Energy Boom in North Dakota Pushes Indigent Defense System Near ‘Constitutional Crisis,’ Report Says

The energy boom in North Dakota has lowered the unemployment rate to 2.9 percent but led to dramatic increases in crime, straining the indigent defense system, according to a report by a state bar association task force. The report concludes North Dakota’s Commission on Legal Counsel for Indigents is on…

Aug 22, 2012 3:26 PM CDT

ABA House Urges Criminal Defense Lawyers to Address Clients’ Civil and Nonlegal Problems

Criminal defense lawyers and defender organizations are being urged to go beyond the criminal legal needs of their clients in a resolution approved Monday by the ABA House of Delegates. Resolution 107C says these lawyers and groups should also link with civil practitioners, civil legal services and social service providers…

Aug 6, 2012 10:09 PM CDT

Lady of the Last Chance: Lawyer Makes Her Mark Getting Convicts off Death Row

Aug 1, 2012 9:39 AM CDT

Top Minn. Court Says Public Defender Erred By ‘Advocating’ Forfeiture of Client’s Right to Counsel

Clearly, Jeffrey Arthur Krause did not get along with his appointed assistant Minnesota public defender. In an affidavit, the lawyer said he was fearful for his safety, after Krause made threatening comments to him. Krause denied that in a letter, but it wasn’t allowed into evidence during a hearing on…

Jul 25, 2012 6:06 PM CDT

Prominent Utah Criminal Defense Attorney Says Man Who Stabbed Him at Home Was a Stranger

Stabbed by in his Salt Lake City home earlier this month, a prominent Utah criminal defense attorney told reporters in a Tuesday email that the intruder who attacked him was a total stranger to him. Steven B. Killpack, 63, escaped and sought help from neighbors. The alleged intruder, who has…

Jul 17, 2012 10:13 PM CDT

Defense Lawyers Say They Get Less Than Minimum Wage for ‘Token Representation’ Under New Fla. Law

A new Florida law that went into effect on July 1 is intended to cut the cost to the state of court-appointed public defenders. But the new flat fees it imposes for all cases except first-degree murder and racketeering means that defense attorneys can get less than less than the…

Jul 16, 2012 3:44 PM CDT

‘Indigent’ Defendants Must Prove Financial Status and Tap Retirement Accounts, Top Mass. Court Rules

In a series of rulings, the Supreme Judicial Court of Massachusetts has ratcheted up the requirements for obtaining a taxpayer-funded defense in criminal cases, the Associated Press reports. It is up to the defendant to prove his or her indigent status, by a preponderance of the evidence, the court held…

Jul 13, 2012 7:54 PM CDT

Woman Accused of Misusing Popular Tax Software to Obtain $2.1M Tax Refund Asks for Public Defender

An Oregon woman accused of using TurboTax to file a falsified return and obtain a $2.1 million state tax refund to which she wasn’t entitled has requested a public defender. Krystle Marie Reyes, 25, was granted the PD by Marion County Circuit Judge Joseph Ochoa on Thursday, as she appeared…

Jul 5, 2012 10:38 PM CDT

Prominent Utah Attorney Is Stabbed; Steven Killpack, Former Public Defender, Stable After Surgery

A prominent Utah defense attorney was stabbed in the vicinity of his home on Thursday morning, which is not far from his law office. Steven B. Killpack, 63, survived, and authorities are hoping he will be able to tell them more about what happened. He walked about half a block,…

Jul 5, 2012 7:12 PM CDT

Lawyer’s Suit Claims He Was Denied Indigent Defense Work Because of His Race

A Tennessee lawyer has filed a lawsuit alleging he was denied indigent defense work because he is East Indian. The suit filed in federal court in Knoxville names Knox County and its general sessions court as defendants, the Knoxville News Sentinel reports. Lawyer Arun Rattan writes in his pro se…

Jul 2, 2012 10:30 AM CDT

How to Meet New Caseload Limit for Wash. Public Defenders? Some Towns May File Fewer Cases

Caseload limits for lawyers representing criminal defendants at public expense are not a new concept. But standards adopted earlier this month by the Washington Supreme Court at the recommendation of the Washington State Bar Association include a mechanism for enforcing them. Those who defend the indigent will have to certify…

Jun 26, 2012 4:57 PM CDT

Deputy Public Defender Sues Tucson, Ariz., Over Claimed Harassment by Municipal Judge

A deputy public defender has filed a federal lawsuit against the city of Tucson, Ariz., alleging that she was sexually harassed by a municipal judge. Although the claimed harasser isn’t named as a defendant by Sharolynn Griffiths, the Arizona Daily Star says he is a former municipal judge who resigned…

Jun 7, 2012 10:29 PM CDT

Chemerinsky: Effective Assistance of Counsel Now a Right in Plea Bargaining

As the flurry of end of the term decisions is about to begin from the U.S. Supreme Court, it is important to not lose sight of two cases that are likely to have a dramatic effect on lawyers and judges. In Missouri v. Frye and Lefler v. Cooper, the Supreme…

Jun 4, 2012 1:45 PM CDT

Please Plea Me: Court Expands Effective Assistance of Counsel

Jun 1, 2012 8:20 AM CDT

Ethics Complaint Against Ex-PD Includes Allegation She Used the S-Word in Court

An ethics complaint against a former assistant public defender in Cook County includes allegations that she yelled and said the S-word in court. Therese Cesar Garza is accused of failing to communicate plea offers and disclosing confidential information about her clients to the judge, the Legal Profession Blog reports. In…

May 8, 2012 10:30 AM CDT