Paris Hilton welcomes second child

Hotel heiress and DJ Paris Hilton just welcomed the newest member of her family.

Hilton announced the arrival of her daughter, London, on social media Thursday night. “Thankful for my baby girl,” she posted on Instagram alongside a photo of an all-pink outfit that read “London,” with a stuffed animal and matching heart-shaped sunglasses.

It’s her second child with husband Carter Reum. In January, the pair announced the birth of their son, Phoenix, who was born via surrogate.

During an episode of her podcast, “I Am Paris,” earlier this year, Hilton read an excerpt from her memoir that said, “Phoenix has a few good pop culture reference points, but more important, it’s the bird that flames out and rises from the ashes to fly again.”

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She also noted in the episode that she found inspiration in “cities, countries and states,” keeping in theme with her own first name.

On TikTok Thursday, she shared a video of Phoenix at the Thanksgiving table that said, “Happy Thanksgiving! I’m a big brother!” In another post, she asked him: “Are you the big brother now? Are you going to watch after your sister?”

Celebrities — including Dakota Fanning, Kris Jenner and Olivia Culpo — wrote comments congratulating the couple on their daughter’s birth.

“Congratulations!!!” Jenner said. “We can’t WAIT to meet baby London!!!!! We love you!!!!”

Hilton and Reum, a venture capitalist, wed in November 2021.

Tiffany Haddish arrested on suspicion of DUI

BEVERLY HILLS, Calif. — Tiffany Haddish was arrested Friday on suspicion of driving under the influence, police said.

The actor and comedian was detained after Beverly Hills police received a call about 5:45 a.m. Police said she appeared to be found slumped over the wheel of the vehicle while the car engine was still running.

Haddish, an Emmy and Grammy winner, performed at the Laugh Factory in Los Angeles on Thursday night. It was the comedy club’s 43rd annual free Thanksgiving feast for the community.

A representative for Haddish did not immediately respond to an emailed request for comment.

Last year, Haddish was arrested on suspicion of DUI in suburban Atlanta.

Haddish has starred in the films including the comedy “Girls Trip,” “Night School,” “Like a Boss” and “The Kitchen.” She wrote the New York Times best seller “The Last Black Unicorn,” which earned a Grammy nomination.

In 2018, Haddish won an Emmy for her appearance on “Saturday Night Live” and a Grammy in 2021 for her special “Black Mitzvah.”

Jamie Foxx denies sexual assault allegations

Actor Jamie Foxx denied allegations Thursday, a day after he was sued over a purported 2015 sexual assault.

A lawsuit against the Oscar winner was filed Wednesday in New York Supreme Court claiming Foxx assaulted the victim at upscale restaurant and lounge Catch NYC & Roof in Manhattan’s Meatpacking District.

A statement released on behalf of the 55-year-old said the incident “never happened.”

“The alleged incident never happened. In 2020, this individual filed a nearly identical lawsuit in Brooklyn. That case was dismissed shortly thereafter,” a spokesperson for Foxx said Thursday. “The claims are no more viable today than they were then. We are confident they will be dismissed again. And once they are, Mr. Foxx intends to pursue a claim for malicious prosecution against this person and her attorneys for re-filing this frivolous action.”

The suit claims that shortly after meeting and asking for a photograph, Foxx dragged the victim by the arm to a secluded area of the rooftop lounge and “placed both of his hands on Plaintiff’s waist, moved them under Plaintiff’s ‘crop top’ and began rubbing her breasts.”

“Foxx proceeded to slide his hands into Plaintiff’s pants and put his fingers on and in Plaintiff’s vagina and anus,” the lawsuit alleges.

The victim is identified in court documents only as Jane Doe.

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The post ENTERTAINMENT BRIEFS appeared first on Attorney Legal Counsel.

Editor’s note: This story is part of ‘Broken Defense,’ an investigative series from Lee Enterprises. More details about this project can be found at the bottom of this article. 

Quentin Navarro sits in a Wharton County Texas courtroom in early November, tapping his foot and bouncing his knee intermittently.

The hum of conversation fills the room as court staff call about 40 people accused of misdemeanors appearing in court for the first time. Navarro waits more than two hours to talk to the prosecutor alone without an attorney.

“I’m anxious,” he says. “You’re walking in there to talk to the district attorney blind.”

People in Texas, North Dakota, Arizona and likely Oklahoma routinely get no public defender in misdemeanor cases, especially at initial appearances, a Lee Enterprises investigation found. Some people plead guilty at their first hearing to get out of jail. Others who might have fought a misdemeanor charge plead guilty to end the ordeal. These practices threaten the Sixth Amendment right to counsel.

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Quentin Navarro waived his right to an attorney and nervously talked alone with the prosecutor on his first day in court Nov. 9 in Wharton County, Texas. “You’re walking in there to talk to the district attorney blind,” he says. 

EMILY HAMER, LEE ENTERPRISES’ PUBLIC SERVICE JOURNALISM TEAM

Defendants have a constitutional right to an effective attorney whenever they could face jail time, starting at their first court hearing. Though people who are found guilty of misdemeanors often get sentenced to community service, probation or fines, jail is still a possibility in most misdemeanor cases.

Yet more than 136,000 misdemeanor cases have been closed without attorneys each year since 2019 across the West, according to data from Colorado, North Dakota, South Dakota, Utah and Texas. Most other western states could not report how many misdemeanor defendants go unrepresented due to data collection challenges.

“America’s dirty little secret is that thousands of people go to jail without ever talking to a lawyer,” said Jon Mosher, Sixth Amendment Center deputy director.

Defendants in up to nearly 60,000 of North Dakota’s misdemeanor cases had no appointed attorney from 2019 to 2021, according to the State of North Dakota Courts. Court records showed 12% of all misdemeanors those years had no attorney and 42% were marked “unknown.”

Mosher

SIXTH AMENDMENT CENTER

North Dakota Supreme Court analyst Jeff Stillwell said “it’s a fairly safe assumption” that most “unknowns” did not have counsel, but the clerk didn’t mark them.

An estimated 276,000 Texas county misdemeanor cases from 2019 to 2021 showed no attorney, according to Texas Office of Court Administration data.

Joel Lieurance, Texas Indigent Defense Commission senior policy analyst, said data can contain some errors because local clerks might not record consistently, though record-keeping has improved as state court staff have trained the clerks. Individual county data can be unreliable, he said, but statewide it is a good estimate of how many people go unrepresented.

Nearly 50,000 Colorado cases listed no attorney in the last nearly four years, according to Colorado Judicial Branch data.

Almost 14,000 cases in South Dakota where defendants faced up to one year in prison from 2019 to mid-2022 had no attorney listed, according to the South Dakota Unified Judicial System.

More than 33,000 Utah cases from 2019 to 2022 had no attorney, according to Utah State Courts data. Defendants who had a lawyer at any point, including those who ultimately represented themselves, were excluded.

Hundreds in Oregon wait for attorneys daily, but most in state court get lawyers eventually. Attorneys were appointed in 99% of state court misdemeanor cases that were resolved in 2020 and 2021, according to the Oregon Judicial Department. Missing from the data are local justice and city court cases, meaning more people likely had no representation. Only North Dakota, South Dakota and Texas collect that city-level data.

Arizona, California, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, Oklahoma, Washington and Wyoming courts could not provide data on how many misdemeanor defendants were unrepresented. Most court staff said the data analysis requires too much time or the tracking systems can’t report it, while California and Arizona don’t track at all.

“Without that information, the state largely cannot ensure that every person who is owed a right to counsel — because they face potential loss of liberty in a criminal case — actually gets that lawyer or has waived it effectively,” Mosher said. “That’s a problem that you’re not able to get that information.”

The Fourteenth Amendment obliges states to ensure the Sixth Amendment right to effective counsel. Lacking data suggests states fail constitutional responsibilities because they don’t know who is unrepresented — an “absence of government oversight over a core constitutional right,” Mosher said.

“Our governments don’t know what’s happening in our criminal courts if they can’t tell us who has lawyers and who doesn’t,” Mosher said.

‘Not guilty’

Navarro pleaded innocent that day in Texas when he went into a room and talked to a Wharton County prosecutor. His case was delayed.

More than a dozen others waived their constitutional right to a public defender and pleaded guilty to misdemeanors after talking to Assistant District attorney Mark Racer. Four of them came to court from jail, and their guilty pleas secured their release.

Anyone can waive the right to an attorney and choose to represent themselves, but that waiver must be made intelligently and voluntarily. Defendants who plead guilty because they want to leave jail might not be waiving their rights voluntarily, Mosher said.

“Placing poor defendants in a position where they must weigh their liberty interest against exercising their constitutional right to counsel is a form of coercion that leaves them with no meaningful choice at all,” Mosher said.

Quentin Navarro and his girlfriend Melissa say navigating the criminal justice system with little money it is a challenge. Melissa, who only gave her first name, has outstanding court fees she can’t pay. Navarro said one reason he waived his right to a public defender is because he thinks negotiations alone with the prosecutor is quicker and less expensive. Defendants with a public defender pay attorney fees, but it’s less expensive than a private attorney and payment is due later.

EMILY HAMER, LEE ENTERPRISES

A 27-year-old man in an orange jumpsuit printed with “Wharton County Jail” in big black letters across the shoulders approached Wharton County Judge Phillip Spenrath.

He was in jail nine days for allegedly possessing less than two ounces of marijuana. The man has dealt with homelessness for five years, according to jail records. Lee Enterprises is not identifying him because attention to a minor criminal charge could prevent his potential employment.

The man was told he could delay his case to either apply for a public defender or hire a private attorney. Like Navarro, he waived his right to an attorney and talked with prosecutor Racer alone about a potential plea deal.

“Are you pleading guilty or not guilty to the charge of possession of marijuana?” Judge Spenrath asked the 27-year-old.

“Not guilty,” the man replied.

“Okay, then we’re not going to be able to do this,” Spenrath said.

The man then said he’ll plead guilty instead, since he’s “here” in court, in person. Spenrath paused and called up Racer.

“This young man may be a little confused,” he told the prosecutor.

Racer reminded the inmate of their deal: “Guilty, but you get out of jail.”

Quentin Navarro holds a slip telling him to come back to court in January outside the Wharton County Courthouse Annex in Wharton, Texas, Nov. 9, 2022. He waited more than two hours for his first court hearing. About 40 other people accused of misdemeanors appeared in court and had their cases delayed or resolved with quick plea deals.

EMILY HAMER, LEE ENTERPRISES PUBLIC SERVICE JOURNALISM TEAM

Spenrath confirmed whether the defendant wanted to continue, then resumed.

This time, the man pleaded guilty.

“You owe no money and no jail time, and you get out today,” Spenrath said.

He wasn’t told about another way to get out of jail that doesn’t require cash.

Racer didn’t offer the 27-year-old a personal recognizance bond, a signed promise to return to court.

The man was being held in jail on a $2,500 surety bond, so he likely would have had to pay a bail bondsman $250 to get out. A public defender could have argued for a lower bail or a recognizance bond.

Navarro watched the 27-year-old, shackled at his wrists and ankles, switch his plea.

“The fact that they dangled jail in front of him,” he said. “He just wants to go home. Poor kid. The majority of people just plead guilty to get out of here.”

Navarro said the criminal justice system is “systematically against minorities.” About two-thirds of defendants in court had Black or brown skin.

Melissa, who asked to be identified by her first name only to avoid attention to her cases, pleaded guilty to an assault charge without an attorney’s guidance last summer in Texas. She says she could have fought for a lesser charge, but she “just wanted it to be over and done with.” Here, she waits on Nov. 9, 2022 outside the Wharton County Courthouse Annex for her boyfriend, Quentin Navarro, to finish his court hearing on a separate case.

EMILY HAMER, LEE ENTERPRISES

No process

Similar quick pleas were heard in North Dakota. A man and a woman pleaded guilty in Burleigh County court to driving with suspended licenses. They didn’t have defense attorneys and were sentenced in October to 10 days of electronic monitoring.

Two jailed men appeared in Grand Forks County court with no public defenders. If the men plead guilty, they can leave jail that day.

“I don’t know what’s going to happen tonight if I don’t show up (for work) and login,” one of the men said.

Burleigh County District Court Judge James Hill in a 2015 file photo orders a defendant to remain in jail until a bond hearing or sentencing. In October 2022, Hill accepted quick guilty pleas from a man and a woman appearing in court for the first time with no attorneys. Hill’s office did not respond to a request for comment.

WILL KINCAID, BISMARCK TRIBUNE

They pleaded guilty to misdemeanors and were sentenced to community service.

Like in Texas, the judge and prosecutor did not mention a personal recognizance bond.

“A good chunk of people end up pleading guilty having never talked to a lawyer,” North Dakota defense attorney Mark Friese said.

Jessica Ahrendt, a Grand Forks County Public Defender Office attorney, said the county does not have a process in place for people to get attorneys at or before their first appearance — despite a constitutional right to counsel at that hearing.

Ahrendt says the current over-capacity staff would be unable to represent everyone at initial appearances, whether a process existed.

No one should walk into court and give up rights without the advice of counsel, said Timothy Laughlin, executive director of Oklahoma Indigent Defense System. But it happens in Oklahoma, too.

“I know it’s happening,” Laughlin said. “There’s no way we’re getting appointed to all the misdemeanor defendants who can’t afford counsel.”

The Burleigh County Courthouse in Bismarck is pictured in 2019. 

MIKE MCCLEARY, BISMARCK TRIBUNE

‘That’s unconstitutional’

It’s common in short-staffed Arizona for people accused of misdemeanors to go without attorneys.

Keenan

ACLU OF ARIZONA

Two of the state’s 15 counties have a public defender present for misdemeanor initial appearances, said Jared Keenan, Arizona’s ACLU legal director. Many don’t get attorneys throughout their cases.

In most counties, a public defender isn’t appointed to a person arrested for a misdemeanor unless the county attorney’s office intends to pursue jail time. Constitutionally, those people still have a right to an attorney because “every misdemeanor has the potential of jail time in Arizona,” Keenan said.

Tiera Rainey, executive director of the Tucson Second Chance Community Bail Fund, said her group often sees people take plea deals on crimes they did not commit just to get out of jail.

A person booked for a misdemeanor often can’t afford bail, so they serve jail time whether or not the county attorney’s office intends to pursue that sentence, Keenan said.

“If they’re in jail because they can’t afford to pay bond but (the judge) doesn’t sentence them, they still have technically been sentenced to jail without an attorney,” Keenan said. “That’s unconstitutional.”

attorney Stephen Hanlon: “The vast majority of these cases are not being properly investigated”

‘Get it over with’

Those who avoid jail might end up there later if they don’t complete probation or community service and get re-arrested. Then, they can’t challenge the original charge to which they pleaded guilty.

Justin, 30, pleaded guilty to a San Jacinto County Texas misdemeanor assault charge Nov. 1, though he said it was “bogus” because he was defending himself. Justin asked to be identified by his first name only so his employment isn’t affected.

Justin represented himself and was happy with how the judge and prosecutor treated him.

“I didn’t know they were going to be as lenient as they were,” he said. “I’m getting the chance to get it done faster and also the chance to get it off my record.”

But he could get arrested again if he makes a mistake while following the judge’s orders. He could lose his chance to wipe the charge from his record and can no longer fight his assault charge.

One man back in Wharton County, who did not give his name, said he took a plea deal on a marijuana possession charge “just to get it over and done with, and be free.”

Without talking with a public defender, Ahrendt said people may not know they can ask for deferred prosecution, community service, a payment plan for fees and arrangements to accommodate jobs. They might never discover a defense that could get their case dismissed.

“Some people just don’t know what they’re doing, and then it’s too late to undo it,” Ahrendt said.

Though, Ahrendt said, some people “need that quick out.” Resolving their case in a few days might be needed to keep a job or housing.

Often people do not understand collateral consequences of pleading guilty, Friese said. Even a misdemeanor criminal conviction can prevent travel to Canada and impact employment, housing, military enlistment, law enforcement jobs and professional licenses. Many defendants don’t know they lose gun rights for a misdemeanor domestic violence conviction.

“The truth is that the bad effects of a plea of guilty and a criminal conviction aren’t born out at the time that they’re ordered to do community service or even a few days in jail,” Friese said. “It’s lifelong implications of having a criminal record.”

Quentin Navarro waited more than two hours in a Texas court Nov. 9, 2022 to talk to the Wharton County District attorney about a potential plea deal with no public defender to help negotiate. Navarro is among people accused in more than 100,000 misdemeanors each year across the West who navigate the criminal justice system without attorneys.

EMIILY HAMER, LEE ENTERPRISES’ PUBLIC SERVICE JOURNALISM TEAM

‘Can’t afford it’

Navarro hopes the court dismisses his case, which was ongoing as of early January.

Navarro was charged with misdemeanor domestic assault when an incident with his girlfriend and her 16-year-old son resulted in broken apartment windows and Navarro called the police, he said. All three were charged. Navarro said he’s innocent and thinks the prosecutor has no case against him.

He said he “absolutely” would have wanted to discuss his case with a public defender before or during his 15-minute chat with the prosecutor.

Judge Spenrath said “we can’t afford” a public defender at initial appearances. He said he makes sure people understand the charge to which they plead.

“I don’t want anyone pleading guilty to something they don’t want,” Spenrath said.

Wharton County has no full-time public defenders, Spenrath said. Judges assign private attorneys to people who cannot afford one. The county pays most of that cost, and defendants pay a portion later.

Navarro said he can’t afford a private attorney on his truck driver wages and thinks hiring a public defender wastes time and money.

“We’re poor people,” he said.

About Broken Defense: Across the West, public defense systems face crushing caseloads, historic underfunding, structural problems and severe staffing shortages, imperiling criminal defendants’ lives and in many cases denying them their constitutional right to counsel. Defendants have lost jobs and homes, been pressured to plead guilty and been denied the benefit of exonerating evidence. People accused in more than 100,000 misdemeanors each year go to jail without ever talking to a lawyer.

Lee Enterprises’ West region Public Service Journalism team and local reporters attended more than a dozen court hearings and interviewed more than 25 defendants, 40 attorneys and 25 experts to reveal public defense in many western states is broken.

Lee Enterprises Public Service Journalism Reporter Emily Hamer may be reached at emily.hamer@lee.net.

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The post Thousands of misdemeanor defendants don’t get attorneys appeared first on Attorney Legal Counsel.

Editor’s note: This story is part of ‘Broken Defense,’ an investigative series from Lee Enterprises. More details about this project can be found at the bottom of this article. 

Quentin Navarro sits in a Wharton County Texas courtroom in early November, tapping his foot and bouncing his knee intermittently.

The hum of conversation fills the room as court staff call about 40 people accused of misdemeanors appearing in court for the first time. Navarro waits more than two hours to talk to the prosecutor alone without an attorney.

“I’m anxious,” he says. “You’re walking in there to talk to the district attorney blind.”

People in Texas, North Dakota, Arizona and likely Oklahoma routinely get no public defender in misdemeanor cases, especially at initial appearances, a Lee Enterprises investigation found. Some people plead guilty at their first hearing to get out of jail. Others who might have fought a misdemeanor charge plead guilty to end the ordeal. These practices threaten the Sixth Amendment right to counsel.

People are also reading…

Quentin Navarro waived his right to an attorney and nervously talked alone with the prosecutor on his first day in court Nov. 9 in Wharton County, Texas. “You’re walking in there to talk to the district attorney blind,” he says. 

EMILY HAMER, LEE ENTERPRISES’ PUBLIC SERVICE JOURNALISM TEAM

Defendants have a constitutional right to an effective attorney whenever they could face jail time, starting at their first court hearing. Though people who are found guilty of misdemeanors often get sentenced to community service, probation or fines, jail is still a possibility in most misdemeanor cases.

Yet more than 136,000 misdemeanor cases have been closed without attorneys each year since 2019 across the West, according to data from Colorado, North Dakota, South Dakota, Utah and Texas. Most other western states could not report how many misdemeanor defendants go unrepresented due to data collection challenges.

“America’s dirty little secret is that thousands of people go to jail without ever talking to a lawyer,” said Jon Mosher, Sixth Amendment Center deputy director.

Defendants in up to nearly 60,000 of North Dakota’s misdemeanor cases had no appointed attorney from 2019 to 2021, according to the State of North Dakota Courts. Court records showed 12% of all misdemeanors those years had no attorney and 42% were marked “unknown.”

Mosher

SIXTH AMENDMENT CENTER

North Dakota Supreme Court analyst Jeff Stillwell said “it’s a fairly safe assumption” that most “unknowns” did not have counsel, but the clerk didn’t mark them.

An estimated 276,000 Texas county misdemeanor cases from 2019 to 2021 showed no attorney, according to Texas Office of Court Administration data.

Joel Lieurance, Texas Indigent Defense Commission senior policy analyst, said data can contain some errors because local clerks might not record consistently, though record-keeping has improved as state court staff have trained the clerks. Individual county data can be unreliable, he said, but statewide it is a good estimate of how many people go unrepresented.

Nearly 50,000 Colorado cases listed no attorney in the last nearly four years, according to Colorado Judicial Branch data.

Almost 14,000 cases in South Dakota where defendants faced up to one year in prison from 2019 to mid-2022 had no attorney listed, according to the South Dakota Unified Judicial System.

More than 33,000 Utah cases from 2019 to 2022 had no attorney, according to Utah State Courts data. Defendants who had a lawyer at any point, including those who ultimately represented themselves, were excluded.

Hundreds in Oregon wait for attorneys daily, but most in state court get lawyers eventually. Attorneys were appointed in 99% of state court misdemeanor cases that were resolved in 2020 and 2021, according to the Oregon Judicial Department. Missing from the data are local justice and city court cases, meaning more people likely had no representation. Only North Dakota, South Dakota and Texas collect that city-level data.

Arizona, California, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, Oklahoma, Washington and Wyoming courts could not provide data on how many misdemeanor defendants were unrepresented. Most court staff said the data analysis requires too much time or the tracking systems can’t report it, while California and Arizona don’t track at all.

“Without that information, the state largely cannot ensure that every person who is owed a right to counsel — because they face potential loss of liberty in a criminal case — actually gets that lawyer or has waived it effectively,” Mosher said. “That’s a problem that you’re not able to get that information.”

The Fourteenth Amendment obliges states to ensure the Sixth Amendment right to effective counsel. Lacking data suggests states fail constitutional responsibilities because they don’t know who is unrepresented — an “absence of government oversight over a core constitutional right,” Mosher said.

“Our governments don’t know what’s happening in our criminal courts if they can’t tell us who has lawyers and who doesn’t,” Mosher said.

‘Not guilty’

Navarro pleaded innocent that day in Texas when he went into a room and talked to a Wharton County prosecutor. His case was delayed.

More than a dozen others waived their constitutional right to a public defender and pleaded guilty to misdemeanors after talking to Assistant District attorney Mark Racer. Four of them came to court from jail, and their guilty pleas secured their release.

Anyone can waive the right to an attorney and choose to represent themselves, but that waiver must be made intelligently and voluntarily. Defendants who plead guilty because they want to leave jail might not be waiving their rights voluntarily, Mosher said.

“Placing poor defendants in a position where they must weigh their liberty interest against exercising their constitutional right to counsel is a form of coercion that leaves them with no meaningful choice at all,” Mosher said.

Quentin Navarro and his girlfriend Melissa say navigating the criminal justice system with little money it is a challenge. Melissa, who only gave her first name, has outstanding court fees she can’t pay. Navarro said one reason he waived his right to a public defender is because he thinks negotiations alone with the prosecutor is quicker and less expensive. Defendants with a public defender pay attorney fees, but it’s less expensive than a private attorney and payment is due later.

EMILY HAMER, LEE ENTERPRISES

A 27-year-old man in an orange jumpsuit printed with “Wharton County Jail” in big black letters across the shoulders approached Wharton County Judge Phillip Spenrath.

He was in jail nine days for allegedly possessing less than two ounces of marijuana. The man has dealt with homelessness for five years, according to jail records. Lee Enterprises is not identifying him because attention to a minor criminal charge could prevent his potential employment.

The man was told he could delay his case to either apply for a public defender or hire a private attorney. Like Navarro, he waived his right to an attorney and talked with prosecutor Racer alone about a potential plea deal.

“Are you pleading guilty or not guilty to the charge of possession of marijuana?” Judge Spenrath asked the 27-year-old.

“Not guilty,” the man replied.

“Okay, then we’re not going to be able to do this,” Spenrath said.

The man then said he’ll plead guilty instead, since he’s “here” in court, in person. Spenrath paused and called up Racer.

“This young man may be a little confused,” he told the prosecutor.

Racer reminded the inmate of their deal: “Guilty, but you get out of jail.”

Quentin Navarro holds a slip telling him to come back to court in January outside the Wharton County Courthouse Annex in Wharton, Texas, Nov. 9, 2022. He waited more than two hours for his first court hearing. About 40 other people accused of misdemeanors appeared in court and had their cases delayed or resolved with quick plea deals.

EMILY HAMER, LEE ENTERPRISES PUBLIC SERVICE JOURNALISM TEAM

Spenrath confirmed whether the defendant wanted to continue, then resumed.

This time, the man pleaded guilty.

“You owe no money and no jail time, and you get out today,” Spenrath said.

He wasn’t told about another way to get out of jail that doesn’t require cash.

Racer didn’t offer the 27-year-old a personal recognizance bond, a signed promise to return to court.

The man was being held in jail on a $2,500 surety bond, so he likely would have had to pay a bail bondsman $250 to get out. A public defender could have argued for a lower bail or a recognizance bond.

Navarro watched the 27-year-old, shackled at his wrists and ankles, switch his plea.

“The fact that they dangled jail in front of him,” he said. “He just wants to go home. Poor kid. The majority of people just plead guilty to get out of here.”

Navarro said the criminal justice system is “systematically against minorities.” About two-thirds of defendants in court had Black or brown skin.

Melissa, who asked to be identified by her first name only to avoid attention to her cases, pleaded guilty to an assault charge without an attorney’s guidance last summer in Texas. She says she could have fought for a lesser charge, but she “just wanted it to be over and done with.” Here, she waits on Nov. 9, 2022 outside the Wharton County Courthouse Annex for her boyfriend, Quentin Navarro, to finish his court hearing on a separate case.

EMILY HAMER, LEE ENTERPRISES

No process

Similar quick pleas were heard in North Dakota. A man and a woman pleaded guilty in Burleigh County court to driving with suspended licenses. They didn’t have defense attorneys and were sentenced in October to 10 days of electronic monitoring.

Two jailed men appeared in Grand Forks County court with no public defenders. If the men plead guilty, they can leave jail that day.

“I don’t know what’s going to happen tonight if I don’t show up (for work) and login,” one of the men said.

Burleigh County District Court Judge James Hill in a 2015 file photo orders a defendant to remain in jail until a bond hearing or sentencing. In October 2022, Hill accepted quick guilty pleas from a man and a woman appearing in court for the first time with no attorneys. Hill’s office did not respond to a request for comment.

WILL KINCAID, BISMARCK TRIBUNE

They pleaded guilty to misdemeanors and were sentenced to community service.

Like in Texas, the judge and prosecutor did not mention a personal recognizance bond.

“A good chunk of people end up pleading guilty having never talked to a lawyer,” North Dakota defense attorney Mark Friese said.

Jessica Ahrendt, a Grand Forks County Public Defender Office attorney, said the county does not have a process in place for people to get attorneys at or before their first appearance — despite a constitutional right to counsel at that hearing.

Ahrendt says the current over-capacity staff would be unable to represent everyone at initial appearances, whether a process existed.

No one should walk into court and give up rights without the advice of counsel, said Timothy Laughlin, executive director of Oklahoma Indigent Defense System. But it happens in Oklahoma, too.

“I know it’s happening,” Laughlin said. “There’s no way we’re getting appointed to all the misdemeanor defendants who can’t afford counsel.”

The Burleigh County Courthouse in Bismarck is pictured in 2019. 

MIKE MCCLEARY, BISMARCK TRIBUNE

‘That’s unconstitutional’

It’s common in short-staffed Arizona for people accused of misdemeanors to go without attorneys.

Keenan

ACLU OF ARIZONA

Two of the state’s 15 counties have a public defender present for misdemeanor initial appearances, said Jared Keenan, Arizona’s ACLU legal director. Many don’t get attorneys throughout their cases.

In most counties, a public defender isn’t appointed to a person arrested for a misdemeanor unless the county attorney’s office intends to pursue jail time. Constitutionally, those people still have a right to an attorney because “every misdemeanor has the potential of jail time in Arizona,” Keenan said.

Tiera Rainey, executive director of the Tucson Second Chance Community Bail Fund, said her group often sees people take plea deals on crimes they did not commit just to get out of jail.

A person booked for a misdemeanor often can’t afford bail, so they serve jail time whether or not the county attorney’s office intends to pursue that sentence, Keenan said.

“If they’re in jail because they can’t afford to pay bond but (the judge) doesn’t sentence them, they still have technically been sentenced to jail without an attorney,” Keenan said. “That’s unconstitutional.”

attorney Stephen Hanlon: “The vast majority of these cases are not being properly investigated”

‘Get it over with’

Those who avoid jail might end up there later if they don’t complete probation or community service and get re-arrested. Then, they can’t challenge the original charge to which they pleaded guilty.

Justin, 30, pleaded guilty to a San Jacinto County Texas misdemeanor assault charge Nov. 1, though he said it was “bogus” because he was defending himself. Justin asked to be identified by his first name only so his employment isn’t affected.

Justin represented himself and was happy with how the judge and prosecutor treated him.

“I didn’t know they were going to be as lenient as they were,” he said. “I’m getting the chance to get it done faster and also the chance to get it off my record.”

But he could get arrested again if he makes a mistake while following the judge’s orders. He could lose his chance to wipe the charge from his record and can no longer fight his assault charge.

One man back in Wharton County, who did not give his name, said he took a plea deal on a marijuana possession charge “just to get it over and done with, and be free.”

Without talking with a public defender, Ahrendt said people may not know they can ask for deferred prosecution, community service, a payment plan for fees and arrangements to accommodate jobs. They might never discover a defense that could get their case dismissed.

“Some people just don’t know what they’re doing, and then it’s too late to undo it,” Ahrendt said.

Though, Ahrendt said, some people “need that quick out.” Resolving their case in a few days might be needed to keep a job or housing.

Often people do not understand collateral consequences of pleading guilty, Friese said. Even a misdemeanor criminal conviction can prevent travel to Canada and impact employment, housing, military enlistment, law enforcement jobs and professional licenses. Many defendants don’t know they lose gun rights for a misdemeanor domestic violence conviction.

“The truth is that the bad effects of a plea of guilty and a criminal conviction aren’t born out at the time that they’re ordered to do community service or even a few days in jail,” Friese said. “It’s lifelong implications of having a criminal record.”

Quentin Navarro waited more than two hours in a Texas court Nov. 9, 2022 to talk to the Wharton County District attorney about a potential plea deal with no public defender to help negotiate. Navarro is among people accused in more than 100,000 misdemeanors each year across the West who navigate the criminal justice system without attorneys.

EMIILY HAMER, LEE ENTERPRISES’ PUBLIC SERVICE JOURNALISM TEAM

‘Can’t afford it’

Navarro hopes the court dismisses his case, which was ongoing as of early January.

Navarro was charged with misdemeanor domestic assault when an incident with his girlfriend and her 16-year-old son resulted in broken apartment windows and Navarro called the police, he said. All three were charged. Navarro said he’s innocent and thinks the prosecutor has no case against him.

He said he “absolutely” would have wanted to discuss his case with a public defender before or during his 15-minute chat with the prosecutor.

Judge Spenrath said “we can’t afford” a public defender at initial appearances. He said he makes sure people understand the charge to which they plead.

“I don’t want anyone pleading guilty to something they don’t want,” Spenrath said.

Wharton County has no full-time public defenders, Spenrath said. Judges assign private attorneys to people who cannot afford one. The county pays most of that cost, and defendants pay a portion later.

Navarro said he can’t afford a private attorney on his truck driver wages and thinks hiring a public defender wastes time and money.

“We’re poor people,” he said.

About Broken Defense: Across the West, public defense systems face crushing caseloads, historic underfunding, structural problems and severe staffing shortages, imperiling criminal defendants’ lives and in many cases denying them their constitutional right to counsel. Defendants have lost jobs and homes, been pressured to plead guilty and been denied the benefit of exonerating evidence. People accused in more than 100,000 misdemeanors each year go to jail without ever talking to a lawyer.

Lee Enterprises’ West region Public Service Journalism team and local reporters attended more than a dozen court hearings and interviewed more than 25 defendants, 40 attorneys and 25 experts to reveal public defense in many western states is broken.

Lee Enterprises Public Service Journalism Reporter Emily Hamer may be reached at emily.hamer@lee.net.

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The post Thousands of misdemeanor defendants don’t get attorneys appeared first on Attorney Legal Counsel.

Editor’s note: This story is part of ‘Broken Defense,’ an investigative series from Lee Enterprises. More details about this project can be found at the bottom of this article. 

Quentin Navarro sits in a Wharton County Texas courtroom in early November, tapping his foot and bouncing his knee intermittently.

The hum of conversation fills the room as court staff call about 40 people accused of misdemeanors appearing in court for the first time. Navarro waits more than two hours to talk to the prosecutor alone without an attorney.

“I’m anxious,” he says. “You’re walking in there to talk to the district attorney blind.”

People in Texas, North Dakota, Arizona and likely Oklahoma routinely get no public defender in misdemeanor cases, especially at initial appearances, a Lee Enterprises investigation found. Some people plead guilty at their first hearing to get out of jail. Others who might have fought a misdemeanor charge plead guilty to end the ordeal. These practices threaten the Sixth Amendment right to counsel.

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Quentin Navarro waived his right to an attorney and nervously talked alone with the prosecutor on his first day in court Nov. 9 in Wharton County, Texas. “You’re walking in there to talk to the district attorney blind,” he says. 

EMILY HAMER, LEE ENTERPRISES’ PUBLIC SERVICE JOURNALISM TEAM

Defendants have a constitutional right to an effective attorney whenever they could face jail time, starting at their first court hearing. Though people who are found guilty of misdemeanors often get sentenced to community service, probation or fines, jail is still a possibility in most misdemeanor cases.

Yet more than 136,000 misdemeanor cases have been closed without attorneys each year since 2019 across the West, according to data from Colorado, North Dakota, South Dakota, Utah and Texas. Most other western states could not report how many misdemeanor defendants go unrepresented due to data collection challenges.

“America’s dirty little secret is that thousands of people go to jail without ever talking to a lawyer,” said Jon Mosher, Sixth Amendment Center deputy director.

Defendants in up to nearly 60,000 of North Dakota’s misdemeanor cases had no appointed attorney from 2019 to 2021, according to the State of North Dakota Courts. Court records showed 12% of all misdemeanors those years had no attorney and 42% were marked “unknown.”

Mosher

SIXTH AMENDMENT CENTER

North Dakota Supreme Court analyst Jeff Stillwell said “it’s a fairly safe assumption” that most “unknowns” did not have counsel, but the clerk didn’t mark them.

An estimated 276,000 Texas county misdemeanor cases from 2019 to 2021 showed no attorney, according to Texas Office of Court Administration data.

Joel Lieurance, Texas Indigent Defense Commission senior policy analyst, said data can contain some errors because local clerks might not record consistently, though record-keeping has improved as state court staff have trained the clerks. Individual county data can be unreliable, he said, but statewide it is a good estimate of how many people go unrepresented.

Nearly 50,000 Colorado cases listed no attorney in the last nearly four years, according to Colorado Judicial Branch data.

Almost 14,000 cases in South Dakota where defendants faced up to one year in prison from 2019 to mid-2022 had no attorney listed, according to the South Dakota Unified Judicial System.

More than 33,000 Utah cases from 2019 to 2022 had no attorney, according to Utah State Courts data. Defendants who had a lawyer at any point, including those who ultimately represented themselves, were excluded.

Hundreds in Oregon wait for attorneys daily, but most in state court get lawyers eventually. Attorneys were appointed in 99% of state court misdemeanor cases that were resolved in 2020 and 2021, according to the Oregon Judicial Department. Missing from the data are local justice and city court cases, meaning more people likely had no representation. Only North Dakota, South Dakota and Texas collect that city-level data.

Arizona, California, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, Oklahoma, Washington and Wyoming courts could not provide data on how many misdemeanor defendants were unrepresented. Most court staff said the data analysis requires too much time or the tracking systems can’t report it, while California and Arizona don’t track at all.

“Without that information, the state largely cannot ensure that every person who is owed a right to counsel — because they face potential loss of liberty in a criminal case — actually gets that lawyer or has waived it effectively,” Mosher said. “That’s a problem that you’re not able to get that information.”

The Fourteenth Amendment obliges states to ensure the Sixth Amendment right to effective counsel. Lacking data suggests states fail constitutional responsibilities because they don’t know who is unrepresented — an “absence of government oversight over a core constitutional right,” Mosher said.

“Our governments don’t know what’s happening in our criminal courts if they can’t tell us who has lawyers and who doesn’t,” Mosher said.

‘Not guilty’

Navarro pleaded innocent that day in Texas when he went into a room and talked to a Wharton County prosecutor. His case was delayed.

More than a dozen others waived their constitutional right to a public defender and pleaded guilty to misdemeanors after talking to Assistant District attorney Mark Racer. Four of them came to court from jail, and their guilty pleas secured their release.

Anyone can waive the right to an attorney and choose to represent themselves, but that waiver must be made intelligently and voluntarily. Defendants who plead guilty because they want to leave jail might not be waiving their rights voluntarily, Mosher said.

“Placing poor defendants in a position where they must weigh their liberty interest against exercising their constitutional right to counsel is a form of coercion that leaves them with no meaningful choice at all,” Mosher said.

Quentin Navarro and his girlfriend Melissa say navigating the criminal justice system with little money it is a challenge. Melissa, who only gave her first name, has outstanding court fees she can’t pay. Navarro said one reason he waived his right to a public defender is because he thinks negotiations alone with the prosecutor is quicker and less expensive. Defendants with a public defender pay attorney fees, but it’s less expensive than a private attorney and payment is due later.

EMILY HAMER, LEE ENTERPRISES

A 27-year-old man in an orange jumpsuit printed with “Wharton County Jail” in big black letters across the shoulders approached Wharton County Judge Phillip Spenrath.

He was in jail nine days for allegedly possessing less than two ounces of marijuana. The man has dealt with homelessness for five years, according to jail records. Lee Enterprises is not identifying him because attention to a minor criminal charge could prevent his potential employment.

The man was told he could delay his case to either apply for a public defender or hire a private attorney. Like Navarro, he waived his right to an attorney and talked with prosecutor Racer alone about a potential plea deal.

“Are you pleading guilty or not guilty to the charge of possession of marijuana?” Judge Spenrath asked the 27-year-old.

“Not guilty,” the man replied.

“Okay, then we’re not going to be able to do this,” Spenrath said.

The man then said he’ll plead guilty instead, since he’s “here” in court, in person. Spenrath paused and called up Racer.

“This young man may be a little confused,” he told the prosecutor.

Racer reminded the inmate of their deal: “Guilty, but you get out of jail.”

Quentin Navarro holds a slip telling him to come back to court in January outside the Wharton County Courthouse Annex in Wharton, Texas, Nov. 9, 2022. He waited more than two hours for his first court hearing. About 40 other people accused of misdemeanors appeared in court and had their cases delayed or resolved with quick plea deals.

EMILY HAMER, LEE ENTERPRISES PUBLIC SERVICE JOURNALISM TEAM

Spenrath confirmed whether the defendant wanted to continue, then resumed.

This time, the man pleaded guilty.

“You owe no money and no jail time, and you get out today,” Spenrath said.

He wasn’t told about another way to get out of jail that doesn’t require cash.

Racer didn’t offer the 27-year-old a personal recognizance bond, a signed promise to return to court.

The man was being held in jail on a $2,500 surety bond, so he likely would have had to pay a bail bondsman $250 to get out. A public defender could have argued for a lower bail or a recognizance bond.

Navarro watched the 27-year-old, shackled at his wrists and ankles, switch his plea.

“The fact that they dangled jail in front of him,” he said. “He just wants to go home. Poor kid. The majority of people just plead guilty to get out of here.”

Navarro said the criminal justice system is “systematically against minorities.” About two-thirds of defendants in court had Black or brown skin.

Melissa, who asked to be identified by her first name only to avoid attention to her cases, pleaded guilty to an assault charge without an attorney’s guidance last summer in Texas. She says she could have fought for a lesser charge, but she “just wanted it to be over and done with.” Here, she waits on Nov. 9, 2022 outside the Wharton County Courthouse Annex for her boyfriend, Quentin Navarro, to finish his court hearing on a separate case.

EMILY HAMER, LEE ENTERPRISES

No process

Similar quick pleas were heard in North Dakota. A man and a woman pleaded guilty in Burleigh County court to driving with suspended licenses. They didn’t have defense attorneys and were sentenced in October to 10 days of electronic monitoring.

Two jailed men appeared in Grand Forks County court with no public defenders. If the men plead guilty, they can leave jail that day.

“I don’t know what’s going to happen tonight if I don’t show up (for work) and login,” one of the men said.

Burleigh County District Court Judge James Hill in a 2015 file photo orders a defendant to remain in jail until a bond hearing or sentencing. In October 2022, Hill accepted quick guilty pleas from a man and a woman appearing in court for the first time with no attorneys. Hill’s office did not respond to a request for comment.

WILL KINCAID, BISMARCK TRIBUNE

They pleaded guilty to misdemeanors and were sentenced to community service.

Like in Texas, the judge and prosecutor did not mention a personal recognizance bond.

“A good chunk of people end up pleading guilty having never talked to a lawyer,” North Dakota defense attorney Mark Friese said.

Jessica Ahrendt, a Grand Forks County Public Defender Office attorney, said the county does not have a process in place for people to get attorneys at or before their first appearance — despite a constitutional right to counsel at that hearing.

Ahrendt says the current over-capacity staff would be unable to represent everyone at initial appearances, whether a process existed.

No one should walk into court and give up rights without the advice of counsel, said Timothy Laughlin, executive director of Oklahoma Indigent Defense System. But it happens in Oklahoma, too.

“I know it’s happening,” Laughlin said. “There’s no way we’re getting appointed to all the misdemeanor defendants who can’t afford counsel.”

The Burleigh County Courthouse in Bismarck is pictured in 2019. 

MIKE MCCLEARY, BISMARCK TRIBUNE

‘That’s unconstitutional’

It’s common in short-staffed Arizona for people accused of misdemeanors to go without attorneys.

Keenan

ACLU OF ARIZONA

Two of the state’s 15 counties have a public defender present for misdemeanor initial appearances, said Jared Keenan, Arizona’s ACLU legal director. Many don’t get attorneys throughout their cases.

In most counties, a public defender isn’t appointed to a person arrested for a misdemeanor unless the county attorney’s office intends to pursue jail time. Constitutionally, those people still have a right to an attorney because “every misdemeanor has the potential of jail time in Arizona,” Keenan said.

Tiera Rainey, executive director of the Tucson Second Chance Community Bail Fund, said her group often sees people take plea deals on crimes they did not commit just to get out of jail.

A person booked for a misdemeanor often can’t afford bail, so they serve jail time whether or not the county attorney’s office intends to pursue that sentence, Keenan said.

“If they’re in jail because they can’t afford to pay bond but (the judge) doesn’t sentence them, they still have technically been sentenced to jail without an attorney,” Keenan said. “That’s unconstitutional.”

attorney Stephen Hanlon: “The vast majority of these cases are not being properly investigated”

‘Get it over with’

Those who avoid jail might end up there later if they don’t complete probation or community service and get re-arrested. Then, they can’t challenge the original charge to which they pleaded guilty.

Justin, 30, pleaded guilty to a San Jacinto County Texas misdemeanor assault charge Nov. 1, though he said it was “bogus” because he was defending himself. Justin asked to be identified by his first name only so his employment isn’t affected.

Justin represented himself and was happy with how the judge and prosecutor treated him.

“I didn’t know they were going to be as lenient as they were,” he said. “I’m getting the chance to get it done faster and also the chance to get it off my record.”

But he could get arrested again if he makes a mistake while following the judge’s orders. He could lose his chance to wipe the charge from his record and can no longer fight his assault charge.

One man back in Wharton County, who did not give his name, said he took a plea deal on a marijuana possession charge “just to get it over and done with, and be free.”

Without talking with a public defender, Ahrendt said people may not know they can ask for deferred prosecution, community service, a payment plan for fees and arrangements to accommodate jobs. They might never discover a defense that could get their case dismissed.

“Some people just don’t know what they’re doing, and then it’s too late to undo it,” Ahrendt said.

Though, Ahrendt said, some people “need that quick out.” Resolving their case in a few days might be needed to keep a job or housing.

Often people do not understand collateral consequences of pleading guilty, Friese said. Even a misdemeanor criminal conviction can prevent travel to Canada and impact employment, housing, military enlistment, law enforcement jobs and professional licenses. Many defendants don’t know they lose gun rights for a misdemeanor domestic violence conviction.

“The truth is that the bad effects of a plea of guilty and a criminal conviction aren’t born out at the time that they’re ordered to do community service or even a few days in jail,” Friese said. “It’s lifelong implications of having a criminal record.”

Quentin Navarro waited more than two hours in a Texas court Nov. 9, 2022 to talk to the Wharton County District attorney about a potential plea deal with no public defender to help negotiate. Navarro is among people accused in more than 100,000 misdemeanors each year across the West who navigate the criminal justice system without attorneys.

EMIILY HAMER, LEE ENTERPRISES’ PUBLIC SERVICE JOURNALISM TEAM

‘Can’t afford it’

Navarro hopes the court dismisses his case, which was ongoing as of early January.

Navarro was charged with misdemeanor domestic assault when an incident with his girlfriend and her 16-year-old son resulted in broken apartment windows and Navarro called the police, he said. All three were charged. Navarro said he’s innocent and thinks the prosecutor has no case against him.

He said he “absolutely” would have wanted to discuss his case with a public defender before or during his 15-minute chat with the prosecutor.

Judge Spenrath said “we can’t afford” a public defender at initial appearances. He said he makes sure people understand the charge to which they plead.

“I don’t want anyone pleading guilty to something they don’t want,” Spenrath said.

Wharton County has no full-time public defenders, Spenrath said. Judges assign private attorneys to people who cannot afford one. The county pays most of that cost, and defendants pay a portion later.

Navarro said he can’t afford a private attorney on his truck driver wages and thinks hiring a public defender wastes time and money.

“We’re poor people,” he said.

About Broken Defense: Across the West, public defense systems face crushing caseloads, historic underfunding, structural problems and severe staffing shortages, imperiling criminal defendants’ lives and in many cases denying them their constitutional right to counsel. Defendants have lost jobs and homes, been pressured to plead guilty and been denied the benefit of exonerating evidence. People accused in more than 100,000 misdemeanors each year go to jail without ever talking to a lawyer.

Lee Enterprises’ West region Public Service Journalism team and local reporters attended more than a dozen court hearings and interviewed more than 25 defendants, 40 attorneys and 25 experts to reveal public defense in many western states is broken.

Lee Enterprises Public Service Journalism Reporter Emily Hamer may be reached at emily.hamer@lee.net.

Be the first to know

Get local news delivered to your inbox!

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Attorneys and law firms can elevate their online presence with professionally written content from SEO Content Writing Services monthly plan. Our team of experienced writers specializes in crafting blog posts, articles, and written content that accurately reflect the expertise and knowledge of our clients in the legal field. With a keen eye for detail and a thorough understanding of legal terminology, we provide high-quality writing that helps our clients stand out from their competition and engage with their target audience. Trust SEO Content Writing Services for one time article writing or monthly written content to handle all of your written content needs and showcase your law firm's expertise.
If you need written content, blog posts, or articles professionally written for your website, we can help. Go HERE to find out more.
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The post Thousands of misdemeanor defendants don’t get attorneys appeared first on Attorney Legal Counsel.