ILNews

Man’s Sixth Amendment right not violated

Back to TopCommentsE-mailPrintBookmark and Share

The failure of a judge to inquire into a defendant’s written complaint about his public defender didn’t violate the defendant’s Sixth Amendment right to effective assistance of counsel, the Indiana Supreme Court held Wednesday. However, the justices explained if a trial judge finds him or herself in a situation similar to the one presented, that judge should at least receive assurances from the public defender’s office that the complaint has been adequately addressed.

Randy Johnson had written to Monroe Circuit Judge Teresa Harper complaining that his public defender, Patrick Schrems, was ignoring his case. Johnson faced a child molesting charge, of which he was later convicted. Judge Harper forwarded the complaint to the county public defender’s office and told Johnson her authority was limited and it was up to the public defender’s office to assign public defenders. Judge Harper and Johnson took no further action on the matter before trial and Johnson and his attorney didn’t raise any objections to the representation at trial or the sentencing hearing.

On appeal, Johnson argued his Sixth Amendment right to effective assistance of counsel was violated by the trial judge when she didn’t conduct an adequate inquiry into his letter. He brought up other issues on appeal, but the Supreme Court only addressed this one in its decision. The justices also disagreed with the Court of Appeals’ decision to grant the state’s motion to strike portions of Johnson’s appellate brief that referenced Schrems’ previous discipline. The justices held their decisions imposing discipline against Schrems were before the trial court and the Court of Appeals to the same extent as their decisions in other litigated matters.

Turning to Johnson’s Sixth Amendment claim, the justices unanimously held his constitutional right hadn’t been violated. He claimed a conflict of interest existed between him and Schrems because the attorney didn’t interview certain witnesses. He claimed his conviction should be reversed under Holloway v. Arkansas, 435 U.S. 475 (1978), because the judge didn’t conduct an adequate inquiry when it responded that it could do nothing but send the complaint to the public defender’s office.

The high court rejected his argument in Randy Edward Johnson v. State of Indiana, No. 53S01-1106-CR-335, noting Johnson failed to allege even a potential conflict of interest or that his attorney’s loyalties were divided between Johnson and another client.

The justices also noted that in the future, under similar circumstances, a judge should do more than just pass the complaint along.

“Although indigent defense counsel must have professional independence, judges cannot take a complete ‘hands-off’ approach and totally rely on a bureaucratic agency,” wrote Justice Frank Sullivan, noting the U.S. would develop problems similar to those in England, in which there was an over-bureaucratizing of public legal services.

“To be sure, trial court judges often receive letters from disgruntled defendants complaining about their appointed lawyers, and many of these complaints – we are willing to assume most – will be unfounded. But in instances like this, where appointed counsel has a track record of the professional misconduct complained of, the judge should at minimum require assurance from the public defender’s office that the issue will be resolved. This would neither inhibit the independence of public defenders nor impose an onerous burden on our trial judges,” he wrote.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

ADVERTISEMENT