End of one career: I am no longer a PD

It's just the beginning really.

These last seven years, I've been a Public Defender. Since 2005:

I started just in time to see a freshly arrested Brian Nichols walk past me in the jail.
Spent time in two different PD systems.
Had misdemeanor and felony jury trials, won some of each, lost some of each.
Got people time-served. Got people life in prison.
Represented some innocent people, some misguided people, some not so innocent people.

I was so enthusiastic about this blog when I started. I love that I will have the posts here to remind me of how I started practicing law and finding my way around a courthouse. I will miss my co-workers, really my work family. I will miss the camaraderie of all of us "fighting from the bottom" together. Instead of being together against the world, I will be alone against the world... more like my clients now. I will miss my appreciative clients who had nothing, knew no better, and had nobody to help but me. I will not miss my case-load of 300 clients. I will not miss announcing ready on 70 cases on one trial calendar. I will not miss judges who call on the PD to appear at their beck-and-call with no consideration for anything but their own whims and schedules. Though I have no illusions that I will be treated any better by the bench.

I have 30 days left to finish up my work as a PD. Two trial calendars. 224 current clients. Two trial partners to support for my remaining time. Two more paychecks before I have an income of $0.00.

Special thanks to my beautiful wife for all the spreadsheets helping me transition into the world of private practice. Her support has been the only thing that got me through sometimes. My favorite story of her support is her literally supporting me after my 30th birthday party. I stood in the bathtub, bleeding from ridiculous cuts and scrapes, she was wiping me off and cleaning me up, scrubbing the grit from my skin. I was teeter-tottering on unsteady legs. She stood by my side, held me up and kept me from falling. I was in tears. I told her simply, "I appreciate you. I have you, but my clients... they have nothing. Nobody to support them. They have nothing, but I have you." Then, I collapsed into bed, pathetic and 30 years and one day old.

I guess they had me, not really nothing. Now, they don't have me, but someone younger will take my place. Someone with fresh-out-of-law-school energy, a desire to stick it to the man, a constitutional passion, a fresh perspective. I have not lost these things, but I don't wear them on my sleeve. I have tempered and focused them, I hope for the better. Time will tell I suppose.

"Not to take anything away from you..."

When you insult someone's character, integrity and intelligence, I feel you should own up to the insult. Don't follow up with "not to take anything away from you," because that's exactly what you meant to do. Rather, follow up with, "not that it's your fault you lazy piece of shit."

Latest Trial - Not Guilty

I only have time for a short post, but I just got a jury verdict: Not guilty on all counts: Possession of Cocaine with intent to distribute; Possession of Ex. with intent to distribute.

Yay, I need a nap!

Have a happy holiday... preparing for trial

We just got notice that we will be on trial the week of Jan. 3rd. So, enjoy New Years... at the office. Have a fun Christmas... at the office. The office gives us an extra paid week off around the holidays, but now it looks like I won't be using that. I can't even bank it for later.

Awesome!!!!

A rough day

Today started out as a typical run-of-the-mill day. I got to a quiet office before most of the other attorneys. I finished up some paperwork leftover from Friday. I got ready for my 9:30 appointment who never showed up and didn't call. Pretty much standard for any day as a PD. Then, something unusual: my 9:30 called around 11:00 and said she would like to reschedule. I should have gone home in shock. Instead, I agreed to reschedule for 2:00. On the call she demanded discovery. That should have been my first clue....

At 2:15 my 9:20/2:00 showed up for her appointment(s). For some reason she brought a friend and also her 19 month old daughter. I've spoken to this client before on the phone and she is constantly yelling at her baby. I specifically scheduled this appointment rather than talking to her on the phone because she can't go more than 90 seconds without screaming into the phone at her baby. It's a constant barrage of "SIT DOWN!!!," "GET OFF THAT!!!" and "I'M ABOUT TO SMACK YOU!!" I scheduled this appointment with the words, "is there a time we can meet without anyone else to interrupt us?" Turns out the answer is no.

So, back to 2:15: client, baby and friend walk in and baby is screaming. I could hear it from the lobby, and had already made the connection that this was awaiting me. Sadly, there was nothing I could do. All three of them sat down in my office and it was several minutes before I could say word one. All I could do was sit and wait for baby to calm down and accept her mother's tootsie roll as solace... which it wasn't. My co-worker came in and offered some crackers which would have been a big help, except that my client almost immediately smacked the baby for not accepting the crackers fast enough... or maybe because of baby's attitude... or maybe just to smack her, I don't know, nor can I begin to know why... So, I politely asked baby and client's friend to wait in the lobby. Client's friend declined and said, "this isn't even my baby." Fair enough, not your baby, who cares. Co-worker to the rescue again: "I have some play puppies she can play with while you're in your meeting." Good, time to talk to the client. If only it were so simple....

Client's biggest issue with her stabbing case: the police report lists the wrong color car. That's going to blow the case wide open. Great. This is going to go so well!! 2nd biggest issue: She already gave her statement to another public defender, so she isn't about to tell it again. I tried everything to get her to tell me, "what happened that night?" Nothing doing. No answers. If I was going to represent her, I would have to magically figure out what happened, what her perspective was, and who was lying. No problem. Not at all interested in contributing to her own defense. I even told her, "it's not me who will go to prison, it's you. So if you want to defend this case with no preparation, that's fine with me." This did not phase her at all.

I was able to explain a jury trial, but that's about it. She really wanted to file a motion to suppress, but I don't know what she wanted to suppress. In the end, I had to force her to leave the office. Not in a nice way, but in a way that prompted her to ask for my supervisor. The only redeeming part of the day was a supervisor talking to her and not only backing me up, but chastising her for her behavior in our office. She was told by multiple people that she had to leave... several times.

New assignment

Fresh off the heels of my last trial victory, I've moved courtrooms. Every once and a while they have us rotate through different judges and I was selected this time. I'd been in one place for a year and a half, so the move was not unexpected. It's always a little work to get situated in a new place, so I'm expecting things to be hectic for a little while and then to settle into a groove.

I had a good experience in the courtroom that I'm leaving. The judge was more than fair and let us try cases however we wanted. For those reasons, I'll miss it. Though, I don't know much about my new assignment. I hear it is not too different, though a bit more predictable.

Whatever happens, I'll still be fighting on the same side....

Winning feels good

Despite the lack of decent clothing (see previous) I got a not-guilty on my last trial. It was short, but tiring, and it felt good. Facing a life sentence, but he walked out of jail a free man. He's heading to technical school to be a mechanic and said he's done hanging with the wrong crowd. I hope that's true because they really set him up for some serious stuff....

There has to be a better way.

I just spent too long picking out clothing for two clients who are going to be in court for trial tomorrow. Some things that annoyed me (even more than the last time I picked out clothing):

One of our clothing racks had collapsed, leaving heaps of suits, belts, ties and jackets all over the floor.

None of the suits are marked with sizes, so you have to try it on yourself, or guess at the size.

We only have a few pairs of shoes, and most of them are all the same size.

Everything is outdated and out of style.

These guys may be in jail, but they should at least have their basic dignity in court....

Death

I had a client die in the local jail. I only found out because the Medical Examiner called me to see if I knew of any next of kin. I didn't really know this client, except that it was a mental health case, suicide watch....

Wasted client

I have a client who is trashed out of his mind and he keeps calling me up this afternoon. He keeps trying to tell me how I just told him to call back.... no, I didn't tell you that sir. He also denies drinking when I ask about it. Dude, stop calling me!!

Death

I just learned that a prosecutor's young son was killed last night. I was heartbroken to hear this and I am very saddened by the news.

We spend a lot of time bitching at each other, fighting each other, fighting over cases, complaining about each other... but this is terrible news that nobody deserves to get.

It has been a sad, sad morning.

No trials yet

My aggravated stalking trial took a plea. My three cases called in for today's calendar all went away... though only temporarily. (One of them has a great suppression issue where the cop is in jail for violating of oath of officer). Hurry up and wait all over again.

Called in on Aggravated Stalking

My latest trial case has just been called on to start trial tomorrow. Aggravated Stalking, Simple Battery, and Terroristic Threats.

It should be an interesting case, only a few witnesses though.

Your office is on fire... now what?

You're suggesting my office cut 13 positions. You have a guy with a PhD running the safety department and he sends e-mails like this?

"Reminder!
The very popular class, “Your Office is on Fire…now what?!” is being held on Tuesday, January 12th from 8:30-9:30. Don’t miss this wonderful and eye-opening class."

How much can we save if we eliminate that office and the entire staff?

I think I'm close to tears

Today I had a helluva Calendar to work through. It is now 8PM and I am just getting back to my office. We worked out a lot of cases and some folks went home for the holidays. The other PD assigned to my courtroom got out "early" at 6:00 tonight. I got the late shift and am just finishing out my 12 hour day. I returned to my office for some news that has my stomach in a real knot. I'm not sure if I'm physically sick from my long day, or if this just scared the crap out of me. I opened my computer to the following email....

From my boss, the county public defender:

"We just received the recommended budget for our department and it is not good news. There is no easy way for me to say this, but the recommendation is that 13 positions be eliminated from our office. Please know that I will do everything possible to keep these positions. The budget is now up to the Commissioners and they have until March 1st to approve the budget. I have a plan of action, including meeting with each commissioner to impress upon them that we are constitutionally mandated to provide representation and that a crisis in the courts will result if positions are eliminated from the Public Defender’s Office. I have already received support from other departments that they will publicly support us keeping these positions. Unfortunately, we are not the only department to suffer these losses. The majority of departments are losing positions, such as the solicitor’s office who will apparently lose 16 positions.

I know this is terrible news to hear, but I believe it is important that everyone knows what we are facing in 2010. Also, nothing is final yet. Public Defenders know how to fight, so that’s what we will do! I will keep everyone updated ..."

Our office has less than 50 attorneys.

Three trials, three weeks

I am currently waiting on a jury in a 2 count burglary case. This marks the end of the third case I've tried in the three weeks of this trial calendar. First was that Armed Robbery I mentioned, then an Aggravated Assault (self-defense claim), finally this Burglary is the only one left to come in.

Jury selection had some humerour moments. One older juror was asleep during general questioning. I actually called him out on it too. "Juror number nine? ... Juror number nine? You need to try to stay awake sir, these are some important questions." The Judge told us later that he had never seen an attorney call out a juror for sleeping. We all had a good laugh.

Public Defenders with the C word

Tonight I found out that one of my closest friends at the office has cancer. Serious cancer. I hope that I am supportive enough, and helpful enough, and can do enough to .... I don't know what, I just hope I can help.

Batting .500

In a whirlwind of activity over the last two weeks I managed to have my first and second trials in Superior Court. First up was an armed robbery with pretty clear surveilance video. My client was arrested a week after this robbery, but there was hardly any evidence against him. I got an acquittal on the only charge!! Next was an aggravated assault with a self-defense claim. The jury didn't buy the self-defense argument, so she got convicted. I think they didn't like seeing the cut with the razor on the girl's back. Sentencing is tomorrow...

UPDATE: She got 15 years to serve 10 years. For a single cut with a razor blade. It didn't help that she ran down the stairs to fight this girl... she was 50 at the time and the victim was 17... and her children and grandchild were present to see her do it.... overall kinda ugly.

It's give your client your belt day!

My coworker was just ordered to give his belt to his client. The judge said, "I don't think your pants will fall down, but his are falling off."

In a cruel twist, his client was thrown out of the courtroom and, subsequently, the courthouse and the belt ended up in the trash can.

Ah, courthouse drama of the pettiest kind!!

I was having a good day when....

Today started of pretty well. A private attorney came to court and relieved me of a case that is on the current trial calendar. Several cases were called in for trial that were not mine, freeing up my weekend. Then a series of events put me in a bad mood.

First, my friend here at the office found out that her very recently ex-fiance got married to a dude. Well, not a dude, a woman who was very recently a dude.

Then I found out that my client who had been out on bond was just arrested for this:
http://www.ajc.com/news/dekalb/autopsy-due-friday-on-140351.html

Then a doctor that I have been trying to subpoena in a very serious case has diappeared and I haven't been able to track him down.

TGIF