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	<title>Comments on: For a Public Defender&#8217;s Office</title>
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	<description>the tao of criminal defense trial lawyering</description>
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		<title>By: Franz von Hoffmann</title>
		<link>http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html/comment-page-1#comment-3646</link>
		<dc:creator>Franz von Hoffmann</dc:creator>
		<pubDate>Wed, 11 Jun 2008 18:37:31 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html#comment-3646</guid>
		<description>I am a student researcher at the Earl Carl Institute Thurgood Marshall Law School here in Houston. We are putting on a symposium to advocate creation of a PD office here in Harris County. Any information you can send me would be helpful. Also if any of the defense bar would like to participate/ sponsor, let me know and I will pass it to the Director. I am really excited about this program, and as many of you have indicated here, I think it would be of benefit all the way around. Please contact me at the email address above with questions, comments, or information.</description>
		<content:encoded><![CDATA[<p>I am a student researcher at the Earl Carl Institute Thurgood Marshall Law School here in Houston. We are putting on a symposium to advocate creation of a PD office here in Harris County. Any information you can send me would be helpful. Also if any of the defense bar would like to participate/ sponsor, let me know and I will pass it to the Director. I am really excited about this program, and as many of you have indicated here, I think it would be of benefit all the way around. Please contact me at the email address above with questions, comments, or information.</p>
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		<title>By: Capital Defense Weekly &#187; Blog Archive &#187; yeah, yeah, yeah</title>
		<link>http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html/comment-page-1#comment-2502</link>
		<dc:creator>Capital Defense Weekly &#187; Blog Archive &#187; yeah, yeah, yeah</dc:creator>
		<pubDate>Mon, 14 Apr 2008 16:27:43 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html#comment-2502</guid>
		<description>[...] For a Public Defender’s Office [via Bennett&#8217;s blog] [...]</description>
		<content:encoded><![CDATA[<p>[...] For a Public Defender’s Office [via Bennett&#8217;s blog] [...]</p>
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		<title>By: Clay S. Conrad</title>
		<link>http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html/comment-page-1#comment-2433</link>
		<dc:creator>Clay S. Conrad</dc:creator>
		<pubDate>Sun, 13 Apr 2008 14:40:54 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html#comment-2433</guid>
		<description>When I first started practicing law, I called Federal Public Defenders quite often for information on federal cases.  If I have a Federal case in an unfamiliar jurisdiction, I&#039;m still not shy about calling the PD&#039;s office to get some background on the judge, prosecutor, etc.

IF the PD&#039;s office sees part of their job as assisting the criminal defense bar in general, their ability to create a massive filing cabinet (tons of pre-trial motions, etc.) and to make that available will be a real asset.  Most defense lawyers are solo practitioners, while the DA&#039;s office has thousands and thousands of documents they can rely on.  We can ALL do a better job, with the resources of a PDs office available to support us.

Now, if the County establishes a crappy PDs office, then of course it will not be an asset.  The issue, to me, is not whether to support a PDs office, but whether to support the PDs office the County is willing to establish.  And until we see the dimensions of that office, I&#039;ll have to remain optimistic, but neutral.</description>
		<content:encoded><![CDATA[<p>When I first started practicing law, I called Federal Public Defenders quite often for information on federal cases.  If I have a Federal case in an unfamiliar jurisdiction, I&#8217;m still not shy about calling the PD&#8217;s office to get some background on the judge, prosecutor, etc.</p>
<p>IF the PD&#8217;s office sees part of their job as assisting the criminal defense bar in general, their ability to create a massive filing cabinet (tons of pre-trial motions, etc.) and to make that available will be a real asset.  Most defense lawyers are solo practitioners, while the DA&#8217;s office has thousands and thousands of documents they can rely on.  We can ALL do a better job, with the resources of a PDs office available to support us.</p>
<p>Now, if the County establishes a crappy PDs office, then of course it will not be an asset.  The issue, to me, is not whether to support a PDs office, but whether to support the PDs office the County is willing to establish.  And until we see the dimensions of that office, I&#8217;ll have to remain optimistic, but neutral.</p>
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		<title>By: Nathaniel Tarlow</title>
		<link>http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html/comment-page-1#comment-2392</link>
		<dc:creator>Nathaniel Tarlow</dc:creator>
		<pubDate>Sat, 12 Apr 2008 19:44:41 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html#comment-2392</guid>
		<description>One disadvantage of a pd&#039;s office is that there will only be so many spots available for attorneys who want to work there.  The existence of a pd&#039;s office will naturally cut down on the number of appointments available for young, inexperienced, but still very passionate budding defense attorneys.  So while a small number of young attorneys will get a wealth of defense seasoning in the pd&#039;s office, many young solos will be deprived of the appointments they need for both financial and experience development reasons.  This will hurt the profession and the quality of indigent representation as a whole.  

In my own brief tenure in the law, I&#039;ve learned a tremendous amount from my court-appointed clients, and that allowed me to better represent court-appointed and retained clients who came after them.  I never treated court-appointed clients any differently than retained clients either, both because of my ethics and because of my desire not to let down the judges who authorized the appointment of these clients to me.</description>
		<content:encoded><![CDATA[<p>One disadvantage of a pd&#8217;s office is that there will only be so many spots available for attorneys who want to work there.  The existence of a pd&#8217;s office will naturally cut down on the number of appointments available for young, inexperienced, but still very passionate budding defense attorneys.  So while a small number of young attorneys will get a wealth of defense seasoning in the pd&#8217;s office, many young solos will be deprived of the appointments they need for both financial and experience development reasons.  This will hurt the profession and the quality of indigent representation as a whole.  </p>
<p>In my own brief tenure in the law, I&#8217;ve learned a tremendous amount from my court-appointed clients, and that allowed me to better represent court-appointed and retained clients who came after them.  I never treated court-appointed clients any differently than retained clients either, both because of my ethics and because of my desire not to let down the judges who authorized the appointment of these clients to me.</p>
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		<title>By: PJ</title>
		<link>http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html/comment-page-1#comment-2292</link>
		<dc:creator>PJ</dc:creator>
		<pubDate>Thu, 10 Apr 2008 23:33:31 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html#comment-2292</guid>
		<description>Oops.  Too slow.  My comment to Jigmeister was directed at the 3:22 p.m. post.</description>
		<content:encoded><![CDATA[<p>Oops.  Too slow.  My comment to Jigmeister was directed at the 3:22 p.m. post.</p>
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		<title>By: PJ</title>
		<link>http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html/comment-page-1#comment-2291</link>
		<dc:creator>PJ</dc:creator>
		<pubDate>Thu, 10 Apr 2008 23:32:33 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html#comment-2291</guid>
		<description>I can understand the reticence regarding institutionalism, but I think institutionalism, per se, is neutral.  It all depends on what norms are being institutionalized.  In the case of a PD&#039;s office, it is hard to go wrong as far as the effect of institutionalism is concerned because a PD&#039;s office will be defending liberty.

Institutionalism is really the only way to overcome the pitiful attitude the Harris County public has regarding crime and the criminal justice system.  If you want the public to be a staunch supporter of a defendant&#039;s constitutional rights--as opposed to, say, viewing them as mere &quot;technicalities&quot; that prevent true &quot;justice&quot;--then you need a strong institution pushing those values.  If the only institutionalized view is the prosecution&#039;s, public attitudes won&#039;t change.

Jigmeister, agreed to your last comment.</description>
		<content:encoded><![CDATA[<p>I can understand the reticence regarding institutionalism, but I think institutionalism, per se, is neutral.  It all depends on what norms are being institutionalized.  In the case of a PD&#8217;s office, it is hard to go wrong as far as the effect of institutionalism is concerned because a PD&#8217;s office will be defending liberty.</p>
<p>Institutionalism is really the only way to overcome the pitiful attitude the Harris County public has regarding crime and the criminal justice system.  If you want the public to be a staunch supporter of a defendant&#8217;s constitutional rights&#8211;as opposed to, say, viewing them as mere &#8220;technicalities&#8221; that prevent true &#8220;justice&#8221;&#8211;then you need a strong institution pushing those values.  If the only institutionalized view is the prosecution&#8217;s, public attitudes won&#8217;t change.</p>
<p>Jigmeister, agreed to your last comment.</p>
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		<title>By: Jigmeister</title>
		<link>http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html/comment-page-1#comment-2290</link>
		<dc:creator>Jigmeister</dc:creator>
		<pubDate>Thu, 10 Apr 2008 23:32:06 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html#comment-2290</guid>
		<description>If it doesn&#039;t there will be a lot of very poor PD&#039;s.  Young DA&#039;s don&#039;t make that much.</description>
		<content:encoded><![CDATA[<p>If it doesn&#8217;t there will be a lot of very poor PD&#8217;s.  Young DA&#8217;s don&#8217;t make that much.</p>
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		<title>By: sctex</title>
		<link>http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html/comment-page-1#comment-2288</link>
		<dc:creator>sctex</dc:creator>
		<pubDate>Thu, 10 Apr 2008 23:18:28 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html#comment-2288</guid>
		<description>Other than from a stance of &quot;fairness,&quot; why should a PD&#039;s office have even proportional funding?  Does a right to counsel mean counsel that is monetarily equaivalent?</description>
		<content:encoded><![CDATA[<p>Other than from a stance of &#8220;fairness,&#8221; why should a PD&#8217;s office have even proportional funding?  Does a right to counsel mean counsel that is monetarily equaivalent?</p>
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		<title>By: Jigmeister</title>
		<link>http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html/comment-page-1#comment-2277</link>
		<dc:creator>Jigmeister</dc:creator>
		<pubDate>Thu, 10 Apr 2008 21:22:57 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html#comment-2277</guid>
		<description>It should have a proportional funding.  If they handle 1/4 of all criminal cases filed then their funding ought to be 1/4 of the DA&#039;s funding.  Far too much PD&#039;s have budget problems that impact their ability to appropriately handle cases.  Remember also that the police do the majority of the investigation for prosecution, so even 1/4 would be disproportionate.  Also remember that the methods that court appointed attorneys have to get funding won&#039;t be available to the PD&#039;s.</description>
		<content:encoded><![CDATA[<p>It should have a proportional funding.  If they handle 1/4 of all criminal cases filed then their funding ought to be 1/4 of the DA&#8217;s funding.  Far too much PD&#8217;s have budget problems that impact their ability to appropriately handle cases.  Remember also that the police do the majority of the investigation for prosecution, so even 1/4 would be disproportionate.  Also remember that the methods that court appointed attorneys have to get funding won&#8217;t be available to the PD&#8217;s.</p>
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		<title>By: sctex</title>
		<link>http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html/comment-page-1#comment-2274</link>
		<dc:creator>sctex</dc:creator>
		<pubDate>Thu, 10 Apr 2008 20:37:23 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2008/04/for-a-public-defenders-office.html#comment-2274</guid>
		<description>I am wondering why there seems to be an assumption that a PD&#039;s office should have have the same funding as a DA&#039;s office.  Why on earth should it?</description>
		<content:encoded><![CDATA[<p>I am wondering why there seems to be an assumption that a PD&#8217;s office should have have the same funding as a DA&#8217;s office.  Why on earth should it?</p>
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