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I just . . . wow, this one of the best letters I've ever read.

What they should do is simply go to court and say:

"Due to inadequate funding we are not capable of representing this defendant. As the state has effectively kept him from his right to an attorney all charges must be dismissed."
 
Loren Pechtel said:
What they should do is simply go to court and say:

"Due to inadequate funding we are not capable of representing this defendant. As the state has effectively kept him from his right to an attorney all charges must be dismissed."
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...and that would accomplish nothing as the charges would never be dropped.

This, on the other hand, is a brilliant stunt that is a very public and direct attack on the imbecile who orchestrated the problem, and as a result has gained a lot of attention.
 
Apparently I gave out too much rep in the last 24 hours, but this is amazing.
 
It doesn't say the private lawyer can be compelled to serve. So I suppose he can just decline. Yawn.
 
Classic! "You made the bed, now - nighty night!"
 
Don2 (Don1 Revised) said:
It really isn't as simple as he can "just" decline. It has to be done publicly before a judge who makes a determination.

dismal said:
Yawn.
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Why exactly are you yawning? Need coffee?
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No. The public defender has the authority to delegate representation of an indigent defendant to any member of the state bar. That just means the public defender can contract/hire an attorney who is not part of the public defenders office for representation. But you can't force an attorney to represent someone. The governor can just yawn. He doesn't need to go to court. He can just ignore the letter. This letter was obviously not about conscripting the governor as it is for publicity to increase funding.
 
Trausti said:
No. The public defender has the authority to delegate representation of an indigent defendant to any member of the state bar. That just means the public defender can contract/hire an attorney who is not part of the public defenders office for representation. But you can't force an attorney to represent someone. The governor can just yawn. He doesn't need to go to court. He can just ignore the letter. This letter was obviously not about conscripting the governor as it is for publicity to increase funding.
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I wonder if you can be debarred for ignoring it though. Perhaps the Governor doesn't care about being on the bar, but if he were ever to want to continue practicing as a lawyer it could behoove him not to defy a court order.
 
Trausti said:
Don2 (Don1 Revised) said:
It really isn't as simple as he can "just" decline. It has to be done publicly before a judge who makes a determination.



Why exactly are you yawning? Need coffee?
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No. The public defender has the authority to delegate representation of an indigent defendant to any member of the state bar. That just means the public defender can contract/hire ...
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Full stop. "delegate" and "contract" are two separate things. You must not be in management if you don't know the difference.

Trausti said:
...an attorney who is not part of the public defenders office for representation. But you can't force an attorney to represent someone.
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The LAW says he can "delegate" the representation.

The governor can just yawn. He doesn't need to go to court. He can just ignore the letter. This letter was obviously not about conscripting the governor as it is for publicity to increase funding.
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Of course it was about increasing funding, but no the governor cannot just yawn. His media people have to respond to it because it makes him look bad.

Also, you are assuming that the governor will not be taken to court over allegedly not following the law.
 
Apparently, the governor is not just yawning as I just looked up in the news. His communications guy is already responding to the challenge. He claims that section 600.064 says that only a judge can appoint a lawyer to defend someone. However, when you look at the text of the law it says nothing of the sort. Below is the text of the law.

600.064. 1. Before a circuit court judge appoints private counsel to represent an indigent defendant, the judge shall:

(1) Investigate the defendant's financial status to verify that the defendant does not have the means to obtain counsel;

(2) Provide each appointed lawyer, upon request, with an evidentiary hearing as to the propriety of the appointment, taking into consideration the lawyer's right to earn a livelihood and be free from involuntary servitude. If the judge determines after the hearing that the appointment will cause any undue hardship to the lawyer, the judge shall appoint another lawyer; and

(3) Determine whether the private counsel to be appointed possesses the necessary experience, education, and expertise in criminal defense to provide effective assistance of counsel.

2. No judge shall require a lawyer to advance personal funds in any amount for the payment of litigation expenses to prepare a proper defense for an indigent defendant.

3. If an employee of the general assembly is appointed to represent an indigent defendant during the time period beginning January first and ending June first of each year, or whenever the general assembly is in a veto session or special session or is holding out-of-session committee hearings, the judge who made the appointment shall postpone the trial and all other proceedings of any kind or nature to a date that does not fall within such time period or appoint a different lawyer who is not an employee of the general assembly to represent the defendant.

4. Private counsel appointed to represent an indigent defendant may seek payment of litigation expenses from the public defender system. Such litigation expenses shall not include counsel fees and shall be limited to those expenses approved in advance by the director as reasonably necessary for the proper defense of the defendant.
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Don2 (Don1 Revised) said:
Trausti said:
No. The public defender has the authority to delegate representation of an indigent defendant to any member of the state bar. That just means the public defender can contract/hire ...
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Full stop. "delegate" and "contract" are two separate things. You must not be in management if you don't know the difference.

Trausti said:
...an attorney who is not part of the public defenders office for representation. But you can't force an attorney to represent someone.
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The LAW says he can "delegate" the representation.

The governor can just yawn. He doesn't need to go to court. He can just ignore the letter. This letter was obviously not about conscripting the governor as it is for publicity to increase funding.
Click to expand...

Of course it was about increasing funding, but no the governor cannot just yawn. His media people have to respond to it because it makes him look bad.

Also, you are assuming that the governor will not be taken to court over allegedly not following the law.
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You're so confused. Delegate and contract are synonymous in this situation. The public defender has certain authority invested by statute; he can delegate that authority to others. This happens quite frequently, as there are many private law firms who get contracts to do public criminal defense work. Every licensed attorney in a state is a member of that state's bar. The governor would not be braking any law if he just ignored the public defender. (Publicity is a different thing.) The public defender can't just leaf threw the bar directory, pluck out an attorney name, and force that attorney to represent a criminal defendant.
 
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