Comments on: Commissioners Approve PD Study http://bennettandbennett.com/blog/2008/04/commissioners-approve-pd-study.html the tao of criminal defense trial lawyering Tue, 16 Mar 2010 16:19:37 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: The Blawgraphy | More on the Proposed Public Defender Office in Harris County, Texas http://bennettandbennett.com/blog/2008/04/commissioners-approve-pd-study.html/comment-page-1#comment-2258 The Blawgraphy | More on the Proposed Public Defender Office in Harris County, Texas Thu, 10 Apr 2008 10:56:36 +0000 http://bennettandbennett.com/blog/2008/04/commissioners-approve-pd-study.html#comment-2258 [...] Commissioners Approve PD Study Bookmark this Page: These icons link to social bookmarking sites where readers can share and discover new web pages. [...] [...] Commissioners Approve PD Study Bookmark this Page: These icons link to social bookmarking sites where readers can share and discover new web pages. [...]

]]> By: Mark Bennett http://bennettandbennett.com/blog/2008/04/commissioners-approve-pd-study.html/comment-page-1#comment-2207 Mark Bennett Wed, 09 Apr 2008 13:26:41 +0000 http://bennettandbennett.com/blog/2008/04/commissioners-approve-pd-study.html#comment-2207 David, I agree with you, generally. Defending people is not on the short list of things that government is competent to do. But government creates the need for indigent defenders, and the potential problems you cite in a PD jurisdiction are just as prevalent, if not more prevalent, in a place with <i>ad hoc</i> appointment of indigent defenders. David, I agree with you, generally. Defending people is not on the short list of things that government is competent to do. But government creates the need for indigent defenders, and the potential problems you cite in a PD jurisdiction are just as prevalent, if not more prevalent, in a place with ad hoc appointment of indigent defenders.

]]> By: David http://bennettandbennett.com/blog/2008/04/commissioners-approve-pd-study.html/comment-page-1#comment-2188 David Wed, 09 Apr 2008 03:14:18 +0000 http://bennettandbennett.com/blog/2008/04/commissioners-approve-pd-study.html#comment-2188 Some people think establishing a p.d's office will solve all their problems. Like you, most p.d's are heroes of mine but not all offices are created equally and I have gathered a lot of horror stories along the way, not because p.d's office are bad but because they're human. Like a lot of government-run institutions, they tend to attract the best as well as the worst, so a good p.d. office requires a good leader, good training and promotion of the right people to create an atmosphere where the right kind of behavior is rewarded. I saw Barry Scheck wrote an op ed in the Chronicle and I wanted to respond that while a p.d.s office might be a good thing, if it's not implemented correctly it can pervert what Gideon v. Wainright was designed to accomplish. For example, in Douglas County court in Omaha, the indigency inquiry in almost all cases consists of one question: Do you want to hire an attorney or would you like a free one appointed? Guess what? Most pick "b." But the better question is, why do judges ask it this way? Why is the p.d. appointment encouraged and why are there some p.d.'s who try many cases and "push hard" while there are others who haven't filed a motion to suppress in years? If you don't encourage the former, you tend to end up with the latter and very few Barry Schecks end up roaming the hallways. So it isn't enough to start a p.d. office. You have to create a good one and remember that simply because many p.d.'s are heroes, the offices aren't immune from the excesses and inefficiencies of other government-run agencies. Some people think establishing a p.d’s office will solve all their problems. Like you, most p.d’s are heroes of mine but not all offices are created equally and I have gathered a lot of horror stories along the way, not because p.d’s office are bad but because they’re human.

Like a lot of government-run institutions, they tend to attract the best as well as the worst, so a good p.d. office requires a good leader, good training and promotion of the right people to create an atmosphere where the right kind of behavior is rewarded.

I saw Barry Scheck wrote an op ed in the Chronicle and I wanted to respond that while a p.d.s office might be a good thing, if it’s not implemented correctly it can pervert what Gideon v. Wainright was designed to accomplish.

For example, in Douglas County court in Omaha, the indigency inquiry in almost all cases consists of one question: Do you want to hire an attorney or would you like a free one appointed?

Guess what? Most pick “b.” But the better question is, why do judges ask it this way? Why is the p.d. appointment encouraged and why are there some p.d.’s who try many cases and “push hard” while there are others who haven’t filed a motion to suppress in years?

If you don’t encourage the former, you tend to end up with the latter and very few Barry Schecks end up roaming the hallways.

So it isn’t enough to start a p.d. office. You have to create a good one and remember that simply because many p.d.’s are heroes, the offices aren’t immune from the excesses and inefficiencies of other government-run agencies.

]]> By: Mark Bennett http://bennettandbennett.com/blog/2008/04/commissioners-approve-pd-study.html/comment-page-1#comment-2180 Mark Bennett Tue, 08 Apr 2008 21:42:32 +0000 http://bennettandbennett.com/blog/2008/04/commissioners-approve-pd-study.html#comment-2180 Collin, Not likely in Harris County. Other than the class divide between hired lawyers and court-appointed lawyers, the class divide between ex-prosecutors and never-prosecutors, and the class divide between "letter lawyers" and non-"letter lawyers", we've got no time for class divides in the criminal defense bar. Collin,

Not likely in Harris County. Other than the class divide between hired lawyers and court-appointed lawyers, the class divide between ex-prosecutors and never-prosecutors, and the class divide between “letter lawyers” and non-”letter lawyers”, we’ve got no time for class divides in the criminal defense bar.

]]> By: Colin http://bennettandbennett.com/blog/2008/04/commissioners-approve-pd-study.html/comment-page-1#comment-2178 Colin Tue, 08 Apr 2008 20:54:10 +0000 http://bennettandbennett.com/blog/2008/04/commissioners-approve-pd-study.html#comment-2178 Does the creation of a PD system seem likely to you to cause a class divide between those defense lawyers who work privately and those who elect to join the PDs office? Does such a divide exist in other cities which have PDs? Does the creation of a PD system seem likely to you to cause a class divide between those defense lawyers who work privately and those who elect to join the PDs office? Does such a divide exist in other cities which have PDs?

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