF LITIGATION
AGAINST THE STATE SHOULD NOT MAKE US RETICENT TO PURSUE MEANINGFUL
REFORM. SECOND, THE ART — IDENTIFYING OF A CONSTITUTIONAL STANDARD BY
WHICH WE CAN MEASURE HEALTH. LASTLY , WE HAD TO COURAGEOUSLY ACCEPTED THAT
NEWS. IN UTAH, THERE WAS BOTH ACTUAL DENIAL OF THE RIGHT TO COUNSEL, AS
WELL AS CONSTRUCTIVE DENIAL. THAT WAS HARD FOR US TO HEAR BECAUSE WE WERE ALL
PARTICIPANTS IN THAT SYSTEM. THE TRUTH IS THAT WE EACH VERY PERSONAL RESPONSIBILITY
FOR THAT SYSTEMIC FAILURE. I THINK THAT IS A CRITICAL MOMENT. WE CAN EITHER TRY TO MINIMIZE OR BACK AWAY FROM THE BAD NEWS, OR WE CAN TAKE THAT AS
A CALL TO ACTION . I WOULD LIKE TO CONCLUDE WITH SOMETHING THAT JUSTICE O’CONNOR
SAID — THIS IS IN HER BOOK THE MAJESTY OF THE LAW. SOME MIGHT FIND IT A BIT FRIGHTENING TO CAN
ENTER THAT THE RESPONSIBILITY OF PROTECTING OUR CONSTITUTION
RESTS NOT JUST ON JUDGES, BUT ON A HOST OF OTHERS, AS WELL. I FIND IT QUITE COMFORTING. BY SPREADING THE RESPONSIBILITY TO UPHOLD THE CONSTITUTION
AMONG SO MANY , THE FRAMERS ENLISTED A LEGION OF DEFENDERS FOR THEIR NEW CHARTER. THAT IS HOW I FEEL ABOUT THIS CONSENSUS APPROACH. EVERY PUBLIC OFFICER IN UTAH TAKES AN OATH
TO UPHOLD, OBEY, AND DEFEND THE CONSTITUTION AND THAT
IS WHAT CAN BRING US TOGETHER TO MAKE MEANINGFUL REFORM . BUT WE CANNOT BE
AFRAID OF THE BAD NEWS. I REMEMBER THE DAY THAT DAVID WAS THERE. IT IS A CRITICAL MOMENT TO SAY, ARE WE GOING
TO PUT THIS OUT THERE AND DO SOMETHING OR ARE
WE GOING TO RUN AWAY FROM IT? DAVID: THANK YOU. BEFORE WE TURN TO WASHINGTON STATE, FOR THOSE
WHO AREN’T FAMILIAR, UTAH DID PASS COMPREHENSIVE REFORM
THIS PAST SPRING UNDER THE LEADERSHIP OF SENATOR TODD WEILER . THEY CREATED
A STATEWIDE INDIGENT DEFENSE COMMISSION WITH AUTHORITY TO SET AND PROMULGATE
AND ENFORCE STANDARDS. THE FIRST EVER STATE FUNDING OF INDIGENT DEFENSE. AND SO , LEAVING PENNSYLVANIA AS THE ONLY STATE THAT HAS NEVER CONTRIBUTED
ANY MONEY TOWARD INDIGENT DEFENSE. ALTHOUGH, WE DO HAVE TO PUT SOUTH DAKOTA BACK
ON THE LIST, UNFORTUNATELY, THIS YEAR. THERE ARE STILL TWO STATES THAT ARE NOT FUNDED
, BUT IT WAS A MAJOR STEP FORWARD. WHAT YOU WILL SEE FROM THE OTHER PANELISTS
IS THAT THIS IS A BIG HAUL. THIS IS NOT FLICKING ON A LIGHT SWITCH. UTAH WAS SAILING IN THE WRONG DIRECTION FOR YEARS. THIS LEGISLATION HAS RIGHTED THE SHIP, BUT
THERE IS A LOT OF WORK TO GO TO GET TO WHERE THEY ALL WANT
TO BE , BUT I’M CONFIDENT IN THE PEOPLE ON THE GROUND THAT THEY WILL DO THAT. WITH THAT, I WILL TURN THE PANEL OVER TO COLLETT TO TALK ABOUT WASHINGTON STATE. COLETTE: THANK YOU, DAVID. I ECHO WHAT HAS BEEN SET ON THIS PANEL ALREADY THAT, IN MY NEW ROLE, I’M ABLE TO GO TO COURTROOMS
ALL OVER THE UNITED STATES AND, IN EVERY SINGLE DAY, IN EVERY SINGLE
STATE , YOU SEE ACTUAL DENIAL OF COUNSEL, WERE NO LAWYERS ARE IMPORTANT — APPOINTED,
WERE NO LAWYERS ARE APPOINTED TO REPRESENT COUNSEL, AND CONSTRUCTIVE
DENIAL , WHERE OVERWORKED LAWYERS ARE ASSIGNED. WE ARE GOING TO START WITH TALKING ABOUT WHAT
HAPPENED IN WASHINGTON STATE IN THE WILBUR DECISION. IF ANY OF YOU WERE HERE LAST YEAR FOR THE FIRST ANNUAL RIGHT TO COUNSEL MEETING
, THE JUDGE WHO AUTHORED THE WILBUR DECISION SPOKE TO THE AUDIENCE ABOUT
HIS ROLE IN THIS LITIGATION. WHAT IT WAS IS THAT THE PLAINTIFFS SUED , ORIGINALLY
IN SUPERIOR COURT, THE CASE WAS REMOVED FOR THE DEFENDANTS TO FEDERAL
COURT , THEY WERE SUING OVER THE CONSTITUTIONAL DEFICIENCIES OF THE REPRESENTATION
INTO COUNTIES IN WASHINGTON STATE. TWO LAWYERS WERE GIVEN THE FLAT FEE PUBLIC
DEFENDER CONTRACT. THEY COULD ALSO HAVE A PRIVATE PRACTICE. WHAT YOU LEARNED DURING THE COURSE OF THE TRIAL IN FEDERAL COURT WAS THAT THESE TWO
LAWYERS HAD DISPOSED OF OVER 1000 CASES PER YEAR WITH NERI AN INVESTIGATION
, SPEAKING WITH EXPERTS, DOING ANY PRETRIAL LITIGATION, ANY TYPE OF TRIAL WORK. THEY WERE A MEET, GREET, AND CLEAN MENTALITY. — PLEA MENTALITY. THERE WAS A RECOGNITION OF CONSTRUCTIVE DENIAL OF COUNSEL. HOW CAN THESE LAWYERS BE ACTUALLY REPRESENTING
PEOPLE THAT THEY ARE MEETING WITH FOR MOMENTS IN A COURTROOM
BEFORE THEY PLEAD THEIR CLIENTS GUILTY? IT’S ONE OF THE DEFENDANTS SAID IN THAT CASE,
WHEN ASKED WHY THEY WERE PLEADING ALL OF THEIR CLIENTS GUILTY,
HE IN ESSENCE SAID — AND I WANT TO QUOTE THIS DIRECTLY — “TRIALS ARE
NOT NECESSARY BECAUSE WE ALL KNEW WHAT WE WERE DOING.” BEFORE THE JUDGE ISSUED A DECISION IN WILBUR,
THE DEPARTMENT OF JUSTICE ENTERED A STATEMENT
OF INTEREST, WHICH COREY IS GOING TO TELL YOU A LITTLE BIT ABOUT. WHAT DIFFERENCE DO THAT MAKE? ULTIMATELY , THE JUDGE RULED IN FAVOR OF THE PLAINTIFFS AND
FOUND THAT THERE WAS A CONSTRUCTIVE DENIAL OF COUNSEL FOR THOSE POOR PEOPLE IN
THOSE COUNTIES. THE JUDGE CONCLUDED IN HIS OPINION, ” THE NOTES OF FREEDOM AND
LIBERTY THAT EMERGE FROM GIDEON’S TRUMPET A HALF-CENTURY AGO CANNOT SURVIVE
IF THAT TRUMPET IS MUTED AND DENTED BY HARSH FISCAL MEASURES THAT REDUCE THE PROMISE
TO A HOLLOW SHELL OF A HALLOWED RIGHT.” I WANT TO START WITH ASKING COREY STOUGHTON
ABOUT THE STATEMENTS OF INTEREST THAT ARE BEING FILED
IN SOME OF THESE STRATEGIC LITIGATIONS, INCLUDING IN WILBUR. COREY: THANKS. THANKS FOR INVITING ME TO THIS PANEL. I REALLY APPRECIATE THE OPPORTUNITY TO TALK ABOUT THE DEPARTMENT OF
JUSTICE’S WORK ON RIGHT TO COUNSEL ISSUES. YOU HEARD THE COMMITMENT THAT THE DEPARTMENT
HAS IN THE DEPUTY ATTORNEY GENERAL’S REMARKS THIS MORNING AND
YOU WILL HEAR MORE ABOUT THAT FROM MY BOSS LATER ON THIS MORNING. I WILL TRY TO GET INTO A LITTLE BIT MORE OF
THE BRASS TACKS OF WHAT WE DO AND TRY TO SITUATE
THOSE IN THE DEPARTMENT’S MANY TOOLS THAT WE HAVE FOR ADDRESSING RIGHT TO
COUNSEL ISSUES. WE HAVE THE CIVIL RIGHTS DIVISION ITSELF THAT HAS SOME ENFORCEMENT
AUTHORITY , ON THE ISSUE OF JUVENILE REPRESENTATION. WE DON’T HAVE ENFORCEMENT AUTHORITY WHEN IT
COMES TO CRIMINAL CASES. THEY PROVIDE FINANCIAL AND POLICY SUPPORT
ON THIS ISSUE. ANOTHER SOURCE OF THE AUTHORITY THAT THEY
HAVE IS TO WEIGH IN ON OUR AUTHORITY TO FILE STATEMENTS OF INTEREST IN CASES THAT
ARE BEING LITIGATED THAT RAISE ISSUES WITH REGARD TO THE UNITED STATES. THE UNITED STATES HAS A STRONG INTEREST IN VINDICATION IN THE STATES. OUR GOAL AND FILING STATEMENTS OF INTEREST IN THESE CASES IS TO SOLIDIFY THE
FOUNDATIONS AND SHORE UP AND BUILD OUT THE PROCESS OF GIDEON VERSUS WAINWRIGHT. WE HAVE ALL HEARD AGAIN AND AGAIN AND MANY OF YOU LIVE DAILY THE REALITY THAT
GIDEON HAS BEEN AN EMPTY PROMISE FOR TOO LONG. WITH THE WORK OF ADVOCATES WHO HAVE BEEN DOING
THIS LITIGATION, WITH THE WORK OF PEOPLE DOING IT EVERY DAY,
DOING THE WORK EVERY DAY IN THE PUBLIC DEFENDERS ‘ OFFICES, WITH THE ADVOCACY
AND LEADERSHIP FROM STATE GOVERNMENTS OF SOME OF THE FOLKS UP HERE,
AND WITH THE STATEMENTS OF INTEREST, I THINK WE ARE FINALLY GETTING TO THE PLACE
WHERE THERE IS A MUCH BROADER RECOGNITION THAT THE CONSTITUTION DOES NOT
JUST REQUIRE THAT THERE BE A LAWYER APPOINTED, BUT THE CONSTITUTION REQUIRES THAT
SYSTEMS BE IN PLACE SUFFICIENT TO SUPPORT CONSTITUTIONAL REPRESENTATION. IS THAT BETTER? I’VE NEVER BEEN ACCUSED OF NOT BEING LOUD ENOUGH BEFORE. OUR GOAL IS TO SURE THAT OUT AND BUILD OUT THE MEANING OF GIDEON IN THOSE CASES. TO STRENGTHEN AND ESTABLISH THE LEGAL CONSENSUS AROUND WHAT THE SIXTH
AMENDMENT MEANS. IN PARTICULAR, WHAT IT MEANS FOR ADDRESSING THE SYSTEMIC DEFICIENCIES
THAT GET IN THE WAY OF LAWYERS BEING ABLE TO TEST THE PROSECUTION’S
CASE AND ENSURE THEY ARE GIVING MEANINGFUL AND EFFECTIVE ASSISTANCE TO THEIR
CLIENTS. IT BEGAN IN WILBUR. THAT WAS THE FIRST STATEMENT OF INTEREST THAT THE
DEPARTMENT, THE CIVIL RIGHTS DIVISION WORKING WITH ACCESS TO JUSTICE INITIATIVE
AT THE JUSTICE DEPARTMENT, PUT IN. I WAS NOT THERE AT THE TIME, BUT I CAN TELL
YOU THAT THE POSITIVE FEEDBACK THAT THE DEPARTMENT GOT ON THAT WAS
EXTREMELY ENCOURAGING. FOLLOWING ON FROM THAT, THE DEPARTMENT HAS FILED STATEMENTS
OF INTEREST IN NEW YORK, IN PENNSYLVANIA, AND IN IDAHO. I WANT TO ENCOURAGE EVERYONE TO KEEP US INFORMED
. THE DEPARTMENT IS LOOKING FOR WAYS TO ENSURE
, WHETHER IT HAS TO BE DONE STATE BY STATE, OR IN A FEDERAL COURT, THAT THOSE
LEGAL PRINCIPLES BECOME THE CONSENSUS VIEW. WE WANT TO GET TO A WORLD IN WHICH THERE IS
NOT A POCKET OF THE UNITED STATES WHERE THERE IS ANY CONTROVERSY
OVER THE FACT THAT THE SIXTH AMENDMENT CAN AND MUST BE ENFORCED THROUGH
SYSTEMIC CHALLENGES AND THAT GOVERNMENTS FULFILLING THEIR CONSTITUTIONAL
OBLIGATIONS HAVE AN OBLIGATION TO ENSURE THAT THE SYSTEM BY WHICH THEY DELIVER
PUBLIC DEFENSE HAVE TO BE SUFFICIENTLY FUNDED, SUFFICIENTLY INDEPENDENT,
ALL OF THOSE PRINCIPLES THAT THE JUDGE SPOKE ABOUT TODAY ARE THERE TO ENSURE
THAT THE SIXTH AMENDMENT HAS MEANING. I WANT TO THANK EVERYONE FOR THE COOPERATION
THAT YOU PROVIDE THE DEPARTMENT OF JUSTICE. WE CAN’T DO THIS WORK ON OUR OWN. WE CAN ONLY DO IT ON THE BACKSIDE OF, IN A CERTAIN SENSE, AND IN
COOPERATION WITH ADVOCATES ACROSS THE COUNTRY. WE LOOK FORWARD TO CONTINUE TO LOOK FOR OPPORTUNITIES
FOR THE PARTNERSHIP TO CONTINUE. COLETTE: THANK YOU SO MUCH. BEFORE I TURN IT OVER TO EILEEN FAR ELY, I
BESEECH YOU TO READ ALL OF THESE STATEMENTS OF INTEREST. THE STATEMENT OF INTEREST IN THE WILBUR CASE REALLY KIND OF OUTLINES, IT
IS A BEAUTIFUL TEMPLATE FOR SOME OF THESE LITIGATIONS THAT HAVE BEEN TAKING
PLACE IN OTHER JURISDICTIONS. IF YOU GO ON TO OUR WEBSITE AND YOU GO ON TO
STATEMENTS OF INTEREST, WE LINK TO ALL THE STATEMENTS OF INTEREST THAT HAVE BEEN
FILED BY THE DEPARTMENT OF JUSTICE. ONE OF THE THINGS THAT THE DECISION IN WILBUR
, WAS THAT THEY GRANTED INJUNCTIVE RELIEF. ONE OF THE THINGS THAT THEY WERE ORDERING
WAS AN INDEPENDENT MONITOR TO GO INTO THESE COUNTIES
, A SMALL, LITTLE PROJECT FOR SOMEONE TO TAKE OVER. I’M REALLY DELIGHTED THAT EILEEN FARLEY WAS
GIVEN THAT HERCULEAN TASK . WHAT WAS IT LIKE WHEN YOU
FIRST GOT THERE AND WHAT WERE SOME OF THE STEPS YOU HAVE TAKEN TO TRY TO ENSURE
THAT POOR PEOPLE HAVE GOOD REPRESENTATION? EILEEN: THANKS. WELL, I JUST WANTED TO ALSO FOLLOW UP. I BROUGHT SOME UNREADABLE SLIDES.>>[LAUGHTER] EILEEN: IF ANYBODY E-MAILS ME LATER, I WILL
SEND YOU THEN. WASHINGTON HAS 39 COUNTIES AND 300 CITIES WITH VERY DIFFERENT
APPROACHES TO HELP PUBLIC DEFENSE SERVICES ARE PROVIDED. THEY VARY IN QUALITY. UNLIKE UTAH, I CAME INTO THESE CITIES AFTER THINGS BLEW UP. THERE WILL PROBABLY BE SOME DSM DIAGNOSES
FOR JURISDICTIONS THAT HAVE BEEN ON THE LOSING
END OF A FEDERAL LAWSUIT. WHEN I ARRIVED, THE CITY SAID , THE CITY ADMINISTRATOR
SAID, JUST TELL US HOW TO MAKE IT RIGHT. IT IS AN INTERESTING QUESTION. IF YOU POINTED OUT ALL THE RAISE — WAYS IN WHICH A JURISDICTION FAILED TO PROVIDE
ADEQUATE PUBLIC DEFENSE SERVICES, WHAT DO YOU TELL THESE JURISDICTIONS
, WHAT WE NEED TO SEE — THE JUDGE IDENTIFIED CERTAIN FACTORS IN THE REPRESENTATION. HE WANTED TO SEE THE FOCUS OF DEVELOPING AN ATTORNEY-CLIENT RELATIONSHIP,
IS THERE PROMPT CONTACT? IS THERE INVESTIGATION? IS THERE AND INDEED — IMMIGRATION CONSULT? PEOPLE GOING TO TRIAL? HE IDENTIFIES THOSE IN HIS DECISION. WASHINGTON STATE ALSO HAS, BY COURT RULED, MINIMUM, VERY MINIMAL
STANDARDS FOR ANYONE WHO ACCEPTS APPOINTMENT OF A PUBLIC DEFENSE CASE, WHETHER
IT IS A CONFLICT COUNSEL OR ORGANIZED OFFICE. YOU HAVE TO HAVE A PLACE TO MEET CONFIDENTIALLY
WITH A CLIENT , YOU HAVE TO MEET CERTAIN QUALIFICATIONS,
WHICH, FOR A MISDEMEANOR ATTORNEY, ARE PRETTY MINIMAL. YOU HAVE TO — AND THIS WAS THE MOST CONTROVERSIAL — ADHERE TO CASELOAD STANDARDS. ASCOLETTE MENTIONED, PRIOR TO THE STANDARDS , PEOPLE WOULD “HANDLE” A THOUSAND
CASES. THAT JUST MEANT TO ME PROCESSING PAPER. THERE ARE NOW DEFINITE LIMITS ON HOW MANY
FELONIES ARE A FULL-TIME CASELOAD. 150. 400 FOR MISDEMEANORS. WHICH IS PRETTY HIGH. BUT IT IS A LOT LESS THAN 1000. AND SO , UNFORTUNATELY — YES, THEN YOU HAVE
TO HAVE A PLACE TO RECEIVE MAIL. THESE ARE NOT NECESSARILY ONEROUS STANDARDS. THOSE, IN COMBINATION WITH THE POINT TO THAT THE JUDGE
IDENTIFIED, FORMED A BASIS OF THE ASSESSMENT THAT I WAS GOING TO DO. THE INFORMATION THAT WAS GATHERED — AND I DON’T KNOW — CAN YOU GO, ALL RIGHT — WHAT
HAS HAPPENED, JUST TO GO GRANULAR, IS THAT — MAYBE IF YOU GO ALL THE WAY TO
THE END. THE INSURANCE POOL FOR THE MUNICIPALITIES — KEEP IT GOING, KEEP IT GOING,
THERE WE GO — THEY BEGIN VERY INTERESTED IN HOW CAN WE MEASURE WHETHER OR
NOT OUR MEMBER CITIES HAVE ADEQUATE PUBLIC DEFENSE? THEY HIRED THIS LAWYER, A GUY NAMED SCOTT
SNYDER , I HAVE NOTHING TO DO WITH THE FIRM, THERE IS
NO COMMISSION — HE PUT TOGETHER A SLIDE SHOW, WHICH I CAN PROVIDE YOU. I MERELY WANTED TO BRING THIS AND ONE SLIDE, THE NEXT ONE, KEEP GOING — THIS WAS
HIS MESSAGE. YOU’VE GOT TO ASSESS IT NOW. THIS IS WHAT THEY TOLD THEIR MEMBERS. YOU CAN FIND ALLIES IN DIFFERENT PLACES FOR PUBLIC DEFENSE AND, CONSISTENT
WITH WHAT THE CITY SAID, THEY WANTED TO KNOW, TELL US HOW TO DO IT. IF YOU GO BACK, WHAT HAPPENED — GO BACK MORE — I WILL JUST KEEP — OK, GOOD — NOW THE
CITY’S — CITIES REPORT MONTHLY ON VARIOUS THINGS. CLIENT IDENTIFIERS HAVE BEEN SCRUBBED. IT TALKS ABOUT , THESE COURTS ONLY HAD THREE DAYS OF JURY TRIALS
PER MONTH. I CLEANED IT UP A LITTLE BIT, BUT IT TALKS ABOUT — THESE COURTS ONLY
HAVE THREE DAYS OF JURY TRIALS A MONTH. WHAT HAPPENED IN THE TRIAL? WAS THERE A TRIAL? WAS THERE A TRIAL, WHAT IS HAPPENING? THEY ALSO REPORT THEIR HOURS. SCRUBBED OF CLIENT IDENTIFIERS, BUT WHERE YOU SEE INVESTIGATION, IF YOU GO
BACK ONE MORE, ARE YOU GOING TO THE JAIL? YOU CAN CALL IN BECAUSE THE VISIT HE ROOMS
— VISITING ROOMS AND ATTORNEY ROOMS ARE ALL BEING USED. WE IDENTIFIED CERTAIN FACTORS AND I AM HAPPY IF PEOPLE E-MAIL ME , A PUBLIC DEFENSE
SYSTEM SHOULD HAVE, THAT PEOPLE SHOULD BE DOING. IT NEEDS TO BE REPORTED TO THE CITIES IN A
WAY THAT IS COMPREHENSIBLE. THIS MEANS YOU NEED TO HAVE CAPACITY IN THE
CITY FOR SOMEONE TO READ THESE, UNDERSTAND THEM AND THEN HAVE
AUTHORITY IF THERE IS A PROBLEM. SINCE MY POSITION IS SUPPOSED TO END IN MARCH,
THE CITIES JUST THIS MONTH, UNANIMOUSLY PASSED — CREATED A POSITION FOR
AN AUDITOR TO CONTINUE AFTER MY TERM IS UP. THE AUDITOR WILL BE — HAVE A CONTRACT FOR
FOUR YEARS THAT OVERLAPS THE MAYORS. IT CAN BE TERMINABLE FOR CAUSE, ONLY. THE PERSON WILL BE RECRUITING AND IT IS NOT GOING TO BE THAT
EASY TO FIND PEOPLE. TO BUILD INTO THESE CITIES, INTO THEIR DNA, THAT YOU HAVE
TO HAVE A PUBLIC DEFENSE SYSTEM THAT IS ROBUST, YOU HAVE TO HAVE SOMEONE THAT
LOOKS AT IT AND YOU HAVE TO HAVE MEASURABLE TERMS. THAT OF THESE NECESSARILY MEAN YOU HAVE A
GREAT RELATIONSHIP WITH CLIENTS. THERE WILL STILL BE MISTAKES, THERE WILL STILL
BE THINGS MISSED, BUT IT WILL TELL YOU IF YOU HAVE A PUBLIC
EVENT SYSTEM THAT IS VIGOROUS AND ACTIVE. THE OTHER THING THE AUDITOR IS GOING TO DO
IS COMMENT THE — BEFORE THE CITY COUNCIL ON THE PROPOSED BUDGET. THIS IS GOING TO BE A HUGE CULTURAL SHIFT. AS THE JUDGE NOTED, THERE ARE A LOT OF WAYS
PUBLIC DEFENSE IS DELIVERED ACROSS THE COUNTRY OR ACROSS OUR STATE. THERE ARE A LOT OF PLACES THAT USE FOR-PROFIT FIRMS. YOU NEED TO HAVE AN ACTIVE DISCUSSION WITH
PEOPLE ABOUT WHAT YOUR EXPECTATIONS ARE, AND YOU NEED TO HAVE
VERY CLEAR TERMS ABOUT WHAT IS NEEDED. I ALSO THINK THAT YOU HAVE A GREAT OPPORTUNITY
FOR ALLIES. NOT JUST THE INSURERS, BUT MY GROUP , I AM CHAIR OF
THE STATE COUNCIL ON PUBLIC DEFENSE, ORGANIZED A MENTAL HEALTH SUMMIT
A COUPLE OF WEEKS AGO AND WE FOCUSED ON PEOPLE WHO CYCLED THROUGH THE SYSTEM, REPEATEDLY. WE HAD THE HEALTH CARE AUTHORITY THERE. WE HAD OFFICERS BOTH IN THE JAIL AND ON THE
STREET WHO DID THE CRISIS INTERVENTION TRAINING. WE MAY NOT AGREE ON THE METHODS, BUT THERE ARE A LOT OF PEOPLE WHO WANT A JUSTICE SYSTEM
THAT PROVIDES FAIRNESS AND COMMUNITY SAFETY. IF YOU HAVE A WAY TO ENGAGE WITH THOSE FOLKS,
YOU CAN BUILD A GOOD JUSTICE SYSTEM. IF YOU DON’T HAVE THAT, THE BEST ADVERTISEMENT
FOR A BAD JUSTICE SYSTEM IS BAD PUBLIC DEFENSE,
BECAUSE IT JUST CONFIRMS FOR EVERYONE WHO COMES THROUGH THE SYSTEM AND
THEIR FAMILIES AND THEIR FRIENDS AND THEIR NEIGHBORS, THAT THIS IS A SYSTEM THAT
CARES NOTHING ABOUT THEM. IT IS A RELEVANT TO THEIR LIVES OR AT THE WORST, THAT
IT NEEDS TO BE ACTIVELY RESISTANT — RESISTED. I THINK YOU CAN BUILD SUPPORT AROUND THAT
IDEA, THAT WE ALL WANT FAIRNESS AND COMMUNITY SAFETY. THERE ARE MEASURABLE WAYS TO MOVE TOWARD THAT , THAT ALLOW US TO HAVE COMMUNITIES
THAT AGREE AND WORK WITH THE LAWS THAT WE WANT TO SEE ENFORCED IN ORDER
TO ACCOMPLISH THAT. DAVID: OUR FINAL PANELIST IS REPRESENTATIVE
CHRISTIE PERRY. IDAHO
WAS A STEP ABOVE –>>SORRY. DAVID: EVEN THOUGH TRIAL LEVEL SERVICES WOULD
VERY MUCH — LOOKED VERY MUCH SIMILAR TO THOSE IN OTHER STATES, SINCE THE
LATE 90’S, IDAHO HAS STATE-FUNDED AND STATE ADMINISTERED APPELLATE SERVICES. IT WAS TRUE THAT A LOT OF ISSUES WERE IDENTIFIED ON THE TRIAL LEVEL, AND REPRESENTATIVE
PERRY WAS AT THE FOREFRONT OF YOU MIDTERM LEGISLATIVE LOOKING
AT THOSE ISSUES. I WAS PARTICULARLY INTERESTED IN TALKING ABOUT , NOWHERE
HAVE I SEEN SUCH A GENUINE AND APPLE DISCUSSION ABOUT THE BALANCE BETWEEN
STATE AND COUNTY RESPONSIBILITY FOR INDIVIDUAL DEFENSE AND PARTICULARLY, THE
EXPANSION OF CRIMINAL JUSTICE BY THE NUMBER OF CASES AND I WAS HOPING YOU COULD
START WITH THAT DISCUSSION THAT THE INTERIM COMMITTEE HAD ABOUT WHAT IS THE
ROLE BETWEEN STATE AND COUNTIES. REP. PERRY: THANK YOU. THANK YOU FOR INVITING ME. IDAHO IS EXCITED TO BE ABLE TO SPEAK ABOUT SOME OF THE REFORMS WE DID. WE KNOW THAT THEY ARE GOING TO BE MEANINGFUL AND WE ARE LOOKING FORWARD TO THAT. WE HAVE ALREADY NOTICED HOW THE REFORMS WE PUT INTO PLACE WILL ROLL OVER INTO
OTHER AVENUES AND ARENAS , SPECIFICALLY I SPOKE TO A COUPLE OF PEOPLE
REGARDING FOSTER CARE REFORM. I WOULD LIKE EVERYONE TO KNOW THAT WHEN I SPEAK
TO YOU, I SPEAK THROUGH THAT CREATION OF POLICY, BECAUSE THAT IS WHERE
MY PARTICULAR PLACE WAS. IT WAS INTERESTING. AS WE SIT HERE AND TALK, I REALIZE HOW MUCH
IDAHO ACTUALLY MIRRORED UTAH AND AS A BEGIN RESEARCHING WHAT
WERE SOME OF THE IMPROVEMENTS THAT COULD BE MADE IN IDAHO, WE ALSO DELEGATED
OUR RESPONSIBILITIES FOR PUBLIC DEFENSE THROUGH OUR COUNTY SYSTEM. WE DID NOT USE THE CITIES, BUT IT DID RUN THROUGH THE COUNTY SYSTEMS. WE DID NOT HAVE STATE FUNDING, WE DID NOT
HAVE OVERSIGHT MECHANISMS AND WHEN WE BEGAN OUR
CONVERSATIONS, MOST OF THEM WERE QUESTIONS SURROUNDING DATA AND COME TO FIND
OUT, WE DID NOT HAVE THEM EITHER. EVEN THOUGH WE REQUIRED PUBLIC DEFENDERS TO
SUBMIT THEIR DATA, WE HAD NO DEFINITION OF WHAT A PUBLIC DEFENDER WAS. WE ALSO DID NOT HAVE ANY ENFORCEMENT TO BACK UP THAT STATUTE. WE FELT LIKE WE WERE STARTING FROM GROUND
ZERO. GROUND ZERO ALSO MEANT , WHAT IS THAT RELATIONSHIP
BETWEEN THE STATE AND COUNTIES? AT THIS POINT, OUR COUNTIES SPOKE UP AND SAID
THEY DON’T THINK THERE SHOULD BE A RELATIONSHIP. AS A MATTER OF FACT, WE THINK THE STATE SHOULD
HAVE IT , AND WE HAD A ROBUST CONVERSATION AND
BATTLE BETWEEN THE STATE AND THE COUNTIES, WHERE SOME OF THE COUNTIES FELT
THE STATE IN DELEGATING REALLY ABDICATED THEIR RESPONSIBILITY, WHERE OTHER
COUNTIES FELT LIKE A REALLY IS HOURS. WHAT HAPPENED IS YOU LOOK AT THE SIXTH AMENDMENT
ITSELF AND THE VERBIAGE IN PART SAYS THAT PEOPLE ARE ALLOWED
THE RIGHT TO AN IMPARTIAL JURY OF THE STATE AND DISTRICT WHERE THE CRIME
WAS COMMITTED. WHEN WE LOOK AT THAT AND THE INSERTION OF THE WORD AND DISTRICT. IT MEANT IN OUR MINDS THAT IT BECOMES VERY LOCAL. AS WE HAD THAT CONVERSATION, WE WENT THROUGH
THOSE COUNTIES AND WE SAID WE DO BELIEVE THAT YOU
SHOULD PARTICIPATE, HERE. THERE IS THAT BALANCE. WE COULD NOT FIND A SINGLE COUNTY THAT SAID
NO, WE DO NOT BELIEVE IN THE SIXTH AMENDMENT. EVERYBODY KNEW THAT THEY HAD A CONSTITUTIONAL RIGHT TO THAT PUBLIC DEFENSE. THE QUESTION BECAME HOW DO YOU PROTECT THAT RIGHT AND HOW DO YOU DO IT EQUALLY AND IN
A BALANCED MANNER ACROSS THE STATE, ESPECIALLY WHEN YOU DEAL WITH STATES AND RESOURCES
VERY, WIDELY — WILDLY. WE HAVE WHAT YOU LOOK TOTALLY CONSIDER RURAL,
BUT IDAHO ALSO HAS WHAT IS CONSIDERED FRONTIER COUNTIES WHERE YOU HAVE
700 PEOPLE IN A COUNTY THAT IS PROBABLY LARGER THAN SOME OF YOUR EASTERN
STATES. RESOURCES IN THESE TYPES OF THINGS BECOME DIFFICULT, AND HOW DO WE BALANCE
WHEN WE HAVE AN URBAN CENTER WITH ALL THE RESOURCES AVAILABLE, THERE. WE FOUND THAT TO BE EXTREMELY IMPORTANT FOR US. OUR GOAL WAS TO ENSURE THAT WE HAD PARITY
OF RESOURCES ACROSS OUR STATE, AND THAT OUR CITIZENS, REGARDLESS
OF WHETHER OF THEY WERE — WHETHER THEY WERE ARRESTED IN AN URBAN OR
FRONTIER COUNTY, RECEIVED TREATMENT, EQUALLY AND THAT REQUIRED COOPERATION AND
THAT CAME OVER A NUMBER OF YEARS INTO A NUMBER OF CONVERSATIONS. WE ARE NOW IN THE PROCESS OF THAT, AND I THINK THAT THEY REALIZE THAT THIS REALLY IS A GOOD
MECHANISM. WE STAYED WITH OUR COUNTY IMPLEMENTATION MODEL, BUT THE STATE
DID JUMP IN, TO ASSIST WHERE WE HAD NOT, BEFORE. DAVID: ONE OF THE MOST INTERESTING ASPECTS
OF THE IDAHO REFORM, TO ME, IS THE ENFORCEMENT MECHANISM, ABOUT WHAT THIS STATE
CAN DO IF A COUNTY IS FOUND TO BE WILLFULLY NOT MEETING STANDARDS. CAN YOU TALK ABOUT THAT? REP. PERRY: YES. THAT WAS OUR BIGGEST BATTLE OF THE ENTIRE
POLICY AND THAT WAS THE ENFORCEMENT MECHANISM. BECAUSE WE WERE LEFT WITH DEALING WITH THIS
INNER BATTLE BETWEEN THE STATE AND THE COUNTIES,
THE COUNTIES THEMSELVES COULD NOT DECIDE ON WHETHER THEY WANTED TO ABDICATE
TO THE STATE OR WANTED TO BE PARTNERS. WE WORKED WITH THE IDAHO ASSOCIATION OF COUNTIES
AND THEY TRIED TO GET CONSENSUS BUT COULD NOT. ULTIMATELY, THE COUNTIES WERE SPLIT 50-50
ON WHAT THEY BELIEVED THEIR ROLE TO BE. WHEN IT CAME DOWN TO CREATING AN ENFORCEMENT MECHANISM , MANY LEGISLATORS WHO PARTICIPATED
WERE ENDED UP BEING PROXIES FOR THEIR LOCAL COUNTY COMMISSIONERS BECAUSE THAT
IS THEIR JOB. THEY WOULD HAVE TO COME IN AND STAND UP FOR THE COUNTY COMMISSIONERS
ALTHOUGH THEIR ROLE AS A STATE REPRESENTATIVE PUT THEM IN QUITE A CONFLICT. BECAUSE IDAHO IS A VERY CONSERVATIVE STATE, WE ALSO TEND TO LOOK AT
ULTIMATE CONTROL OR LOCAL CONTROL , WHICH ENDS UP BEING LOCAL IMPLEMENTATION. WE WERE ABLE TO COME UP WITH AN OVERSIGHT MECHANISM , AND WHAT WE DID, WERE
A COUPLE OF DIFFERENT THINGS. IT BECAME IMPORTANT IN A CONSERVATIVE STATE IS
THAT THE GOVERNMENT IS NOT TOO BIG, IT IS LIMITED AND NOT HEAVY-HANDED. HOW DO YOU BALANCE BEING ABLE TO MAKE SURE WE CAN ENFORCE WITHOUT REALLY HITTING
THEM OVER THE HEAD WITH A HAMMER? . OUR ENFORCEMENT MECHANISM IS A LITTLE LENGTHIER
THAN YOU MAY SEE IN OTHER STATES, BUT FOR US, WE FELT THAT THIS WAS
REALLY GOING TO WORK OUT, AND WE WERE ABLE TO GET MAJORITY CONSENSUS. OUR COMMISSION THAT WE HAD PREVIOUSLY CREATED WAS GIVEN THE AUTHORITY TO DETERMINE
IF THERE WERE ANY EFFICIENT THESE — ANY EFFICIENCIES — INEFFICIENCIES IN
THE COUNTY. WE WOULD SEE IF THEY COULD COME UP WITH SOME CONSENSUS. IF AGREEMENT ON THE ISSUE COULD NOT BE MET, THEN A MEDIATION PROCESS WAS TO OCCUR, WITH
THE COST TO GO BETWEEN BOTH THE COUNTIES AND THE PUBLIC DEFENSE COMMISSION. IF AFTER MEDIATION WE WERE UNABLE TO REMEDIATE, THEN THE COMMISSION WAS GOING
TO OUR ADMINISTRATIVE PROCEDURES . THAT WAY, THE COUNTIES WERE ABLE TO HAVE THEIR
DUE PROCESS AND NOT FEEL LIKE THE COMMISSION COULD JUST COME IN AND ORDER
THEM TO DO SOMETHING. IF WE HAD GONE THROUGH ALL OF THIS AND WE COULD NOT
COME UP WITH A REMEDIATION AND THE ADMINISTRATIVE PROCEDURE DETERMINED THAT THE
DIVISION — DEFICIENCY WAS WARRANTED, AND THE COMMISSION IS EMPOWERED
TO STEP IN AND GO INTO THE COUNTY AND REMEDIATE. WHEN THAT HAPPENS, WHAT WOULD HAPPEN WAS THE
COUNTIES WOULD GO GREAT, YOU GO RIGHT AHEAD AND TAKE OVER. THAT WAS REALLY WHAT WE WANTED TO AVOID. IF WE HAVE TO COME IN AND TAKE OVER AND RE-MEDIATE,
AND THE COUNTIES ARE RESPONSIBLE TO PAY FOR THAT. THEY HAVE THE SAME ATTITUDE THAT A LOT OF
US HAVE , WHILE I AM JUST NOT GOING TO PAY THE
BILL. AT THAT POINT, WE ALSO WROTE IN THAT THE STATE CAN INTERCEPT ANY SALES
TAX RECEIPTS THAT THE STATE SENDS TO THAT COUNTY. WE WOULD INTERCEPT THOSE AT THE STATE TREASURER
LEVEL AND TAKE THAT FUNDING FROM THEM. THAT SEEMS TO BE ENOUGH, AT THIS POINT, THAT
IT WAS A GOOD ENOUGH FEAR WITHOUT ACTUALLY COMING IN
AND TAKING OVER, INITIALLY, BUT IT ALLOWS BOTH SIDES TO HAVE THEIR TIME TO REMEDIATE
AND DISCUSS AND ALSO GO THROUGH DUE PROCESS. SO FAR, THIS PROCESS SEEMS TO BE WORKING OUT. COLETTE: I HAVE ONE QUESTION. WHAT IS THE OVERSIGHT FOR THAT? IF YOU HAVE SOMEONE IN THE FRONTIER COUNTY THAT IS NOT
DOING WHAT THEY ARE SUPPOSED TO BE DOING, HOW ARE YOU CHECKING UP ON THAT? REP. PERRY: OUR PUBLIC DEFENSE COMMISSION HAS NOW
BEEN AUTHORIZED TO BE ABLE TO DO THAT, AND WE ARE CREATING POSITIONS
BASICALLY THAT WE ARE CALLING LIAISONS AND OUR PUBLIC DEFENSE COMMISSION,
IT IS IMPORTANT TO UNDERSTAND THAT FROM THE BEGINNING, WHEN WE ROLLED EVERYTHING
OUT, WE ARE NOT COMING IN AS A GOVERNMENT AGENCY WITH A HEAVY HAND. WE ARE HERE TO ASSIST YOU AT YOUR GROUND-LEVEL AND TO HELP YOU UNDERSTAND WHAT
RESOURCES YOU HAVE, WHAT YOU ARE DOING WELL AT AND MAYBE WHAT YOU ARE NOT. WE ARE BUILDING IN LIAISONS THAT WILL WORK FOR THE PUBLIC DEFENSE COMMISSION
. WE BELIEVE THERE WILL BE SOME REGIONS, BUT THEY CAN BE GROUND-LEVEL PEOPLE
THAT CAN KIND OF HELP AND BE THAT MIDDLEMEN BETWEEN THE COMMISSION. ULTIMATELY, IT IS THAT COMMISSION. DAVID: WE ARE BUMPING UP AGAINST OUR BREAK,
BUT I DO WANT TO PUT YOU ON THE SPOT. WHEN I TALK ACROSS THE COUNTRY, ABOUT THE
FACT THAT CONSERVATIVES ARE AT THE FOREFRONT OF DEFENSE REFORM, A LOT OF
PEOPLE ARE TAKEN ABACK. I THINK THERE IS A PARTICULARLY NORTHEAST BIAS THAT
THIS IS A PROGRESSIVE ISSUE, ONLY. WHEN I TELL THEM THAT THE LEGISLATIVE LEADER
IN IDAHO IS A CONSERVATIVE GUN SHOP OWNER , PEOPLE TEND TO LOOK AT ME VERY
STRANGELY. I WAS HOPING YOU COULD TAKE A MOMENT AND TALK ABOUT HOW THE RIGHT
TO COUNSEL FITS IN WITH A CONSERVATIVE POLITICAL PHILOSOPHY. REP. PERRY: PEOPLE ARE RATHER SHOCKED, BUT THE
SIXTH AMENDMENT AS ALL AMENDMENTS REALLY CAN AND SHOULD BE VIEWED
FROM A CONSERVATIVE VIEWPOINT AND SUPPORTED. CONSERVATIVES ULTIMATELY BELIEVE IN LIMITED
GOVERNMENT. THEY BELIEVE IN INDIVIDUAL RESPONSIBILITY, BUT
ALSO IN INDIVIDUAL LIBERTY. INDIVIDUAL LIBERTY CLEARLY LANDS IN THE SIXTH
AMENDMENT AND IT REALLY IS UP TO US TO DEFEND THAT INDIVIDUAL LIBERTY. WE ALSO BELIEVE IN LIMITED GOVERNMENT. IN THE COURTROOM, OR WHEN A PERSON IS CHARGED,
ALL OF A SUDDEN YOU HAVE ALL THE RESOURCES OF THE GOVERNMENT AGAINST A
LONE INDIVIDUAL AND OFTENTIMES MANY OF THEM — THOSE OF US WHO BELIEVE — WE SEE
THAT AS AN UNFAIRNESS AND UNJUST IN OUR OPINION. EVEN IN IDAHO, OUR DISCUSSION WAS NEVER ABOUT
SHOULD WE BE LEADING HERE? THIS IS WHERE CONSERVATIVES BELONG. WE THOUGHT IT WAS REALLY AT THE HEART OF THAT CONVERSATION. WE SAW A NEED FOR IMPROVEMENT. THIS WAS NOT A RICH MAN/POOR MAN FIGHT. THIS IS NOT A REPUBLICAN OR DEMOCRAT FIGHT. THIS IS ABOUT WHAT IS THE RIGHT THING BETWEEN GOVERNMENT
AND CITIZENS. WE THOUGHT WE SQUARELY LANDED, THERE AND IDAHO HAS BEEN
PROUD OF THE IMPROVEMENTS WE MADE. DAVID: I AM VERY OPTIMISTIC ON THE WORK THAT
IS BEING DONE. WE ARE UP AGAINST OUR BREAK. WE HAD INTENDED TO GIVE THE AUDIENCE A CHANCE
TO ASK QUESTIONS OF THIS PANEL AND FOR THE PANEL TO GIVE FINAL
THOUGHTS. MAYBE WE CAN TAKE A MINUTE OR TWO TO SEE IF THERE ARE QUESTIONS
BE MORE WE TAKE A BREAK. IN THE BACK.>>I AM CURIOUS. THE EXAMPLE THAT YOU HIGHLIGHTED WERE FROM
UTAH AND IDAHO , AND I AM GOING TO ADDRESS THE 800 POUND GORILLA
IN THE ROOM. I SERVED ON THE INDIGENT DEFENSE COMMISSION IN NORTH CAROLINA
AND ONE OF THE OBSTACLES TO PROPERLY FUNDING PUBLIC DEFENSE HAS BEEN RACISM
AND CLASSES OF. THE TWO EXAMPLES THAT YOU BROUGHT UP, IDAHO AND UTAH,
ARE CULTURALLY HOMOGENEOUS STATES, AND I AM CURIOUS IF YOU THINK THE
REFORMS AND THE CONSENSUS THAT HAS BEEN ACHIEVED IN THOSE STATES ARE TRANSFERABLE
TO STATES WHERE THE POPULATION IS MORE DIVERSE AND WHERE YOU HAVE TO COMBAT
SOME OF THOSE UNDERLYING BIASES. DAVID: I AM WORKING WITH A CURRENT STATE SUPREME
COURT TASK FORCE IN TENNESSEE AND AS I MENTIONED, WE ARE DOING A STATEWIDE
STUDY IN MISSISSIPPI. WHAT WE FIND IS THAT WHEN YOU FRAME THE SIXTH AMENDMENT
AS A TYRANNY OF BIG GOVERNMENT AGAINST INDIVIDUAL LIBERTIES , IT CREATES
A BIG ENOUGH UMBRELLA TO ENCOMPASS BOTH THE LEFT AND THE RIGHT. UNFORTUNATELY, TYRANNY OFTEN GOES AFTER AFTER
— AFTER THE PEOPLE WITH THE LEAST AMOUNT OF
VOICE IN THE POLITICAL PROCESS, PARTICULARLY IN REGIONS OF THE SOUTH , THOSE
TEND TO BE COMMUNITIES OF COLOR. IF YOU FRAME IT , AND WE WILL NOT FIX THE
PROBLEMS OF RACISM AND DISPROPORTIONATE MINORITY CONTACTING IN A
DISCUSSION SUCH AS THIS, THAT I DO THINK WHEN YOU ARE ABLE TO FRAME IT FROM THAT
PERSPECTIVE, IT ALLOWS THE PEOPLE THAT ARE WORKING ON BEHALF OF PEOPLE
OF COLOR OR NATIVE AMERICANS OR WHATEVER MINORITY GROUP IT IS, AND BRING ALONG
CONSERVATIVES BECAUSE THEY CAN LOOK AT IT FROM THIS TYRANNY OF GOVERNMENT
VERSUS INDIVIDUAL LIBERTY APPROACH. IT IS NOT EASY, BUT I THINK IT IS TRANSFERABLE. ANYONE HAVE LAST-MINUTE COMMENTS OR SHOULD WE GO TO BREAK? THANK YOU VERY MUCH. [APPLAUSE]

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