[lbo-talk] Citing Rising Workload, Public Lawyers Reject Cases

[WD]

[It will be interesting to see how the states deal with this issue as
their budgets shrink.  Hopefully it'll lead to the widespread
dismissal of charges for petty offenses, and those who are serving
time right now will see their sentences cut, but I suspect present
trends will continue and worsen.  -WD]

http://www.nytimes.com/2008/11/09/us/09defender.html

Citing Rising Workload, Public Lawyers Reject Cases
By ERIK ECKHOLM
Published: November 8, 2008

[...]

 "Right now a lot of public defenders are starting to stand up and
say, 'No more. We can't ethically handle this many cases,' " said
David Carroll, director of research for the National Legal Aid and
Defender Association.

The state's argument for the budget cuts is the same as it is for
other agencies and programs that have been hit — the sour economy and
falling revenues.

The Miami-Dade case, which is being closely watched across the
country, was appealed by the state and is now before the Florida
Supreme Court. If the judge's decision is upheld, it could force
courts here to draw lawyers from a smaller state office and contract
with private lawyers, at greater expense. But such lawsuits are just
the most overt sign of the burdens that lead harried lawyers in
Michigan to talk openly about "McJustice" and in New York to make dark
jokes about the plea bargain "assembly line."

"In my opinion, there should be hundreds of such motions or lawsuits,"
said Norman Lefstein, a professor at the Indiana University School of
Law and an expert on criminal justice.
[...]