Afleveringen
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Today, Hunter is joined once again by Jessica Brand and Adrienne Johnson of the Wren Collective. This time, Jessica and Adrienne join to discuss their recent report about the failings of Public Defense in Nueces County, Texas.
Guests:
Jessica Brand, Founder, Wren Collective
Adrienne Johnson, Senior Counsel, Wren Collective
Resources:
Wren Collective Website
https://www.wrencollective.org/
Wren Collective Report
https://www.wrencollective.orgfiles/ugd/8fe8f057ace02e045642318ef78fa366f9c32d.pdf
Contact Hunter Parnell:
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@PublicDefenselessPodcast
Twitter
@PDefenselessPod
www.publicdefenseless.com
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Today, Hunter is joined by former whistleblower Brittany Iriart and Civil Rights Attorney Andy McNulty to discuss a scandalous coverup with the Denver Sheriffs Department. When she moved to a civilian oversight position with the Denver Sheriff, Brittany hoped to bring some much needed accountability to a department with a history of burying misconduct. Unfortunately, the incremental changes around the edges did little to reign in a department that viewed itself above the law.
Guests:
Brittany Iriart, Former Whistle Blower, Colorado
Andy McNulty, Civil Rights Attorney, Newman McNulty, Denver, Colorado
Resources:
Coverage of Brittany’s Case
https://whistleblowersblog.org/whistleblower-of-the-week/brittany-marie-iriart/
https://kdvr.com/news/problem-solvers/denver-whistleblower-loses-job/
https://kdvr.com/news/problem-solvers/denver-whistleblower-put-on-administrative-leave-after-speaking-out-about-deputy-punching-inmate-in-wheelchair/
https://kdvr.com/news/problem-solvers/video-shows-denver-deputy-punch-inmate-in-wheelchair/
https://kdvr.com/news/problem-solvers/denver-pays-175k-to-fired-whistleblower-who-tipped-off-the-problem-solvers/
https://www.9news.com/article/news/local/next/denver-whistle-blower-claims-deputy-discipline-is-broken/73-fce759b7-def2-46a7-9ebe-36d39a3bfedd
https://www.aljazeera.com/videos/2020/7/10/whistle-blower-protection-calls-to-defend-those-who-speak-up
Contact Andy
https://nmlaw.squarespace.com/whistleblower-wins
Government Accountability Project
https://whistleblower.org/wp-content/uploads/2022/05/NewMayGovAcctProj_Blue-Wall-of-Silence-Report231.pdf
Other Issues with Denver Sheriff
https://www.9news.com/article/news/investigations/allegations-ties-gangs-denver-sheriffs-department-never-fully-investigated/73-8492c480-b933-448c-902a-598a50ba3274
https://www.9news.com/article/news/local/investigations/independent-monitor-denver-sheriffs-department-internal-affairs-investigation-flawed/73-529774856
https://www.westword.com/news/denver-sheriff-internal-affairs-bureau-to-be-put-under-civilian-control-11011209
https://www.westword.com/news/chris-colbrunos-naked-march-at-center-of-denver-sheriff-whistleblower-lawsuit-6771556
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Zijn er afleveringen die ontbreken?
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Today, Hunter is joined by Colorado Newsline Journalist Chase Woodruff. Over the past several weeks, Aurora, Colorado has been thrust into the national spotlight thanks to right wing media and politicians. Despite their many sensationalist claims, Aurora and the state at large have not in fact been taken over by Venezuelan gangs. Today’s episode is meant to help compile reporting and walk through some of the “evidence” that have been paraded out so that you can have a more informed understanding of how we got here.
Guests:
Chase Woodruff, Journalist, Colorado Newsline
Resources:
Aurora City Council and The Public Defender
https://x.com/maxamillianlevy/status/1778532516099772871
https://x.com/PDefenselessPod/status/1767741717598421010
https://x.com/PDefenselessPod/status/1762647344493809895
https://x.com/PDefenselessPod/status/1715131506861945192
The July 28 Incident
https://www.facebook.com/watch/?v=1036818568011331
https://sentinelcolorado.com/metro/aurora-cops-counter-social-media-accounts-of-unruly-throng-at-aurora-shopping-center-watching-venezuelan-election-results/
https://www.facebook.com/DanielleForAurora/posts/1012880767513650?ref=embed_post
https://www.facebook.com/AuroraCOPD/posts/misinformation-has-spread-on-social-media-regarding-the-large-gathering-on-sunda/875139524650906/
Danelle Jurinsky on Fox News
https://www.foxnews.com/video/6361740992112
https://www.foxnews.com/us/suspected-tren-de-aragua-gang-members-aurora-colorado-released-1000-bond
https://www.foxnews.com/video/6361627530112
https://www.foxnews.com/video/6361224247112
https://www.foxnews.com/opinion/auroras-violent-gang-problem-didnt-happen-over-night
https://www.foxnews.com/video/6361582011112
Coverage of The Venezuelan Gang
https://x.com/dcwoodruff/status/1831748770197074264
https://denverite.com/2024/09/04/venezuelan-gang-aurora-colorado-factcheck/
https://coloradonewsline.com/2024/09/04/disputing-claims-of-gang-takeover-aurora-tenants-protest-slumlord-owner/
https://sentinelcolorado.com/metro/aurora-committed-to-shutting-down-slum-lord-apartment-complex-7-a-m-tuesday/
https://sentinelcolorado.com/metro/aurora-committed-to-shutting-down-slum-lord-apartment-complex-7-a-m-tuesday/
OP ED by Sengenberger
https://denvergazette.com/opinion/columns/venezuelan-gangs-run-amok-in-aurora-jimmy-sengenberger/article_05c9423e-55b1-532d-b42e-88ff82ccc031.html
Thread with the Letter
https://x.com/PDefenselessPod/status/1832177118240759833
Issues with Gang Databases
https://scholarship.law.stjohns.edu/lawreview/vol94/iss4/11/
https://www.naacpldf.org/press-release/ldf-responds-to-department-of-investigations-findings-regarding-the-nypds-criminal-group-database/
https://www.latimes.com/california/story/2020-07-14/california-bars-police-from-using-lapd-records-in-gang-database-as-scandal-widens
https://www.latimes.com/california/story/2020-06-24/california-police-urged-to-stop-using-gang-database-deemed-biased
https://www.reuters.com/legal/government/dcs-gang-database-highlights-unconstitutional-systems-nationwide-2022-01-19/
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Today, Hunter is joined by Jessica Pishko to discuss her new book The Highest Law in the Land: How the Unchecked Power of Sheriffs Threatens Democracy. So far on the show, Hunter has spent a lot of time discussing the corruption and abuses of police and prosecutors, but the show has not spent much time discussing the issues of sheriffs. Thanks to years of incredible investigative journalism, Jessica provides an in depth and distributing account for how sheriffs around the country are posing a threat to civil liberties and our systems of checks and balances.
Guests:
Jessica Pishko, Lawyer, Journalist, and Author
Resources:
Pick up a copy of the book here
https://www.amazon.com/Highest-Law-Land-Unchecked-Threatens/dp/0593471318
Check out Jessica’s Substack
https://sheriffs.substack.com/
Follow Jessica on Twitter
https://x.com/JessPish?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor
Mark Lamb Prison Controversy
https://azluminaria.org/2023/09/29/pinal-sheriff-mark-lambs-office-spent-200k-on-guns-and-ammo-from-an-inmate-welfare-fund/
Joe Arpaio
https://www.aclu.org/press-releases/federal-court-rules-arizona-sheriff-joe-arpaio-violated-us-constitution
https://www.npr.org/2021/10/29/1050490391/joe-arpaio-legal-costs-100-million-arizona-sheriff
Contact Hunter Parnell:
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www.publicdefenseless.com
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Today, Hunter is joined by Lisa Wayne, the Executive Director of the National Association of Criminal Defense Lawyers. In this episode, Lisa and Hunter discuss how NACDL is trying to help give Public and Private Defenders the tools, skills, and policies they need to fight for their clients in and out of the court room.
Guests:
Lisa Wayne, Executive Director, National Association of Criminal Defense Lawyers
Resources:
Trial Penalty
https://www.nacdl.org/Landing/TheTrialPenalty
NACDL
https://www.nacdl.org/
https://www.facebook.com/NACDL
https://x.com/NACDL
https://www.instagram.com/nacdl/
https://www.tiktok.com/@nacdlofficial
Contact Hunter Parnell:
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@PublicDefenselessPodcast
Twitter
@PDefenselessPod
www.publicdefenseless.com
Subscribe to the Patron
www.patreon.com/PublicDefenselessPodcast
Donate on PayPal
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Today, Hunter is by two Colorado State Public Defenders, James Hardy and Kayleigh TenBarge. When this episode was first recorded, James, Kayleigh, and Hunter were primarily focused on a piece of legislation that the Defenders Union of Colorado attempted and failed to get through the state house. That bill sought to get workload standards in place in Colorado by mid-2025. After recording that segment, an audit of the Colorado State Public Defender dropped, and revealed that at least 46% and maybe as many as 99% of Public Defenders in Colorado are exceeding workloads. Considering that, OSPD has stated they will get a workload standard by mid-2026. But why the wait? What will happen in the interim? What relief will come to an increasingly overloaded system?
Guests:
Kayleigh TenBarge, Public Defender, Colorado, Secretary, Defenders Union of Colorado
James Hardy, Appellate Public Defender, Colorado, Executive Board Co-Chair, Defenders Union of Colorado
Resources:
Audit of the Colorado Public Defender
https://leg.colorado.gov/sites/default/files/documents/audits/2354p_office_of_the_state_public_defender.pdf
Defenders Union of Coloradohttps://www.defendersunionco.org/
Defenders Union of Colorado Back Bill
https://www.lawweekcolorado.com/article/defenders-union-of-colorado-backs-public-defender-workload-study-bill/
Ethics Opinion
https://www.cobar.org/Portals/COBAR/11.07.22/FINAL%20Opinion%20146%20-%20duty%20of%20workload%20opinion(7184264.1).pdf?ver=RVD5XQ5MbrWfJOOOtcABBw%3d%3d)
Bill
https://leg.colorado.gov/bills/hb24-1289
Email Kayleigh
Email DUC
Defenders Union of Colorado Instagram
https://www.instagram.com/defenders_union_of_colorado/
Contact Hunter Parnell:
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@PublicDefenselessPodcast
Twitter
@PDefenselessPod
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Today, Hunter is joined by Professor Rachel Kincaid to talk about her recent law review article about the junk science excited delirium. Through her research, we can trace how this science steeped in racism has been able to infect the legal system and provide police a shield for their unlawful uses of force.
Guests:
Rachel Kincaid, Professor of Law, Baylor University
Resources:
Read Rachel’s Article
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4831202
Professor Kincaid’s Faculty Page
https://law.baylor.edu/person/rachel-kincaid
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Today, Hunter is joined by our first North Carolina Public Defender, Beth Stang. Today, we will be discussing all that is going right, going wrong, and what the future holds for Public Defense in Beth’s office that covers Henderson, Transylvania, and Polk counties.
Guests:
Beth Stang, Chief Public Defender, Henderson, Transylvania, and Polk County, North Carolina
Resources:
Email Beth
Contact Hunter Parnell:
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Today, Hunter is joined once again by Alex Kornya to discuss the intersection between the criminal and civil legal systems. Last time, Alex detailed how fines and fees abuse people in the criminal and civil legal systems, and today, Alex joins us to discuss crime nuisance ordinances and “Crime Free” Housing programs.
Guests:
Alex Kornya, Litigation Director and General Counsel, Iowa Legal Aid
Resources:
2020 story from the Atlantic about this issue and some history:
https://www.theatlantic.com/politics/archive/2020/03/crime-free-housing-lets-police-influence-landlords/605728/
HUD guidance on how crime nuisance ordinances may violate the Fair Housing Act:
https://www.hud.gov/sites/documents/FINALNUISANCEORDGDNCE.PDF
DOJ Reinforces Previous Guidance on Crime Nuisance
https://www.justice.gov/d9/2024-08/doj_crime-free_and_nuisance_letter.pdf?utm_campaign=justicegrants&utm_medium=email&utm_source=govdelivery
Justice Department Secures Landmark Agreement with City of Anoka, Minnesota, to End Disability Discrimination in “Crime-Free” Housing Program
https://www.justice.gov/opa/pr/justice-department-secures-landmark-agreement-city-anoka-minnesota-end-disability
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Today, Hunter is joined by journalist Jeremiah Hayden. Over the past several months, Jeremiah has been covering the reality for homeless people in Grants Pass, Oregon. If you are familiar with that town, it is likely because it was the town at the center of the recent Supreme Court case saying it was okay to criminalize homeless people. Instead of diving into the decision, Jeremiah is here to help people understand what it was like for a homeless person living in the town and what will happen now that their very existence can be criminalized.
at around 55 minutes, Hunter said the city of Vail paid $26 million to not build affordable housing. The actual figure is $17 million
https://coloradosun.com/2023/09/21/vail-condemnation-bighorn-housing-land/#:~:text=The%20Town%20of%20Vail%20will,the%20town%20and%20the%20company.
Guests:
Jeremiah Hayden, Staff Reporter, Street Roots, Portland Oregon
Resources:
Street Roots
https://www.streetroots.org/
Street Roots Reporting on Grants Pass
https://www.streetroots.org/news/archive/grants%2520pass
Grants Pass Decision
https://www.supremecourt.gov/opinions/23pdf/23-175_19m2.pdf
Martin v Boise
https://cdn.ca9.uscourts.gov/datastore/opinions/2019/04/01/15-35845.pdf
Gospel Mission Rescue
https://kobi5.com/news/grants-pass-mayor-reacts-to-controversial-video-posted-by-gospel-mission-227140/
The Appeal's Coverage on Policies post Grants Pass
https://theappeal.org/supreme-court-homelessness-grants-pass-ruling-camping-bans/
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Today, Hunter is joined once again by Alexandra Bailey, senior campaign strategist with the Sentencing Project, to discuss how her and a coalition of amazing activists were able to get a Domestic Violence Survivor Justice Act passed in Oklahoma.
Guests:
Alexandra Bailey, Senior Campaign Strategist, The Sentencing Project
Resources:
OK Survivor Justice Coalition
https://oksurvivorjusticecoalition.org/legislation
Sentencing Project
https://www.sentencingproject.org/
Email Alexandra
[email protected]Coverage of the Bill
https://boltsmag.org/oklahoma-survivors-act/
https://www.sentencingproject.org/press-releases/oklahoma-survivor-justice-coalition-applauds-governor-for-signing-the-oklahoma-survivors-act/
https://www.sentencingproject.org/newsletter/oklahoma-survivors-act-overcomes-veto/
https://www.kjrh.com/news/local-news/just-the-start-domestic-violence-survivors-react-to-new-law
https://ktul.com/news/local/one-on-one-ok-gov-stitt-champions-the-newly-passed-domestic-violence-bill-survivor-victime-abuse-governor-oklahoma-justice-act
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Today, Hunter is joined once again by Ricardo Garcia and joining the show for the first time Marcus Huntley. On today’s show, Ricardo and Marcus detail how they were able to get a mobile court established in Los Angeles that brings court to a location that is easier for their clients to access.
Guests:
Ricardo Garcia, Chief Public Defender, Los Angeles Public Defender
Marcus Huntley, Head Deputy of Collaborative & Restorative Justice, Los Angeles Public Defender
Resources:
Email Marcus
Email Ricardo
Articles on Community Court
https://abc7.com/post/la-county-community-outreach-court-program-life-altering/14834255/
https://lacounty.gov/2024/03/21/los-angeles-county-public-defenders-office-announces-collaborative-launch-of-community-outreach-court-coc/
https://www.latimes.com/california/story/2024-03-21/l-a-leaders-launch-new-program-to-help-unhoused-people-navigate-court-system
Contact Hunter Parnell:
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Today, Hunter is joined by Erica Nichols Cook, an Iowa State Public Defender and Director of the Iowa State Public Defense Wrongful Conviction Unit. On today’s episode, we are discussing the case of Mr. Bill Beeman, a client of Erica’s. In this case you will hear about a shoddy investigation, Brady violations, ineffective assistance of counsel, and the destruction of evidence that would exonerate Mr. Beeman.
Guests: Erica Nichols Cook, Director Wrongful Conviction Unit, Iowa Public Defender
Resources:
Drake Law School Wrongful Conviction Clinic
https://www.drake.edu/law/clinics-centers/clinic/wrongfulconvictionsclinic/
Contact Erica
West Virginia Law Review Article Young Blood
https://researchrepository.wvu.edu/cgi/viewcontent.cgi?article=6199&context=wvlr
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Today, Hunter is joined by Kathrina “Kasia” Szymborski Wolfkot from the Brennan Center for Justice. On today’s episode, Hunter and Kasia explore a rare area for hope on the show: State Courts. While much of the focus of teaching and discussion about our legal system starts and ends with the Supreme Court, state courts offer a path to meaningful, major changes to our criminal and constitutional legal systems.
Guests: Kathrina (Kasia) Szymborski Wolfkot, Senior Counsel, Brenan Center for Justice, Managing Editor of the State Court Report
Resources:
Commonweatth v Mattis
https://caselaw.findlaw.com/court/ma-supreme-judicial-court/115703895.html
New Yorker on State Supreme Courts
https://www.newyorker.com/magazine/2024/06/10/can-state-supreme-courts-preserve-or-expand-rights
State Court Report
https://statecourtreport.org/
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Today, Hunter is joined by the Sixth Amendment Center’s Deputy Director Aditi Goel. This time, Hunter and Aditi the Sixth Amendment Center’s newest report on the state of Public Defense on the island of Guam. Relative to Public Defense systems in the continental United States, Guam’s Public Defender system is in its infancy, but the problems are familiar. Lack of independence, lack of lawyers, and an Attorney General who thinks better Public Defense=more crime all create a system that is in desperate need of help. Fortunately, the Public Defender Community on the island are deeply committed to getting Guam’s Public Defender system to where it needs to be.
Guests: Aditi Goel, Deputy Director, Sixth Amendment Center
Resources:
Sixth Amendment Center Report on Guam
https://6ac.org/guam-report-finds-undue-judicial-influence-over-indigent-defense/
Guam AG comments
https://www.postguam.com/news/local/excellent-way-to-promote-crime-ag-opposes-public-defender-raises/article_c7900544-a83a-11ed-85d5-e35c64218b11.html
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Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show!
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Today, Hunter is joined by professor Samantha Simon, an Assistant Professor of Sociology at the University of Arizona. This episode is a deep dive into Professor Simon’s book, Before the Badge: How the Academy Training Shapes Police Violence. In it, Professor Simon embed herself into various police academy training programs to try and understand how police academies select, train, and prepare the next generation of police officers. Through her work, we gain an excellent insight into the challenges with changing the culture of violence that is so prevalent in American policing.
Guests: Samantha Simon PhD, Professor of Sociology, University of Arizona
Resources:
Professor Simon’s Faculty Page
https://sociology.arizona.edu/person/samantha-simon
Pick up a Copy of Before the Badge
https://nyupress.org/9781479813278/before-the-badge/
Coverage of SrA Roger Fortson
https://weartv.com/news/local/okaloosa-county-community-rallies-for-justice-at-town-hall-after-sra-fortsons-shooting
https://weartv.com/news/local/hurlburt-field-airman-identified-as-man-shot-dead-in-officer-involved-shooting#
https://weartv.com/news/local/okaloosa-county-sheriffs-office-fires-deputy-involved-in-fatal-air-force-airman-shooting#
Donate to SrA Roger Fortson's GoFundMe
https://www.gofundme.com/f/support-for-roger-fortsons-family?utm_campaign=p_lico+share-sheet-first-launch&utm_medium=copy_link&utm_source=customer&fbclid=IwY2xjawEozoVleHRuA2FlbQIxMQABHcJZA1zzyqnX9Gj0dRPFSA-dHsXjCSwYo7rgUtqYxhV5ht-z5vqGwvKqUg_aem_vERgrg-mtU7gJj4lZ281cw
Contact Hunter Parnell:
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www.patreon.com/PublicDefenselessPodcast
Donate on PayPal
https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ
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Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show!
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Today, Hunter is joined by Jim Billings, the Executive Director of the Maine Commission on Public Defense Services. At the very start of the show, Hunter spoke with then Executive Director of the Maine Commission on Indigent Legal Services, Justin Andrus, to discuss the problems facing Maine Public Defense. As a reminder, Maine was the only state that relied 100% on contract lawyers and no full time public defense offices. Since then, the crisis has only worsened. There are hundreds of people currently without counsel, and while the long term outlook looks promising, the short to medium term outlook face serious problems.
Guests: Jim Billings, Executive Director, Maine Commission on Public Defense Services
Resources:
Maine Unrepresented Crisis
https://www.aclumaine.org/en/mainesgrowingcrisis
Man released after bail lowered due to lack of Public Defenders
https://www.necn.com/news/local/shortage-of-public-defenders-in-maine-allowed-release-of-man-who-caused-fiery-standoff/3261950/
Contact Hunter Parnell:
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Today, Hunter is joined by University of Utah law Professor, Matthew Tokson, to discuss his most recent law review article The Reality of the Good Faith Exception. For those unfamiliar with it, the good faith exception is a way that the courts have side stepped unconstitutional actions by police and prosecutors. Specifically, if a cop executes a search, but it later turns out that it was based on an illegal warrant, that will not matter so long as the officer acted in good faith. How can we so easily excuse violations of the Constitution and what does it mean for our right to privacy? The answers to those questions and more are found on this episode!
Guests: Matthew Tokson, Professor of Law, University of Utah
Resources:
US v Leon
https://supreme.justia.com/cases/federal/us/468/897/
The Reality of the Good Faith Exception Article
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4414248
Contact Hunter Parnell:
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Subscribe to the Patron
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Today, Hunter spoke once again with Radley Balko, a long-time investigative journalist, to discus his most recent reporting on public defense in Florida and Georgia. As has been discussed on the show previously, both states are struggling to meet the promises of Gideon. For Florida, the state has continued to move in a “tough on crime” direction and seems fine with leaving public defense ill equipped to handle the cases. In Georgia, the lack of independence leaves the system unable to properly advocate for its needs and the needs of their clients.
Guests:
Radley Balko, Investigative Journalist
Resources:
Read Radley’s Coverage Here
https://radleybalko.substack.com/p/the-states-of-indigent-defense-part-6eb
Contact Hunter Parnell:
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*As a reminder, any statements made on the show do not reflect the views or policies of the Colorado Office of the State Public Defender*
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Today, Hunter spoke with the Chief Federal Public Defender for the District of Kansas to discuss independence, or the lack thereof, for federal public defenders. Unlike many state systems, the federal system is at the mercy of the federal judiciary. As a result of this judicial oversight, the federal public defenders can be hesitant to be as vocal and aggressive in their public advocacy. Over the past year, the hiring freeze for federal public defense demonstrated the pressing need to remove the federal public defenders out from the control of the bench.
Guests:
Melody Brannon, Chief Federal Public Defender, District of Kansas
Resources:
Annual Federal Defenders Reports
https://www.uscourts.gov/statistics-reports/defender-services-annual-report-2022
https://www.uscourts.gov/statistics-reports/defender-services-annual-report-2023
NACDL Coverage on Lack of Independence
https://www.nacdl.org/Article/August2015-InsideNACDLAFundamentalFlawint
2017 REPORT OF THE AD HOC COMMITTEE TO REVIEW THE CRIMINAL JUSTICE ACT
https://www.uscourts.gov/sites/default/files/2017_report_of_the_ad_hoc_committee_to_review_the_criminal_justice_act-revised_2811.9.17.29_0.pdf
NACDL Testimony to Judicial Conference
https://www.nacdl.org/getattachment/84b11595-12a0-43d9-89ed-6af4fd732d84/gerry-morris-testimony.pdf
Hiring Freeze
https://rollcall.com/2023/10/13/federal-public-defenders-warn-proposed-funding-would-cause-layoffs-court-delays/
Eval of Interim Recommendations from the Cardone Report
https://cjastudy.fd.org/sites/default/files/Evaluation-of-the-Interim-Recommendations-from-the-Cardone-Report_9.7.23_NoID.pdf
Contact Hunter Parnell:
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*As a reminder, any statements made on the show do not reflect the views or policies of the Colorado Office of the State Public Defender*
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