Fight ‘Em ‘Til We Can’t

Is it a conflict of interest for the Regional Deputy Public Defender in a region to be the son of one of the few District Court judges in that region? The Cascade County Attorney is saying he thinks it is. Is this a stunt by the CAO to give its opposition just another headache to deal with, or is it a real issue?

Not necessarily related, but I just noticed the Great Falls Tribune features a column written by a cop. From the column title it looks more like Officer Friendly propaganda pablum than any real insight into the cop mind, but probably worth a little more exploration…

The Billings media is all abuzz about a nearby small town cop who arrested someone for misdemeanor DUI and negligent endangerment after the cop shot at the guy through the windshield of his own patrol car. Yeah. Video available at the above link, w/more here and here.

Also in the local headlines, a high speed chase took another life Friday morning. There are some jurisdictions that have made it illegal for cops to pursue at high speeds in urban areas. The logic is: If you don’t chase at high speeds, people are much less likely to drive at high speeds where doing so puts many people at risk. Get the license plate, send cars ahead, monitor the suspect, and pick that person up later. Could such a tactic have saved this woman’s life? We’ll never know, but it certainly makes sense to me.

Unfortunately, it looks like the victim’s family won’t be able to sue the pursuing cops, at least it doesn’t sound like it based on this report of a 2007 SCOTUS decision on a similar issue. More comment here, w/links to what was apparently the decisve cop car video in the case, which was Scott v. Harris. Fascinating. Someday I’d love to have time to dig deeper into this, but it’s not going to be today….

For something completely different, here’s how a federal jury is picked in Billings and that “Montana is the largest geographically of the 94 judicial districts in the continental U.S.,” meaning some jurors might have to drive nearly 300 miles to appear for jury duty. Crazy. Also in the story: A potentially good voir dire question when you think race might be a factor in your case: “Do you tell jokes about minorities?” It’s amazing how many people do, which is just one reason why Judge Cebull’s claim that race “doesn’t matter to Montana juries” is naive at best. Montana is somehow the only place in the country that sees no color? Riiiiight.

Almost anyone involved with the Office of the State Public Defender in Montana can tell you: This first 18 months has been a little rocky. There’s not enough money and that means there’s not enough people or other resources to fulfill the mandates set for the Office by the legislature and the ACLU case that started this whole ball rolling. Of course, those are the same problems plaguing indigent defense systems nationwide; usually it’s just a matter of degree. Take, for example, Missouri, where it appears things have truly reached a state of crisis.

That story doesn’t provide much detail, but it does suggest the attorneys are stuck between a rock and a hard place. The courts are saying they’re personally liable for inadequate or ineffective assistance of counsel, regardless of the fact that the legislature won’t provide them the resources they need to do their jobs. So what is a lawyer to do? Have they begun refusing to take cases? That might be a start. Of course, then the article says the legislature is “considering” a bill that would allow the lawyers to refuse to take case. Um, what? You mean to say there’s some law saying they can’t refuse? Even when their rules of professional conduct say they must refuse if they cannot adequately represent new clients? Whoa.

Obviously no matter how bad things seem, they could always get worse….

Meanwhile, it sounds like the Vermont Supreme Court just issued a fascinating opinion on speedy trial delays. If the news article is correct, it says that public defenders are part of “the state,” so delay caused by a public defender is attributable to the state, not to the defendant. Crazy. I mean, it actually might be a more fair way to look at it in many cases where a public defender’s heavy workload means he/she isn’t ready for trial and has to ask for more time through no fault of the defendant, but still, this decision would turn speedy trial analysis upside down in Montana.

A young man in Evergreen, MT (near Kalispell) is being charged with negligent homicide after a 19-month old girl he was supposed to be watching allegedly picked up the loaded pistol he had beside him on his bed and ended up shot in the head when he tried to grab the pistol back from the child. Whatever happened, this story is a very sad one.

Just two things: First, the JP up there set bond for this young man at $200k; if this had happened in Billings I would not have been surprised to see $500k or more. We’ve seen a couple $1 million bonds in the last year, which is insane.

Second, in light of stories like this, how can anyone seriously argue that the solution to violent crime is for more people to be armed? (E.g., here or here.) I realize the issues are not identical — guns in private homes v. guns in public places such as schools, but still, what seems clear is that more people w/more guns means more deaths.

Stearns was represented in court by public defender Carl Jensen, who tried to persuade McKittrick not to impose a life sentence because Stearns is appealing his Ravalli County conviction to the Montana Supreme Court. ⇒

NJ: The former head of the Hudson County Public Defender’s Office was expected to be sworn in last night as an Essex County Superior Court judge in a ceremony in Newark. ⇒ Crazy. I can’t see anything like this ever happening here…

NH: But does wealth mean a superior defense in capital murder cases, which can cost between $1 million and $3 million to defend? The answer depends on whom you ask. ⇒

Salvagni, 60, announced his intention Friday to seek a third term when voters go to the polls in November. The two-term district judge is currently running unopposed. Each term is six years. ⇒

Justice of the Peace Donald Strine ruled that officers who aided in the rescue needed a search warrant before removing the dogs, who were discovered living in a sea of their own feces and urine inside four dilapidated mobile homes and camp trailers a mile off Blue Slide Road west of Thompson Falls. ⇒

“I will go to my grave believing these people just sent an innocent man to prison for the rest of his life,” said Melody Brown, public defender. ⇒