COD Conference 2011
Conference Recap
The Community-Oriented Defender (COD) Network and the American Council of Chief Defenders (ACCD) held a joint conference at New York University on July 20-22. Sessions focused on advocating for adequate indigent defense funding, building community support for the Community-Oriented Defender model, and related developments in particular states. Download an agenda here.
Mark Childress, the newly-appointed Senior Counselor to the Department of Justice’s Access to Justice Initiative, made his first public appearance in that role on the first day of the conference, delivering remarks and taking questions from the attendees. He was very knowledgeable, open and candid with the group in discussing his role in the program and in fielding questions, most of which centered around the miniscule funding that has been made available to defender organizations under the Edward Byrne Memorial Justice Assistance Grant program, administered by the Department of Justice.
It was a promising beginning of what should be a very productive relationship.
Jeff Adachi, Keynote and Individual Discussion
Jeff Adachi, Public Defender of San Francisco, delivered the conference’s keynote address on Thursday morning and also presented information on his office in a panel discussion. He is one of the few elected public defenders in the United States.
Adachi discussed the importance of taking risks in both internal staffing decisions and in publically confronting criminal justice stakeholders such as the mayor’s office and the police department, and the necessity of garnering community support for those efforts. He told the story of how, after months of budget struggles, including public rallies and a strong media campaign, the Board of Supervisors voted to restore $950,000 to the Public Defender’s office that the mayor had attempted to remove from his office’s budget.
Adachi attributed much of his office’s success to community-oriented defense programs. He discussed his office’s current success in securing funding for various community-oriented programs to his initial willingness to begin the programs on very small scales, using his internal resources, and seeking help from community organizations. He was very clear that this decision has the short-term consequences of maintaining higher caseloads for staff attorneys, or otherwise allocating resources away from existing practice. However, in the long run, he believes he has demonstrated that service provision is enhanced by the programs, and the office is ultimately stronger and better resourced as a result of these programs. He said, “if you provide the service, the resources will follow because you are able to get community support.” And backed by a history of community support, the office is better able to defend itself from political and social forces that seek to limit resources.
Watch a video of Mr. Adachi’s presentation below.
Stories of Legislative Successes and Challenges in Obtaining Resources
Panelists: Jonathan Gradess, Executive Director, New York State Defenders Association; South Carolina State Senator Gerald Malloy
Panelists discussed their strategies for achieving major legislative victories for indigent defenders in New York and sweeping sentencing reform in South Carolina. Jonathan Gradess, the executive director for the New York State Defenders Association, and Sen. Gerald Malloy of the South Carolina state legislature discussed the importance of developing a long-term strategy to engage key political players, garnering public input and developing strong evidence-based arguments.
In New York, years of advocacy resulted in the creation of an Office of Indigent Legal Services to monitor study and improve the quality of indigent defense. Supporters had waged a long campaign that included fact-finding hearings around the state to create an adequate funding stream and oversight body for indigent defenders.
In South Carolina, Sen. Malloy—an African-American Democrat—was asked to chair the criminal justice task force charged with studying the state’s sentencing laws and policies.
By gathering support from a wide swath of potential supporters, including state judges, supporters of reform were able to rally enough votes to pass the legislation. The new law eliminates or reduces incarceration for many offenses while strengthening the requirement for incarceration for truly serious offenses.
Sen. Malloy also was very candid with the group about the realpolitik nature of the legislative process, in that legislators need to sacrifice/trade on some issues in order to gain on others. This sparked a lively discussion between panelists and attendees about the intersection of ideology and pragmatism, and why we may choose one over the other in certain circumstances.
The Power of Community
On the second day of the conference, COD members from Texas led a discussion on the power that the community has in both creating and preserving public defender offices.
Alex Bunin, the new Chief Public Defender for Harris County in Houston, Texas, and Reverend William A. Lawson of the William A. Lawson Fund for Peace and Prosperity discussed how long-term advocacy campaigns conducted by community organizations including the Fund led to the creation of a public defender office in Harris County. Harris County is the most populous county in Texas and the third most populous county in the United States, yet it did not have a public defender office. Reverend Lawson emphasized the power and moral responsibility of all religious groups, of any denomination, to stand up for indigent clients, many of whom the community itself has often rejected. With Lawson’s advocacy during legislative meetings, Bunin was able to open a public defender office in Harris County in 2010, and with their continued partnership, they hope to continue to expand the services offered by the office.
Kameron Johnson, the Chief Juvenile Public Defender for Travis County in Austin, Texas, discussed how community engagement contributes to the success of his office. The Travis County office is the oldest juvenile defender office in the United States. Johnson attributed the lasting power of his office to engaging with the community, and focused his discussion on how he has developed local resources to help deliver high quality services, even without a large budget. Johnson’s office partnered with the University of Texas to create legal internships, worked with mental health advocacy groups, social work schools to provide social services and is partnering with a journalism school to develop an investigator program.
Planning for Tomorrow: The Next Generation of Community-Oriented Defenders
Panelists Japheth Baker, Andrea Kendall, and Roy Ibarra shared their experiences as community-oriented defenders while also providing valuable advice on how to recruit young attorneys interested in holistic practice. The panelists explained the influence that law school clinics and externships had on drawing them toward a career in public defense and encouraged employers to use these resources for potential candidates. Each panelist presented a well-rounded perspective of holistic practice while describing both the rewards and frustrations of being a public defender.
Member Update: North Carolina Collateral Life Consequences Database
Several Network Members provided brief updates about their work. One of the updates that generated the most commentary was given by Daryl Atkinson and Thomas Malloy of the North Carolina Indigent Defense Services. North Carolina IDS has created an exceptionally comprehensive and user-friendly database outlining the life consequences that flow from criminal convictions in North Carolina. There was an audible reaction from the audience as they scrolled down page after page, after page, of statutes that set out some form of penalty or restriction based on a criminal conviction.
The use of the strikethrough on the term “collateral” stems from a discussion we had at the conference regarding the use of the term “collateral consequences.” There was general agreement that the term tends to diminish the importance and impact of the statutory exclusions and restrictions flowing from conviction, some of which dwarf the actual case itself (for example, a marijuana conviction causing a teenager to be permanently excluded from living with family members in public housing, or a low-level felony conviction, for which no prison or jail term was imposed, could exclude a person from voting for the rest of their lives, depending on their state laws.) This distinction will make a difference, as there are cases pending, and likely more to be brought, where courts’ characterization of the right or benefit at issue will be outcome-determinative.
GOING FORWARD: JOIN THE COMMUNITY-ORIENTED DEFENDER NETWORK
Membership in the Community-Oriented Defender Network provides you access to a broad-based, active community of people who share a common commitment to improving indigent defense services, and who support each other as they seek to strengthen their practices. The Network will also serve you with timely information regarding issues related to holistic practice, such as practice tips, discussion and analysis of important research on criminal justice system issues, and useful templates to use in motion practice or other advocacy.
Membership is free, and the Network does not engage in mass advocacy campaigns, so you or your office will not be associated with any position simply due to membership in the Community-Oriented Defender Network.
Watch Conference Highlights
Opening remarks by Brennan Center Executive Director Michael Waldman
Opening remarks by COD Network Director and Brennan Center Counsel Thomas Giovanni
Keynote address by Jeff Adachi, Public Defender of the City and County of San Francisco
View Conference Photos
