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Blomquist: Gideon at 50 is A Work in Progress

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blomquist-kerry2013 marks the 50th anniversary of Gideon v. Wainwright, the landmark Supreme Court decision that established that under the Constitution, states are required to provide a lawyer to criminally charged defendants who cannot otherwise afford one. The Gideon ruling is rightfully celebrated as an important legal victory, but I am not alone when I suggest we still have promises to keep, 50 years later.

Despite substantial changes to our criminal justice system since Gideon, state and federal governments have still not committed the funding necessary for public defenders to keep pace with the rising flood of criminal cases. The much-touted “War on Crime” of the 1980s resulted in record-breaking arrests that were not met with a system realistically prepared to offer justice to all. Bankrolling the War on Crime was easy enough but when time came to fund indigent defense, our leaders got squeamish and shortsighted and failed to realize a basic fact: the cost of indigent defense is part of the cost of criminal justice.

According to the Justice Policy Institute, over the last 25 years spending on public defense has remained far below other criminal justice expenditures. For every dollar spent on public defense, we spend nearly $14 on corrections and $20 on police protection. And the results are getting pretty obvious.

Today, we live in an era of mass incarceration, caused in part by this broken promise. The United States leads the world in number of people in prison. After 40 years of the War on Drugs and “tough on crime” policies combined with the routine denial of effective legal representation for poor defendants, there are currently 2.3 million people behind bars—nearly half for nonviolent crimes. THAT is expensive at over $30,000 per inmate, per year…yet we also spend less on public defense as a percentage per capita than every single European nation. Coincidence? I think not.

According to the American Bar Association, 70 to 90 percent of criminal defendants qualify for publicly funded attorneys today; that is a far cry from the 40 percent of Gideon days. Caseloads are exorbitant, with today’s public defenders carrying upwards of 300 cases at a time. Issues are more complex, needing investigation, scientific testing and more extensive discovery. Juries are made up of the “CSI” generation now, so they want it all and they want it now with little regard to cost. And finally, public defender positions tend to be underpaid so they attract less experienced lawyers. The result is, in this author’s opinion, the lack of time, training, resources and support these lawyers need to consistently put their best foot forward; to offer justice as promised and to fulfill the promise of Gideon.

One solid and commanding voice in this discussion has been my former law school dean, Former Dean and Professor of Law Norman Lefstein, who has both studied and worked this issue for decades. In his 2011 book, “Securing Reasonable Caseloads: Ethics and Law in Public Defense,” Lefstein notes that we have a moral and ethical duty to draw a line in the sand and “just say no” to compromising the quality of legal representation because of outrageous caseloads.

Gideon’s 50th birthday has set Congress atwitter as well, literally and figuratively, with the introduction of legislation that would require states to use existing federal funds to improve the administration of criminal justice in strategic ways. This would include providing for adequate training, compensation and support for public defenders. The Gideon’s Promise Act of 2013 would hold states accountable for providing effective representation to criminal defendants, because to do less than that risks the very freedom of those we have promised to protect.

Earlier this month, I was fortunate to represent this bar association in a federal district court naturalization hearing held for the first time at Shortridge Magnet School on Law and Public Policy. While these ceremonies are always moving, this one was particularly near and dear to my heart because it was the culmination of nearly a year of planning to create the perfect storm. On that day, in that auditorium, 83 people from more than 40 countries were sworn in as new U.S. citizens by Federal District Court Judge Jane Magnus-Stinson, in full view of a student body comprising young people impatient to work for justice.

It was a beautiful thing and a vivid reminder that America is still the “destination capital of the world” for those looking for opportunity, equality, and freedom. Truth is, all over this country immigrants are willing to renounce any and all allegiance to their birth country to pledge their allegiance to the United States of America; to fight and die in our wars; to pay our taxes; and to peacefully assimilate in this melting pot of society. In short, to live in “One Nation, Under God, Indivisible, with Liberty and Justice for all.” Let’s not forget our promise to them.•
 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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