The title of this post is the the headline of this notable new Hill commentary authored by Pamela Metzger. Here are excerpts:
Sen. Kamala Harris (D-Calif.) recently introduced the Equal Defense Act, which would boost resources for public defenders across the country. It offers a $250 million grant program on top of case limits for public defenders.
A longtime prosecutor, Harris understands that a fully functional and adequately funded public defender’s office is essential to the pursuit of justice and for ensuring safer communities and families. The promise of Gideon v. Wainwright, the 1963 Supreme Court decision guaranteeing everyone a right to counsel, is meaningless without an adequately staffed office of dedicated attorneys to keep that promise.
Right now, New Orleans faces a public defense crisis.... The Orleans Public Defenders Office (OPD) handles 85 percent of criminal cases and is responsible for thousands of municipal and traffic court cases each year. Yet OPD receives just one-fifth of the local appropriation provided to the district attorney. This year, the OPD anticipates a $1.1 million deficit. The chief public defender already is cutting back on hiring outside counsel. Firings and salary reductions could be next.
In 2012, the OPD laid off attorneys because of a budget shortfall. In 2015 and 2016, budget shortfalls led public defenders to withdraw from cases — including that of a defendant charged with murder who has been waiting in jail for five years to go to trial and has had six different defense lawyers. His case is still pending. This is what happens when state and local governments do not adequately fund criminal defense....
Elsewhere, public defense is also funded by criminal and civil fines and fees with no coverage for overhead expenses and a financial disincentive to put in extra time or hire experts.... Sen. Harris is correct that public defenders need equal funding to ensure justice is complete. In an adversarial system, we cannot expect justice when one side has both hands tied. We know that public defenders work. It’s an easy investment to make.
Equal justice depends on adequate, equitable resources for public defenders. The representation of individuals charged with a crime is a serious matter that concerns everyone — communities, families, courts, prosecutors, judges and law enforcement.
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