Public Defenders

Judge faces ethics probe after lawyer claims denied bathroom break led to courtroom accident

A Georgia judge acknowledges she is facing an ethics investigation over allegations she denied a bathroom break to a public defender who says she tried to catch the judge’s attention by mouthing the word “bathroom” and passing along a note. But Judge Courtney Johnson of DeKalb County tells the Atlanta…

Sep 19, 2017 7:00 AM CDT

Public defender with 110 post-conviction cases gets stayed suspension for neglecting clients

The Missouri Supreme Court has imposed a stayed suspension with a one-year license probation period on a public defender who said he provided inadequate client representation partly because of a heavy and unreasonable caseload. Karl Hinkebein, a Columbia public defender who handled petitions for post-conviction relief, received the stayed suspension…

Sep 18, 2017 7:45 AM CDT

Judge rules out death penalty for mass killer over Orange County prosecutors’ misconduct

The worst mass killer in the history of Orange County, California, will not get the death penalty because of systemic misconduct by the district attorney’s office and sheriff’s department, a judge ruled Friday morning. The Orange County Register, OC Weekly and Southern California Public Radio say Judge Thomas Goethals removed…

Aug 18, 2017 3:01 PM CDT

Attorney appointed to represent driver at Charlottesville rally is plaintiff in suit against city

A lawyer appointed to represent a man facing a second-degree murder charge in the death of a counterprotester during a rally of white nationalists and similar groups on Saturday in Charlottesville, Virginia, is also a plaintiff in a lawsuit that seeks to keep Confederate statues in place in two city…

Aug 16, 2017 10:51 AM CDT

Suit claims public defender is unqualified

A California lawyer has filed an amended lawsuit alleging the public defender in Humboldt County doesn’t meet the state qualifications to hold office.

Jul 31, 2017 7:00 AM CDT

Lawyers demonstrate patriotism through helping others and expanding access to justice

As America celebrates its 241st anniversary, we, as lawyers, should reflect on the vital role our profession has played in the building, governance, and preservation of our democracy.

Jul 1, 2017 12:35 AM CDT

Inmate attacks lawyer at one hearing, struggles with bailiffs at another

A Washington state inmate attacked his own lawyer during a sentencing hearing last Friday and then struggled with four bailiffs in a return court appearance on Wednesday. The inmate, 27-year-old Jose Linares, appeared to resist the bailiffs who escorted him into the Yakima courtroom, report KOMO News and KIMA-TV. Linares…

Jun 15, 2017 2:53 PM CDT

New Mexico’s top court should acknowledge excessive PD workloads and craft remedy, ABA says

An amicus brief filed by the ABA says the New Mexico Supreme Court should acknowledge public defenders have excessive caseloads in Lea County and craft a remedy that considers lawyers’ ethical obligations.

Jun 6, 2017 11:12 AM CDT

Lawyer accused of overbilling state is on the lam, but follows prosecutor on Twitter

A West Virginia lawyer accused of billing the state for work never performed didn’t show up for his arraignment last summer, but he is following an assistant prosecutor on Twitter. The lawyer, William Lester, is accused of fraudulent schemes and computer fraud, the Charleston Gazette-Mail reports. Over a two-year period,…

May 15, 2017 11:51 AM CDT

5th Circuit upholds fine for lawyer who refused judge’s request for a yes-or-no answer

A federal judge didn’t abuse his discretion when he imposed a $500 fine on an assistant public defender who refused to give a yes-or-no answer. The New Orleans-based 5th U.S. Circuit Court of Appeals last week upheld the fine imposed on William Hermesmeyer, the Houston Chronicle reports. The appeals court’s…

May 9, 2017 7:00 AM CDT

Court-appointed lawyers in Maine will have to wait for payment because of budget shortfall

Court-appointed lawyers for indigent defendants in Maine won’t get paid until July 1 because the state budget to pay them has been depleted. The state legislature had appropriated $2.9 million less than the amount requested for indigent defense, then did not provide supplemental funding, the Portland Press Herald reports. Maine…

May 5, 2017 7:00 AM CDT

Public defenders allege prosecutor’s office filing unwarranted charges against them

At least four lawyers and investigators for the public defender’s office in Orleans Parish, Louisiana, say they were charged with crimes for legal conduct that was part of their jobs, and two others have been threatened with charges, the Guardian reported Monday. The charges include kidnapping against an investigator who…

May 2, 2017 8:00 AM CDT

Oklahoma death penalty moratorium should continue until flaws are addressed, commission says

An independent commission is recommending that Oklahoma’s moratorium on the death penalty be extended until reforms can address “the volume and seriousness of the flaws” in the state’s capital punishment system. One of the commission co-chairs, former Oklahoma Gov. Brad Henry, announced the study findings at a press conference Tuesday,…

Apr 26, 2017 12:51 PM CDT

Lawyer accused of billing over 24 hours in a day suspended; but official said others were worse

West Virginia’s top court imposed a two-year suspension on a lawyer who submitted bills for court-appointed work for more than 24 hours a day on two different occasions. The sanction imposed on Michael Cooke by the West Virginia Supreme Court of Appeals was higher than the 18 months recommended by…

Apr 26, 2017 8:00 AM CDT

For the first time, New York will provide some state funding for indigent defense

For the first time since Gideon v. Wainwright, the state of New York will provide some state funding for indigent defense services, the New York Law Journal (sub. req.) reports. The funding came in the state’s 2017-2018 budget, signed by Gov. Andrew M. Cuomo, a Democrat, on Monday. It establishes…

Apr 14, 2017 3:45 PM CDT