Things we take for granted - a Public defender
Just saw this over at Messenger Post. Apparently Ontario County has a system of assigned counsel meaning private lawyers are assigned as a Public Defense attorney when one is required.
Now Ontario County has elected to replace that system and create a Public Defender office like what we have here in Monroe County. The vote was 19-1. I’m not claiming expertise here but having an actual Public Defender as opposed to a Private Defender acting as a Public defender has to be a good thing.
“I believe it’s the right thing to do. We’re going to make sure that indigent people get the best representation in Ontario County,” Ninestine said. [ Don Ninestine, D-city of Geneva]
John Tyo, esquire of the Ontario County Bar Association, expressed his concerns with a public defender’s office before the vote and urged the board to stick with its assigned-counsel program where the county contracts with private attorneys.
[snip]
Tyo used the old saying, “If it ain’t broke, don’t fix it,” to plead his case with the board.
“We are not perfect, but we have done the job and we are working to improve those areas which need improvement,” Tyo said about the assigned-counsel program.
Yeah - “if it ain’t broke…” immediately followed by “we are not perfect”. Something isn’t right there. A group of dedicated professional Public Defenders protecting the rights of the accused. All they do is serve as Public Defenders - I’m thinking this is a good thing.
Any comments?
Related posts:
Many communities experience tension between private attorneys and public defenders, especially when the community is first considering setting up a public defender’s office. Without a PD’s office, the private attorneys get paid for picking up assigned cases. They are able to bill the county for the hours they work and there is no oversight as to whether those hours are actually worked. Private attorneys can pick up a lot of assigned cases in a busy community, and the more serious cases can create a more serious income. In Buffalo, the private attorneys have long prevented institution of a public defender’s office for felonies. (They only handle misdemeanors there.)
The benefits of a public defender’s office can vary. The office has to be sufficiently well funded that there are enough attorneys to handle the cases. But if there’s a well funded office, you will have specialists representing the poor, and ensuring that the effects of racism and classism are reduced. They will also challenge the actions of police, prosecutors and judges, ensuring that the Constitution is still respected. If it’s a good office, it will be a resource to the private attorneys, providing information on how to handle cases, or someone to discuss a case with. Like anything, a public defender’s office is only as good as the people within it.
Representation for the poor in Ontario County has been the subject of criticism and scrutiny in recent years. http://64.233.169.104/search?q=cache:TVxifhznTTIJ:www.democratandchronicle.com/apps/pbcs.dll/article%3FAID%3D/20080331/NEWS01/803310334/0/NEWS05+kaye+report+ontario+county&hl=en&ct=clnk&cd=4&gl=us
So it seems like this is a step in the right direction.
Although the best step is to take local community funding out of it, so that politics don’t dictate policy, caseload size, staffing or quality of representation in a public defender’s office.