Stay ConnectedAnyone paying attention can tell you that our criminal legal system is perpetuating cruelty and harm, but the complexity of the legal world overwhelms most people simply trying to get through another day.
Public Defenseless explores the rot in the justice system and what we can do about it. Join host, Hunter Parnell, as he interviews top defense attorneys and criminal justice stakeholders from across the country as they pull apart the convoluted web of our criminal justice system.
Today, Hunter spoke with Michael Garvey and Megan Edge of the ACLU of Alaska to examine the policy history of Alaska that has made it such a pro carceral state. For a brief moment in the mid 2010's, Alaska looked like it would start to turn towards a more rehabilitative model for its criminal legal system. Unfortunately, current Governor Mike Dunleavy had different plans. With his election in 2018, the state shifted right back to its history of being tough on crime and pro carceral. Now, the state is still one of the highest incarcerators in the world, but with little change in the rates of violent crime. Michael and Megan breakdown what that means for the people of Alaska and what can be done about it.
Guests:
Michael Garvey, Advocacy Director, ACLU of Alaska
Megan Edge, Prison Project Director, ACLU of Alaska
Resources:
ACLU of Alaska
Follow Megan on Twitter
Follow Michael on Twitter
The Appeal's Coverage of Alaska Move to Tough on Crime Policies
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Part of the goals of this show is to remind Public Defenders that they are not alone in their fight. There is a massive network across the nation of people from all walks of life fighting both in and out of the court room to try and make a more just legal system. Today, Hunter is once again joined by University of Michigan Professor of Law Eve Primus. This time, Hunter and Eve are talking about the MDefenders latest program, the Data for Defenders. This new tool from the University of Michigan is designed to provide Defenders with motions and brief that incorporate the latest and greatest social science data.
Guests:
Eve Primus, Professor of Law, University of Michigan
Resources:
Data for Defenders
MDefenders
https://www.law.umich.edu/mdefenders/Pages/default.aspx
Follow Eve on Twitter
Eve's Law Review Article
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4232443
Contact Eve
ebrensik@umich.edu
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There may be no Public Defender Union with as long and storied of a history as the New York Legal Aid Society's, and today, Hunter spoke with Chapter Chair of the NY Legal Aid Union, Jane Fox, to discuss the efforts to revitalize that very union. The challenges facing Jane and all Public Defenders in New York City are immense. The crushing criminal caseload is compounded by the cost-of-living crisis impacting the attorneys, staff, and their clients. If Public Defenders and their clients are going to thrive in these difficult conditions, it will be thanks to the tireless efforts of Jane and the Legal Aid Union.
Guests:
Jane Fox, Chapter Chair, NY Legal Aid Society Union, Association of Legal Aid Attorneys
Resources:
ALAA
Follow Jane on Twitter
https://twitter.com/foxsquire?lang=en
Email Jane
JFox@alaa.org
Issues with Mold in Building
https://nysfocus.com/2023/08/28/legal-aid-society-mold-brooklyn
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From the limited discovery, limited access to witnesses, and the limited resources, Federal Public Defenders around the country are fighting for their clients at a massive disadvantage. Today, Hunter spoke with two Federal Public Defenders, Colin Prince and Jay McEntire, to try and understand how and why the deck is so heavily stacked against them. Drawing from their experience as corporate civil litigators, Colin and Jay demonstrate how our society empowers those fighting over money while simultaneously disempowers those fighting for their liberty.
Guests:
Colin Prince, Chief Appellate Attorney, Federal Defenders of Eastern Washington and Idaho
Jay McEntire, Senior Litigator, Federal Defenders of Eastern Washington and Idaho
Resources:
Federal Defenders of Eastern Washington and Idaho
https://www.fdewi.org/index.html
Impending Cuts to Federal Public Defender System
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Montana Public Defense has seen a lot in the 21st century. A lawsuit in the early aughts lead to massive changes and the creation of the state public defender system. Now almost 20 years later, the Montana Public Defense system is still only treading water. Driven by an shortage of attorneys around the state and severe under pay, the system is looking for new, innovative ways to stay afloat. Joining Hunter to discuss these newer data driven approaches is Brett Schandelson, Director of the State Public Defender. With so few attorneys in so much of the state, the challenges ahead of Brett and his team are immense, but the changes he is implementing just might be what saves Public Defense in Montana.
Guests:
Brett Schandelson, Director, Montana Office of the State Public Defender
Resources:
Office of the State Public Defender
https://publicdefender.mt.gov/
Case Refusal Yellowstone County
https://apnews.com/article/courts-montana-billings-5c9b515e281d4f53ca02bc4880226bf8
Broken Defense Coverage of Montana Public Defense
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What can we learn from the successes of other countries? Today, Hunter spoke with Iliana Pujols to compare and contrast the youth criminal legal system where she works in Connecticut and Norway. In particular, we discuss just how far removed from accepted international practices of youth justice, and what needs to be done to break through the American exceptionalism that stops Americans from learning from other countries.
Guests:
Iliana Pujols, Policy Director at Connecticut Justice Alliance, Young Justice Leader Pathfinders for Peace, Justice and Inclusive Societies
Resources:
Pathfinders Young Justice Leaders
Contact Iliana
iliana@ctja.org
Connecticut Justice Alliance
Follow Iliana on Twitter
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As one of the many states without a unified system of Public Defense, the consistency of Public Defense and access to legal services from county to county is wildly inconsistent. Joining Hunter to speak about this justice by geography model is Larry Jefferson, Director of the Office of Public Defense. Despite the name, Larry and his office only hold limited ability to direct and assist in the delivery of Public Defense across Washington. Nonetheless, Larry has dreams of a completely different model for justice that he hopes his office can help lead the state towards.
Guests:
Larry Jefferson Jr., Director, Washington Office of Public Defense,
Resources:
Washington OPD
State v Blake
https://law.justia.com/cases/washington/supreme-court/2021/96873-0.html
Email Larry
larry.jefferson@opd.wa.gov
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Today, Hunter is once again joined by Devin Franklin from the Southern Center for Human Rights to discuss the latest violation of civil liberties in the state of Georgia. Today, they are discussing the recent indictment levied against 61 cop city protesters. As you read over the 100+ page indictment, you will find one consistent theme: the Attorney General of Georgia is doing everything in his power to cage as many people as possible who would dare challenge the power, plans, and policy of the state of Georgia.
Guests:
Devin Franklin, Movement Policy Counsel, Southern Center for Human Rights
Resources:
Cop City Indictment
Coverage on the Indictment
YSL Indictment
https://www.courthousenews.com/wp-content/uploads/2022/05/young-slime-life-indictment.pdf
Intercept Coverage of the Murder of Tortugita
https://theintercept.com/2023/04/20/atlanta-cop-city-protester-autopsy/
Southern Center for Human Rights
https://twitter.com/southerncenter
https://www.schr.org/protecting-dissent-schr-launches-first-amendment-lawyer-bridge/
Stop Cop City
Follow Devin on Twitter
https://twitter.com/BrotherInLawATL
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Today, Hunter spoke with President of the National Association for Public Defense's Board of Directors, Cydni Sanchez, to discuss the NAPD's plan to help Public Defenders around the country implement the new National Workload Standards. With her experience in New Mexico, Cydni is expertly situated to dissect the difficulties of making a workload study like this turn into meaningful policy victories.
Guests:
Cydni Sanchez, President, Board of Directors, National Association for Public Defense, Deputy Chief Public Defender, New Mexico
Resources:
Read the Full Report Here
https://www.rand.org/pubs/research_reports/RRA2559-1.html
New Mexico ABA report
New Mexico Public Defender Website
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Today, Hunter once again sat down with Stephen Hanlon to talk Public Defender Workload Studies. This time, they spoke about the brand new National Workload Standards for Public Defense that are finally out as of today! While it is extremely easy to be pessimistic about the potential for a workload study to lead to meaningful change in Public Defense, this could be a water shed moment. This report provides Public Defenders around the country with the data they need to stand up for themselves and their clients as the workload crisis rages on.
Guests:
Stephen Hanlon, Public Interest Attorney
Resources:
Read the Full Report Here
https://www.rand.org/pubs/research_reports/RRA2559-1.html
Lawyer Hanlon
Stephen Hanlon Law Review Article
https://www.slu.edu/law/law-journal/pdfs/issues-archive/v61-no4/stephen_hanlon_article.pdf
State v Waters
https://casetext.com/case/state-ex-rel-mo-pub-defender-commn-v-waters
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