The Davenport woman accused of taking part in a Jan. 15 double murder has two new attorneys.

Adriana Blake, 27, is now represented by Des Moines-based attorney Christopher Kragnes of Kragnes & Associates. Austin J. Luse will serve as Blake’s second attorney as she faces a pair of first-degree murder charges in the killings of Brian L. Goodwin and Amy M. Smith.

Kragnes and Luse replace attorneys Alex Gilmore and F.M. Brown, who were appointed on March 15.

Blake and her co-defendant, Devon Braet, were slated to face a jury trial starting on Jan. 4, 2025.

Braet, 34, also faces two first-degree murder charges. Blake and Braet were staying with Goodwin in the home he rented at 5210 N. Division St. at the time of the murders.

Blake’s change of attorneys is the latest chapter in the increasingly complicated story of Blake’s requests for changes in the nature of her defense.

People are also reading…

A new request

On Sept. 30 Blake sent a one-line letter to the Scott County Clerk of the Court that read:

“To whom it may concern: My name is Adriana Blake and I am writing pro se seeking a motion disqualifying my counsel.”

Days later, Gilmore filed a motion to withdraw as Blake’s counsel. In that motion Gilmore said Blake ” … wants to revoke waiver of speedy trial, withdraw motion to sever, presumably refuse counsel’s intent to file a motion for a change of venue, and various other complaints.”

Gilmore added in the motion that Blake ” … wants a trial sooner than that set for January 4, 2025 and wants it jointly with the co-defendant” against Gilmore’s recommendations.

Along with the appointment of new attorneys, Blake also made a number of requests that, if granted, will change the course of the defense Gilmore outlined in a late July motion.

That motion asked for Blake and Braet to be severed as co-defendants.

‘Acted under duress’

Blake and Braet were arrested together in Davenport on Jan. 18 and were charged with the killings of Goodwin and Smith on Feb. 5. They were arraigned together, but were represented by different attorneys.

Gilmore laid out Blake’s defense against the charges of first-degree murder in the late July motion to sever. He said Blake planned to claim she “acted under duress” during the Jan. 15 murders of Smith and Goodwin.

“The ‘core’ defense of defendant Blake is that she did not fire a weapon, kill anyone, and was effectively coerced, threatened with bodily harm and acted under duress, and Braet’s acts involving the killings were not foreseeable nor agreed to or participated in by defendant Blake.”

During their arraignment for the murders, Davenport police investigator Brandon Askew testified that Blake and Braet drove to a Galesburg hotel sometime after the fire on the morning of Jan. 16. Investigators found cell phones and photos with the two posing with guns and body armor at the hotel.

Askew told the court in one of the videos Blake said, “I shot both of them.”

Gilmore’s motion addresses Askew’s testimony and other statements investigators allege Blake made after being arrested, writing that Blake ” … may specifically claim that she was supplied drugs by Braet, drug-addled” and that statements investigators allege she made were a result of Braet’s “coercion.”

Gilmore also wrote Blake would seek to introduce otherwise inadmissible evidence against Braet, including his criminal history and Blake’s knowledge of Braet’s “history of violence.”

Braet recently was charged with a plot to attack and kill another inmate at the Scott County Jail. Those charges came after he wrote a letter asking to rescind his waiver of speedy trial.

A search for an attorney

The path to Blake’s current legal representation was not an easy one and points to the difficulties courts can face when defendants with extensive witness lists and prior criminal histories need court-appointed attorneys.

After Gilmore and Brown were allowed to withdraw, the court appointed Jeffery Powell to serve as Blake’s attorney. But Powell works for Keegan Tindal & Jaeger, a private firm that represents indigent clients and another attorney had to withdraw from representing Braet months ago.

Powell cited the possible conflict and F.M. Brown was “inadvertently re-appointed” to represent Blake. Brown withdrew and Kragnes was appointed.

Blake was initially represented by the Scott County Public defender’s office and attorney Troy Smith. Gilmore and Brown replaced Smith.

Sign up for our Crime & Courts newsletter

Get the latest in local public safety news with this weekly email.

Source link


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.
or email us here: myseowritingservices@gmail.com
To find out more about our article writing or blog post services, fill out the form, thank you.

Name *

First

Last

Business Name

Email *

What type of articles are you intertested in?

Submit

The post Davenport woman gets new attorneys in double murder case appeared first on Attorney Legal Counsel.

What does an Orange County Superior Court judge do?

Superior Court judges oversee trials across all of Orange County. There are more than 100 of them across the court system. These trials cover everything having to do with state and local laws, including family law (such as child custody and divorces), contract disputes, thefts, felony murder, probate (distributing a person’s possessions after they die) and small claims.

A judge’s job is to act as court referee:

• making sure all sides are abiding by the proper rules
• hearing arguments
• handing down rulings based on the evidence presented and their interpretation of the law

If the law is very clear on a given issue, a judge has to stick to it regardless of how they personally feel. In other cases, laws may be ambiguous, and that’s when a judge has to issue their own interpretation of the law. Judges also have a fair amount of discretion when it comes to handing down penalties, such as the length of a sentence for a criminal conviction or the payment sum for a civil case. That’s where it starts to really matter who is in the seat.

Superior Court judges serve six-year terms, but they don’t always have to face reelection when that time is up. They’ll only appear on your ballot if someone challenges their seat at the end of their term. Judges who go unchallenged automatically get reelected into their next term and never appear on the ballot at all.

Before you keep reading…

Dear voter, we’re asking you to help us keep local election news widely available for all today. Your financial support allows our reporters to research candidates and provide you and your neighbors the tools you need to make informed decisions when casting your ballot. When reliable local election reporting is widely available, the entire community benefits. Thank you for investing in your neighborhood.

Donate Now

You might recognize their work from …

Your traffic ticket dispute. Or your child custody case. Or that time you served on a jury. If you’ve never had to interact with the court system before, you’ve definitely heard of a case the Orange County Superior Court has handled: Consider the twisty turny story of John Meehan, which inspired the podcast and TV series Dirty John.

What should I consider in a candidate?

Evaluating judicial candidates is notoriously hard. There can be dozens of them in a given election, and since many candidates are wary of politicizing judgeships, they don’t spend a lot of money on campaign advertising, which makes it hard to find out who they are or what they stand for. Plus, these are nonpartisan seats, so you don’t have the option of just voting for candidates who identify as a member of the party with whom you’re registered.

This is really not an easy task for the average voter, but there are a few pieces of information you can look at to help with your decision.

Here are some tips based on advice we previously received from Judge Stuart Rice, an L.A. Superior Court judge and a past president of the California Judges Association (note: he is not up for reelection):

Look at the Bar Association’s ratings. Usually, the O.C. Bar Association (OCBA) undertakes a lengthy evaluation process for each judicial candidate during every election. This year, OCBA officials told us those rating should be out midweek (week of Feb. 12) and we will add them once they post.

Check out endorsements. These are nonpartisan seats, but you’ll still see endorsements from newspapers, politicians and issue-based organizations, just like any political contest. If there’s an organization you trust, their endorsement might tip the scales for you.

Consider candidates’ experience. The only requirement for being a judge is to be authorized to practice law in California (usually by passing the bar exam), or to have already served as a judge for 10 years in California. That means you might find a wide range of legal experience among candidates. If they were a judge before, or have significant trial experience, that’s a big clue as to how prepared they may be for the job on day one. Having a history as a prosecutor or defense attorney can also tell you they’ve had a lot of experience in court, and give you an idea of their potential approach to criminal justice issues.

Here are some common job titles you may see on the ballot:

• Superior Court commissioner: Someone hired by court judges to do lower-level judicial work, such as traffic violation hearings or small claims. “Once chosen as a commissioner, you are already doing the job as a judge,” said Judge Rice (who himself started his career as a Superior Court commissioner).
• Deputy district attorney: A prosecutor who works for the county district attorney’s office, representing the government in felony and misdemeanor cases.
• Deputy county counsel: An attorney who works for the county counsel’s office, giving legal advice to different departments and representing the county in various litigation issues.
• Public defender: A defense attorney employed by the government to represent defendants accused of crimes who can’t afford private lawyers.
• City attorney: An attorney who handles lawsuits on behalf of a city government. In places like L.A., deputy city attorneys also act as prosecutors for misdemeanors.
• attorney, attorney at law, counselor at law, or lawyer: These are general titles used to describe anyone authorized to practice law, whether they’re a law professor, private defense attorney, in-house counsel at a company, or someone who’s passed the bar exam but isn’t actually working as a lawyer. You’ll likely have to dig a bit more to find out the candidate’s actual work experience.

Fun fact: Until recently, judicial candidates would frequently use their job titles on the ballot as a campaign marketing tool. Candidates would list themselves as “violent crimes prosecutor,” “child molestation prosecutor,” or “domestic violence attorney” to catch voters’ eye — and the tactic largely worked. A reform bill passed in 2017 put an end to that practice, so now you see much more neutral titles like the ones above. (That doesn’t necessarily stop candidates from finding other ways to finesse their appearance on the ballot — one legally changed his first name to “Judge” in the 2020 elections, despite not being an actual sitting judge.)

Look at a candidate’s website. If a candidate doesn’t even bother having a website or online presence where you can learn more about them, that’s a signal they may not be running a serious campaign, Judge Rice said. Campaign websites can also give you more detailed information about a candidate’s background, mission and experience.

Why do we vote for judges?

In short, because we have for a long time and because proposals to stop electing judges haven’t succeeded.

If you’re not totally comfortable with the idea of electing judges, you’re not alone. Lots of people have questioned whether it’s a good idea to elect our judiciary — does it cause judges to worry more about being popular instead of making the right decisions in cases? Some critics also point to something that happened back in 2006 across the county line in L.A. when a well-respected sitting judge who had served on the court for over 20 years unexpectedly lost her seat to a bagel shop owner with much less legal experience who spent way more money on campaign advertising.

More reading

About our guide

• Some candidates did not have a campaign website and/or list of endorsements available online at the time of publication. We have reached out to these candidates and will update this guide as candidate information becomes available.

The Candidates

With all the above in mind, here is our judges guide. It includes the six candidates vying for three seats. Each profile has the candidate’s job, campaign website, and a link to their full list of endorsements (when available). Again, we will add OCBA ratings once they post.

It’s worth noting that of 36 judge seats up for election in Orange County, just three are competitive.

Office No. 3

Dan Jacobson
attorney

Full candidate statement:

I’ve practiced law for 35 years. During much of that time I also taught law. Throughout my career, I’ve gained the key to understanding the law. That key is – Wisdom.

On November 12, 2019, Congressman Lou Correa gave a speech on the Floor of the House of Representatives “Honoring Legendary Orange County attorney Dan Jacobson.” Congressman Correa said, “Madam Speaker, I rise today to honor Dan Jacobson, a prominent attorney in Orange County [and] longtime defender of the voiceless.”

In the early 1980s I was homeless for a brief time. When down, I got up and fought back against my circumstances. And I ended up a successful lawyer, being praised on the Floor of the House. Through it all I gained, and continue to pursue, knowledge and experience, which mixed together produce – Wisdom.

I understand crime victims – I was one, staring down the barrel of a robber’s pistol. I’ve represented people from all walks of life. For five years I volunteered as a Judge Pro Tem at the Santa Ana courthouse dispensing justice with thoughtfulness, toughness, and – Wisdom.

I’m married to my lifelong best friend, Lyly. I’ve led Boards of Directors of non-profits as varied as the Richard and Donna O’Neill Land Conservancy and the Brodie Dance Company.

I’m serving my 2nd term as Commissioner on the California Accountancy Board. I was appointed to that seat by Speaker of the Assembly Emeritus Anthony Rendon. In that position, I use – Wisdom.

I was recognized by preeminent Civil Rights Leader John Lewis when Congressman Lewis sent me his book, The March. Congressman Lewis’ inscription reads, “To Dan Jacobson, Thank you for all of your great work.” Being recognized by John Lewis, demonstrates my – Wisdom.

In the early 2000s Congressman John Garamendi, then California’s Insurance Commissioner, appointed me as a Governor of the California Insurance Guarantee Association. Congressman Garamendi saw in me – Wisdom.

I’ve penned more than 40 scholarly articles in leading legal journals on topics ranging from Indemnity to Grandparents’ Visitation Rights. Please see those at www.https://jacobsonforjudge.com/articles/.

On November 9, 2019 the State Senate recognized me with a certificate issued in my honor. Senator Tom Umberg, Chair of the State Senate’s Judicial Committee, wrote that I have “passion for civic and legal affairs.” That passion is fueled by – Wisdom.

Vote for wisdom; Vote for justice; Vote for Jacobson for judge!

Jason Baez
Deputy District attorney, County Of Orange

Full candidate statement:

A successful 20-year career in the District attorney’s office dedicated to public safety and victims’ rights has earned me bipartisan endorsements from District attorney Todd Spitzer, Sheriff Don Barnes, dozens of Superior Court Judges, Association of Orange County Deputy Sheriffs, Orange County Coalition of Police and Sheriffs, Association of Orange County Deputy District Attorneys, and Orange County’s elected leaders.

I have been honored to receive the North Orange County Bar Association attorney of the Year award, and awards from victim’s rights groups and MADD. I am endorsed by Orange County Labor Federation, and Orange County Employees Association.

As a Deputy District attorney, I protect the people of Orange County by prosecuting violent criminals and getting justice for victims of murder, gang violence, robbery, carjacking, vehicular homicide, and residential burglary. I currently supervise the Gangs, Narcotics Enforcement Team, and Burglary Crews units.

I am running for Orange County Superior Court Judge with the utmost respect for the responsibility, integrity, fairness, and compassion that this job requires. I will follow the law and treat every person who enters the courtroom with dignity and respect at all times.

I humbly ask for your vote. Experience. Integrity. Fairness. www.baezforjudge.com

Back to Top

Office No. 16

Richard Zimmer
Deputy District attorney, County Of Orange

Full candidate statement:

I am proud to be endorsed by leadership across Orange County including Sheriff Don Barnes, District attorney Todd Spitzer, police, prosecutors, victims’ rights advocates, elected officials, dozens of judges, police associations, and the Association of Orange County Deputy Sheriffs representing thousands of peace officers.

For 17-years I have dedicated my career to protecting the people of Orange County. I have prosecuted the most serious crimes including child molestation, rape, armed robbery, gang crimes, and attempted murder, while ensuring our justice system supported and protected crime survivors.

As a supervising Deputy District attorney, I understand the impacts that violent crime, substance abuse, and mental illness have on individuals, their families, and our community. I am a married father of two children and understand the importance of safeguarding our neighborhoods.

With my extensive frontline legal experience, I am prepared to serve as Superior Court Judge from day one. I will follow the law and make sure that criminals are justly punished while treating everyone with dignity, understanding, and respect.

I ask that you join Orange County police, prosecutors, victims’ rights advocates, and judges in supporting my election for Superior Court Judge.

I respectfully ask for your vote. Knowledgeable. Honorable. Experienced. www.Zimmer4Judge.com

Binh Dang
Deputy Public Defender, County Of Los Angeles

Back to Top

Office No. 35

Whitney Bokosky
Deputy District attorney, County Of Orange

Full candidate statement:

For 17 years, I have been honored to serve and protect the Orange County community by prosecuting child molesters, rapists, drunk drivers, and murderers. I worked closely with law enforcement and survivors in conducting 89 jury trials and put the most dangerous criminals behind bars.

I am a tough but fair prosecutor. I take seriously the ethical responsibility of deciding when to pursue a case.

As your Superior Court Judge, I will uphold the law, protect the public, and give respect to every person that enters the courtroom.

My trial experience and character have earned me endorsements from respected and bipartisan community leaders including Sheriff Don Barnes, Orange County District attorney Todd Spitzer, Superior Court Judges, Veterans Alliance of Orange County, Association of Orange County Deputy Sheriffs, Deputy District Attorneys, Orange County Labor Federation, Court Employees, Orange County Coalition of Police and Sheriffs, defense and consumer attorneys, and California’s largest law enforcement organization.

I was born and raised in Orange County. I attended Irvine High School, University of California, Irvine and Chapman University School of Law. My husband is a business owner. We are proud parents to children attending local schools.

I would be honored to earn your vote. Bokosky4Judge.com

Daniel J. Kern
attorney At Law

Website: danieljkernforjudge.org
Endorsements: (not listed)
OCBA Rating: Coming soon
Candidate statement (none listed)

About this article

• Gina Pollack compiled the Orange County specific information. Brianna Lee and Caitlin Hernández researched overall issues related to the election of judges, as well as tips on how to make an informed vote.

What questions do you have about the March 5 primary election?

Whether it’s about how to interpret the results or track your ballot, we’re here to help you understand the 2024 primary election on March 5.

Ask a Question

More Voter Guides

• Orange County Board of Supervisors: The winners of Districts 1 and 3 will join a five-member board that oversees a county of about 3 million residents with an annual budget of about $9 billion.
• Orange County Superior Court judges: There are three competitive races for the bench.

Head to LAist’s OC Voter Game Plan for guides to the rest of your ballot including:

• Measure D: Evaluating the initiative that asks Irvine voters to expand the city council and redistribute its powers.
• Huntington Beach Measures 1, 2 and 3: A closer look at a trio of measures aiming to reshape Surf City.
• Orange County State Assembly*: Meet the candidates vying for these nine seats
• Orange County State Senate*: A look at the key races on the ballot
• Prop. 1: Here’s a closer look at the proposal at the center of a debate over how to best help people struggling with mental health, drug and alcohol issues.
• U.S. Congress: Coming soon*
• U.S. Senate: Who will replace the late Dianne Feinstein?

*Produced in partnership with CalMatters

Back to Top

Source link


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.
or email us here: myseowritingservices@gmail.com
To find out more about our article writing or blog post services, fill out the form, thank you.

Name *

First

Last

Business Name

Email *

What type of articles are you intertested in?

Submit

The post LA Superior Court Judges: Who’s Running In The November General Election And Why It Matters appeared first on Attorney Legal Counsel.

All local private attorneys may be assigned to represent indigent clients as soon as next Friday, whether they like it or not.

In a letter sent to the Scott County Bar Association late this week, Seventh District Judge Henry Latham said the court will begin assigning private attorneys in Scott County to defend people who cannot afford an attorney as soon as March 17.

“If there is not a significant increase in the number of contract attorneys by March 17th, the Court will have no choice but to appoint all licensed attorneys to cases to meet the need of the indigent defense in this district the following week,” Latham said in the letter.

The county uses full-time State Public Defenders and other attorneys under contract with the county to represent the indigent and to meet the demand. The private-practice attorneys would be required to represent indigent defendants on a case-by-case basis.

People are also reading…

Latham’s decision comes after he put out a call for contract attorneys in October of 2022. He sent the letter to all attorneys in the Seventh District Bar Association, detailing how the State Public Defender notified all the judges in the district that the Davenport Public Defender’s office would represent defendants only in the most serious felony and misdemeanor cases.

According to the judge, public defenders in Davenport can handle Class A and B felonies, but there are not enough of them to represent defendants in lower-class C and D felonies. Making the matter worse is a lack of contract attorneys in Scott County, which are private attorneys who are paid by the State Public Defender.

The reactions to Latham’s letter have been mixed.

Eric Tindal, a contract attorney who handles some cases in Scott County, said he understands the need for Latham’s letter. Local private attorney Eric Puryear said he will not accept contract work, because he finds it “morally offensive.”

Both attorneys agreed the state faces a number of intertwined issues when trying to find representation for poor clients and must take a hard look at how much contract attorneys are paid.

Eric Tindal is part of the firm Keegan, Tindal & Jaeger, which has offices in Iowa City and Davenport. He is a contract attorney who in 2022 represented indigent clients in four judicial districts and approximately 25 counties, including Scott.

“I was not surprised to get Judge Latham’s letter,” Tindal said. “Indigent defense is a national crisis.”

He offered some numbers for perspective.

“There are 370 attorneys on the contract list in Iowa,” Tindal said. “Now exclude the contract attorneys in Des Moines and in the Johnson County and Linn County corridor, and you have 311 attorneys for the rest of the state.

“Last year there were right about 47,000 claims. That means, basically, the number of bills attorneys sent to the state for services — (were) sent to the State Public Defender’s Office by less than 400 attorneys.”

That’s 127 services-for-clients claims per contract attorney in the state.

“There is an incredible strain on the public defense system in Iowa,” Tindal said. “And the situation in Scott County is one of the worst in the state.”

Because of that strain, he understands the need for Latham’s decision and added “the reasons for a lack of contract attorneys in Scott County are complex.”

“It goes beyond not having enough attorneys,” Tindal said. “Historically, the Scott County attorney‘s office has been difficult to deal with in terms of the discovery process — being able to easily see video evidence is just an example.”

He said “progress has been made” on that issue.

“The other issue has been that Scott County’s scheduling and procedural system has not been conducive to attracting out-of-county attorneys to work on cases in that county,” he said. “It has simply been hard to see clients and work with the prosecutors.”

He again stressed “the situation has been improving.”

“The County attorney‘s office has definitely been making progress,” Tindal said. “Everyone is pulling in the right direction.”

There are three things that can be done in Scott County to improve the prospects of luring contract attorneys, he said.

“One, make processing discovery easier for the defense attorneys,” he said. “Two, make reasonable plea offers and make them earlier in the process. And three, it would be nice if the County attorney picked up the phone and talked with defense lawyers.”

Back in late December, Tindal sent a letter to Susan Larson Christensen, the Chief Justice of the Iowa Supreme Court, outlining the complex issues threatening indigent defense in Iowa.

He touched on the issue of what contract attorneys are paid.

“There is no dispute: the hourly rate must be increased. There is no need to belabor this point. Briefly, however, we will note how important it is to put the rate issue into context … in 1979 the rate was $40 per hour, which was an increase from the pre-1978 rate of $25.00 per hour,” Tindal wrote. “The hourly rate has increased some over time, but it has come nowhere close to the rate necessary to maintain a business. By most calculations, $40.00 is worth approximately $145.00 today.

“To state the obvious, Iowa’s court appointed rates for contract attorneys requires us to operate at or near an operational loss.”

Contract attorneys representing clients charged with Class C and D felonies are paid $68 an hour. Those representing Class B felonies make $73 an hour, and attorneys handling Class A felony cases are paid $78 an hour.

Several former contract attorneys who worked for the the Iowa State Public Defender pointed out contract attorneys in Illinois make much more — at least $126 an hour — while attorneys contracted through the Federal Defenders program make $150 an hour.

According to a number of private attorneys in Davenport, hourly rates for most legal work start at $225 an hour. Most divorce cases land in the $350- to $400-an-hour range, and criminal defense can run even higher.

Private attorney Puryear said it is his opinion that the pay rate for contract attorneys in Iowa is so low because of basic “structural deficiencies” in the state’s public defense system.

“It’s a choice,” Puryear said. “State’s attorney‘s offices are budgeted much more than the Public Defender’s office. The police budgets of most cities are enormous.

“We have a system in Iowa where a person who makes, say, $15 an hour gets accused of a crime and has to bail out of jail. That alone will wipe out most bank accounts. And then you have to try and pay for an attorney. The system is set up to keep people in that system and puts them at a huge disadvantage.”

Tindal said he didn’t have hard numbers, but estimated upwards of 90% of the people arrested in Iowa qualify for a public defender.

“If Iowa cared about getting people good criminal defenders, they would pay for it,” Puryear said. “The pay rate sends a clear message to the clients of public defenders about just how important their rights are.”

‘This is akin to slavery’

Latham’s letter expressed frustration with the private attorneys in Scott County and the Seventh Judicial District.

“I am completely disappointed at the lack of response that the Court has received from the bar. To date there has been only one attorney who has contacted the Public Defender to become a contract attorney,” he wrote.

Puryear said he has no intention to volunteer for what he calls a “purposely broken system.”

“Here in my office, two attorneys have devoted about 100 hours so far in 2023 to representing people who cannot afford legal help,” he said. “But I’m not going to be compelled to support a purposely defective system.

“The state gives huge amounts of taxpayer money to those who investigate, arrest, prosecute, and jail citizens, and at the same time purposefully deprives those citizens of the means to have a fair defense.”

Puryear added: “The state doesn’t pay public defenders or contract attorneys enough, creating a shortage of defense attorneys for indigent clients. Then Judge Latham asks all of us to support this system by working for the state at rates way below what we would normally be paid. It’s ridiculous.”

It is “ironic,” he said, that the state wants attorneys to volunteer to serve as contract attorneys.

“Judges certainly don’t volunteer their time to help with cases,” he said. “Do prosecutors donate their time to help clients? Police officers aren’t asked to volunteer time to do their jobs.

“Why are defense attorneys asked to do this? This is a big problem. I’m not exaggerating when I say this akin to slavery. Slavery is compelling people to work against their will. That’s what this is.”

Puryear said he is much more interested in hearing how the state is going to fix what he calls “the system.”

That system is headed up by Jeff Wright. He is the director of Iowa’s State Public Defenders Office and reports directly to Gov. Kim Reynolds.

Under Wright’s office, 200 employees in 10 local Public Defender Offices and the Appellate Defender’s Office provide representation for poor and low-income people in all of Iowa’s 99 counties.

According to Wright, the Public Defender’s office in Davenport has a staff of eight, but three of them are not attorneys. The office is down three attorneys, and the state’s job board shows a listing for at least one — public defender fellow — open.

It pays between $55,000 and $85,000 per year.

“Maybe we can look at bail set so high people can’t afford an attorney,” Puryear said. “And look at the number of Public Defenders there are in the state and what they are paid.

“I’m tired of seeing the responsibility for the broken public defenders system placed on private attorneys. It’s not acceptable.”

Be the first to know

Get local news delivered to your inbox!

Source link


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.
or email us here: myseowritingservices@gmail.com
To find out more about our article writing or blog post services, fill out the form, thank you.

Name *

First

Last

Business Name

Email *

What type of articles are you intertested in?

Submit

The post No volunteers, so local attorneys may be required to represent the poor appeared first on Attorney Legal Counsel.

PIERRE — A task force to determine issues faced by legal defense services in South Dakota is almost inked into law. Following a 34-1 vote in the Senate, the bill will now go to Gov. Kristi Noem’s desk for final approval.

The 13-member task force was called for by the South Dakota Supreme Court Chief Justice Steven Jensen in his annual state of the judiciary speech and will seek to address how the state could better support defense services for indigent parties, something officials have said has been a piecemeal process handled at the county level.

Throughout hearings, supporters of the task force spoke to the drain on county resources when defendants, who are constitutionally required to have representation, use court-appointed attorneys that then bill the county for their legal services.

It was estimated that counties, who foot the bill for indigent defense cases, spent at least $20 million on such defense services and were reimbursed 3% in 2022. However, the state does not fund reimbursements.

People are also reading…

“The counties can do their best to collect those fees from those defendants to be paid back,” said Greg Sattizahn, a lobbyist for the Unified Judicial System. “I will tell you, from all my conversations with county auditors, that’s very difficult to do to expect that those fees get paid back.”

Some have proposed creating a regional public defenders office, similar to the three public defender offices in Minnehaha County, Pennington County and Lawrence County. The main hope is the task force will figure out best solutions for providing defense services to those who can’t afford it and the lawyers defending them.

Because of an emergency clause attached to the bill, the UJS-headed task force could pick members as soon as Noem signals approval rather than wait until July to start.

What are defense attorneys currently facing?

In his address to the legislature, Jensen said there’s an issue trying to find attorneys to represent clients in rural areas. Most of the time, the 63 counties without public defender offices contract with private attorneys or rely on a list of court-appointed attorneys.

Sen. David Wheeler, R-Huron, who works as a criminal defense attorney, agreed.

He said defense attorneys who travel to take cases in smaller counties tend to take a financial hit. That’s because they get reimbursed a dollar per mile, rather than for the time spent on the travel, something unchanged since Wheeler started practicing law in 2006.

Senator David Wheeler asks a question of one of the investigators during the impeachment trial of attorney General Jason Ravnsborg on Tuesday, June 21, 2022, at the South Dakota State Capitol in Pierre.

But if the UJS, which sets the reimbursement rate for attorneys, were to raise the dollar amount on reimbursement, counties would also be financially impacted.

In large cases, such as abuse and neglect cases, when there are numerous defendants, the county can be tasked with finding multiple attornies.

“How do you provide that service without breaking the bank of counties?” Wheeler said.

What are the goals of the task force?

The task force will include four members appointed by Jensen, three county representatives, two lawyers, two lawmakers, one from the Senate and one from the House of Representatives, a state’s attorney and a member of the attorney general’s office.

They will look at five areas. Those areas include:

Identifying how legal services are delivered in the state to indigent parties in criminal, juvenile, child abuse and neglect cases;

Recommending ways to improve the delivery of legal services to indigent parties;

Recommending methods to provide services for conflict cases where local public defenders may be unable to take cases;

Addressing how to ensure competent representation is provided to indigent parties; and

Identifying potential funding options for the delivery of legal services for indigent parties.

What does the public defender office look like in Minnehaha County?

There are 27 public defenders who make up the public defender’s office located in Sioux Falls, said Traci Smith, head public defender via email.

While the public defender’s office closed 8,112 cases in 2022, up 6% from 2021, she said the numbers don’t often tell the stories of how many clients they represent who have multiple cases.

“A homeless client may have multiple arrests for unlawful occupancy. An addict may have two or three possession of controlled substance charges,” Smith said. “These individuals are not just numbers, but require valuable resources.”

Smith said with the rising cost of indigent defense across the state, she believed the statewide study would be valuable.

This story originally ran in the Sioux Falls Argus Leader. You can read that version here. 

You must be logged in to react.
Click any reaction to login.

Be the first to know

Get local news delivered to your inbox!

Source link


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.
or email us here: myseowritingservices@gmail.com
To find out more about our article writing or blog post services, fill out the form, thank you.

Name *

First

Last

Business Name

Email *

What type of articles are you intertested in?

Submit

The post New South Dakota task force aims to better support attorneys defending residents in legal trouble appeared first on Attorney Legal Counsel.