Representation Never Stops

Day after day new cases are assigned to the attorneys on my office. That's how it's supposed to be right? Well, yes, but no. Kind of? The reality of the situation is that as more cases get charged, more cases get assigned, and more work is to be done. The problem is that we are always doing more with less, and the legislature or appropriations committee that balances the budget is always trying to yank the worn out mat we stand on from under our feet. It's like they don't really see the big picture.

So what is the big picture? Well, it's something like this: OUR REPRESENTATION DOESN'T END WITH THE CLOSING OF A FILE IN OUR OFFICE!! Now, don't get me wrong; I do this job because this is really where my heart is. I am passionate about representing my clients, whatever their alleged crime may be. Lord knows nobody here does it for the money. So why all this wining? Well, because as new cases get assigned everyday, new crises for former clients arise. It's like a neverending vicious circle. Most are fairly simple issues like jail credit, or imposing post release supervision when there should be no post release. But some of them, frankly, are quite complicated, requiring hours of research.

So, the ABA reccommends not having lots and lots of cases, in order to be ethical. They recognize that the more cases you have, the less time you can devote to each client, thus the less effective your representation is. Seems logical right? SO THEN WHY DOES THE KANSAS LEGISLATURE NOT GET IT!!! Though our caseloads may show 60 on paper (the average here by the way), we are really carrying a caseload of 70+ on average (counting all the things you have to do for former clients). Oh, as an aside: 60 is way more than what is recommended by the ABA in order to be ethical. And whose license is on the line? OURS!!

We lose qualified attorneys every year because of the financial and stress aspects of this job. It is highly stressful, dealing with populations that are sometimes difficult to manage. And, the pay just isn't enough. It is not at all competitive with a first year associate position at a firm, and yet people's lives are LITERALLY in our hands. We lose people to the district attorney's office (They pay more), and to airfraft positions (they pay way more), and to other firms (they also pay way more). When will people realize, that just because someone is charged with a crime it doesn't mean they are the scum of the earth!! Wake up and smell the roses. What if it was someone in your family, your parent for example. (Anyway, that's a whole other blog for a whole other day...)

Anyway, I feel a bit better now that I have ranted and raved for a while. I am sure some of you that may come across this blog will agree, and maybe even empathize with me over this issue. I am going to try to blog a little everyday. Maybe then I will be less stressed when I leave the office, and maybe you guys will get an insight into the life of a public defender.

We are NOT Public Pretenders

I know this issue has probably been presented before, probably hundreds of times; but I can't tell you how sick I am of people calling us Public Pretenders. In reality, we are often more experienced, dedicated ,and diverse than private counsel (sorry guys. Don't take it personal).

I can't tell you how many times during the docket a private attorney has leaned over and asked me what to do next; or how many times they have called me and asked me what to charge, or how the process works, or what I think they should do. I mean, come on. Give me a break.

As for clients, they should be thankful they have a public defender. I mean, first of all, they probably couldn't afford to pay a private attorney (DUH!), and secondly, we deal only with criminal law. We are not sidetracked with divorces, civil filing dealines, and pre trial conferences. We do not dabble in the area of criminal law. We are dedicated foot solidiers to the pursuit of justice. We only practice in criminal law. We familiarize ourselves with the ever changing seas of law, and the special sentencing and bond rules that come attached to it.

Don't get me wrong, there are plenty of private attorneys that are good, really good. But I am sick and tired of getting a bad rap. I work my @## off to provide each client I serve with quality representation. I do the best I can with what I have. I make it work. And, remember, we're attorneys, not magicians.