April 28, 2006
Arbitrary and Capricious: Frankly, yes
http://skellywright.blogspot.com/2006/04/frankly-yes.html That's a great piece. It reminds me of something one of my fellow interns said the first summer I interned at a public defender's office. She was a devout Christian and someone asked her about her faith and the work she was doing. Her response: “Jesus was the first public defender!” So there you go.Posted by mowabb at 12:10 AM
April 22, 2006
Arbitrary and Capricious: ID: 7-year-old in detention
http://skellywright.blogspot.com/2006/04/id-7-year-old-in-detention.html That's incredible. I thought the criminalization of childhood was confined to big city schools where cops roam the halls and file police reports for schoolyard fights and temper tantrums; those reports then lead to criminal charges. Apparently this isn't just a big city phenomenon. I can't believe parents will stand for this kind of thing. Is this magistrate an elected official?Posted by mowabb at 01:25 PM
April 19, 2006
Arbitrary and Capricious: The kids = all right
http://skellywright.blogspot.com/2006/04/kids-all-right.html I've really loved working the juvenile cases I've handled (only 3). The kids can be a challenge if they don't trust you and it's heartbreaking sometimes to see the way they can be treated. I heard a prosecutor call one of my clients “a punk-ass bitch” as he tried to convince another prosecutor to make sure my client got sent to juve (jail). My client walked out that night with his mom and that was an awesome thing for all of us -- me, the client, and his mother. Rehabilitation was the key to that one -- the judge agreed that going to juve was not going to be helpful to my client. A couple months later and teachers, social workers, and everyone else are praising my client up and down for his great improvement in attitude, work, etc. So stories like that are super-rewarding. The upside in working w/juveniles can be huge. FYI: You may know about this already, but the National Juvenile Defender Center has some good listserves where you can discuss juvenile defense issues. They also offer some good resources for juvenile defenders, including the Juvenile Defender Resource Guide.Posted by mowabb at 11:01 AM
March 28, 2006
Blonde Justice: The Devil Made Me Do It
http://blondejustice.blogspot.com/2006/03/devil-made-me-do-it.html#comments I guess maybe I could imagine if a prosecutor let their emotions get the best of them and said, “I can't let this little girl's killer walk free. I'd rather lose my law license than this case.” Well, sure -- that must happen all the time. Prosecutors have conviction, right? ;-) I just took the MPRE last fall, and no, the law hasn't changed. You're right that prosecutors have the a clear obligation to stand up to supervisors or anyone else who encourages them to act unethically. Of course, don't you think that prosecutors commonly say the same thing about defense attorneys -- that they go too far and stretch or even break the lines of ethical conduct? We had a lifetime prosecutor come speak to a class recently who described this as a universally held attitude in the U.S. Attorney's office -- everyone there thinks the public defenders are a bunch of rule-breaking, unethical zealots who should have their law licenses revoked. My question is: When attorneys (on either side) see other attorneys acting badly, why don't they report it and press for formal discipline for the bar? I know there are reasons, but still, isn't that also one of our professional obligations? Finally, you could use Audioblogger to record and share the sound of your professor saying “dispute!” We would love to hear it!Posted by mowabb at 07:46 AM
March 26, 2006
Blonde Justice: Destination Unknown
http://blondejustice.blogspot.com/2006/03/destination-unknown.html#comments It seems to me that the only way in which being a public defender is a “starter job” is that it requires a lot of energy and dedication -- things that tend to wane a bit for most lawyers over time. I very much respect and admire the “lifers” I've known in the office where I interned and during my clinic experience b/c these are the people who know the most about what they are doing. They have accomplished things I can only dream of and they have what appear to me to be very satisfying and high quality lives. I don't know if I will be a public defender for three or 30 years, but I know I could do much, much worse than to have a life like those “lifers” have. (Of course, I need to get a job as a public defender before I can worry about how long I can keep it, but I'm trying to remain optmistic about that part....)Posted by mowabb at 05:39 PM
3L Epiphany: Taxonomy Work Thus Far
http://3lepiphany.typepad.com/3l_epiphany/2006/03/taxonomy_work_t_1.html#comment-15428052 This is looking very interesting -- much more helpful than I'd initially thought. One suggestion: I would not put Blonde Justice into the “humor” category. Yes, some of what she writes is very fun, but that is balanced by quite a lot of serious and very informative commentary on criminal defense law and what it's like to be a public defender. Lots of blogs make readers laugh once in a while, but I really don't think it's fair to Blonde Justice to suggest that is its main goal.Posted by mowabb at 05:32 PM
March 25, 2006
MA criminal discovery & V for Vendetta
http://tonguebutnodoor.net/monica/archives/2006/03/post_12.html 1) That MA decision just blows. I wonder how common the FL approach is v. the new MA rule. I'd never heard of either extreme before this. 2) I still have to see “V for Vendetta” and I definitely will, thanks to your recommendation. I was excited about it when I first heard of it, less excited when I heard some of the initial reviews, and now excited again....Posted by mowabb at 01:52 PM
March 23, 2006
Arbitrary and Capricious: Trying times
http://skellywright.blogspot.com/2006/03/trying-times.html I just had that co-defendant plea problem, too. Twice. My client had two terrific cases but once his codefendants took pleas and gave statements, suddenly our good cases were up in smoke. I hate it when that happens!Posted by mowabb at 09:59 AM
March 20, 2006
Audacity: One Conviction
http://audacity.typepad.com/index/2006/03/last_night_i_ca.html#comment-15195665 What I like about the first story is that it shows what tools prosecutors are. If you're a prosecutor, you can't follow your “conviction” -- you have to do what your boss tells you to do, and generally that will be to nail people to the wall whether they're guilty of a crime or not. I like this b/c I think it will discourage people from becoming prosecutors. Maybe. I mean, who wants to be such a tool?Posted by mowabb at 08:29 AM
March 19, 2006
buzzwords: juvenile section
http://tonguebutnodoor.net/monica/archives/2006/03/post_8.html Well, I was meaning to comment on this before but now that you've called me out... I've been representing a few juveniles in my clinic and it's a lot like what you describe. One of my kids was brought into the system for the very first time for nothing more than a schoolyard fight where no one even suffered more than a bruise. I can't help thinking when I see stuff like this that it's a real failure on the part of the school to allow kids to get a criminal record for something that has always been part of growing up. But the law is in these schools every day -- many of them have full-time police officers walking the halls and patrolling the grounds every day so that if anyone gets into trouble it's not just school trouble, it's criminal trouble (so long as they can file it under some criminal law, e.g. assault). This is awful b/c then these kids get records, plus many spend time in juve and come out ten times worse than they went in. It's painfully sad. I can't help thinking that crap like this doesn't happen outside of cities (meaning in smaller towns). I mean, is this universal, or is it just a city thing where we are criminalizing childhood? It sure as hell wasn't this way when and where I was in school, but maybe it's changed everywhere... Plus, talking to these kids about their options is another painful experience. It's one thing to tell an adult client “you can do X or Y” in this situation. The choice is theirs and since they are adults you have to assume they are making rational decisions. Not so w/a 14-year-old who may not even have the ability to think beyond what happens tomorrow, let alone five years from now. How does someone like that really assess the ramifications of a plea offer? All he wants is to get home out and of jail; he'll do *anything* to make that happen. And yet, as attorneys we're supposed to do what our clients say, right? But I'm pretty much w/womanofthelaw -- as hard as it is working with kids, I really like it. You can't always do much for them, but in those cases where you can make a difference, that difference can have much more lasting consequences on their lives b/c they are so young. That's the theory, anyway. Plus, I much prefer the attitude of the juvenile system which is, theoretically, “we need to do what's best for this child” (as opposed to the attitude for adults, which is basically “lock the bastards up!”). Your arguments about rehabilitation and the potential improvement of your client can go a lot farther in juvenile court.Posted by mowabb at 02:49 PM
March 17, 2006
Concurring Opinions: Should Silence Be Free?
http://www.concurringopinions.com/archives/2006/03/should_silence.html “No person shall be . . . compelled in any crimenal case to be a witness against himself.” U.S. Const. amend. IV. The Constitution does not “celebrate” silence for any purpose; rather, it guarantees the right of the accused to remain silent. It contains no qualifiers or caveats. The argument here seems to be that we should allow law enforcement to compell the accused to speak (even via torture!) simply because “the overwhelming majority” thinks the accused's right to remain silent has a limit. If that majority feels so strongly about that, perhaps it should use the political process to amend the Constitution; short of that, it seems the defense argument here is on very firm Constitutional ground.Posted by mowabb at 08:42 AM
March 15, 2006
Woman of the Law: ATTN: DEFENSE BAR
http://womanofthelaw.blogspot.com/2006/03/attn-defense-bar.html#comments That's bad. Is there some way to challenge this in federal court on Constitutional grounds? Yikes. The link to the case didn't work for me but I found that the cite in Westlaw is Commonwealth v. Durham, 2006 WL 589386. Possibly people w/out Westlaw access can still access the case through the court's site (click “opinions” under “Supreme Judical Court”). Goddamn I hate Westlaw!Posted by mowabb at 01:04 PM
March 13, 2006
Arbitrary and Capricious: WA: 5th, 6th Amendments overwhelm harried prosecutor
http://skellywright.blogspot.com/2006/03/wa-5th-6th-amendments-overwhelm.html Wow, I really feel sorry for that poor guy. Not. Here's hoping the BOC doesn't fall for his little sob story.Posted by mowabb at 08:49 AM
March 11, 2006
blackprof.com: Crime fighting ticket cheats?
http://www.blackprof.com/archives/2006/03/crime_fighting_ticket_cheats.html I like your optimism that the honor system on the St. Louis metro is some sort of conscious choice by local government to help mitigate the negatives of poverty and racial segregation. You may very well be right. However, the cynic in me says that this may also be a great way for the local gov't and the middle and upper class citizens of St. Louis to make sure the lower class has a way to get to work every day in order to serve the privileged who don't ride the metro -- to make and serve their food, clean their houses, pick up their garbage, and perform all the other myriad services the middle and upper classes require. I don't really know anything about St. Louis, so I could be completely wrong. And like I said, I prefer your optimism....Posted by mowabb at 02:50 PM
March 07, 2006
Gideon's Guardians: Niche Marketing
http://gideonsguardians.blogspot.com/2006/03/niche-marketing.html OMG! Those cards are painful to look at -- both because they *are* so clipart cliche, but also because of the situations they evoke. Ouch.Posted by mowabb at 09:28 PM
Blonde Justice: Give Yourself a Clean Slate
http://blondejustice.blogspot.com/2006/03/give-yourself-clean-slate.html#comments Man, I've got that kid client right now who just wants to plead to get out of juve. He doesn't have a record at all yet and we have a relatively good chance of keeping it that way, but he just doesn't care. “Plea” seems to be the only word he knows. It's killing me!Posted by mowabb at 12:45 AM
March 04, 2006
Not Guilty: That book is awesome!
http://notguiltynoway.blogspot.com/2006/03/that-book-is-awesome.html It's cool to hear about setting up your own firm -- please continue letting us know how it goes! Also, I wonder if you're aware of My Shingle, a blog by a solo practitioner for solos. I think you're starting up a small firm w/a couple of other people so it might not completely apply, but she does have a cool Guide to Setting Up a Law Practice that might have some good tips in it.Posted by mowabb at 09:03 AM
February 27, 2006
Blonde Justice: Run, Here Comes Blonde Justice!
http://blondejustice.blogspot.com/2006/02/run-here-comes-blonde-justice.html#comments It's great to tell them all the rules but I almost got a client in trouble by doing this b/c I wrote pretty much those same rules plus his stay-away instructions on the back of his summons to return to court. When he was rearrested for violating his stay-away the cops found this paper in his pocket and the prosector tried to use it as evidence that my client had ample notice that he was supposed to stay away from the specified area. The judge saved me by asking the prosecutor, “Do we have any evidence that he [my client] can read?” The prosecutor was completely flustered by that and muttered something like “we can assume...” but the judge wasn't buying it. Of course, the judge's skepticism came from the cop's testimony about my client's utter bewilderment as to his location, otherwise I'm sure my client would have been headed to jail. As it was, he walked out of there that day, which was pretty cool.Posted by mowabb at 10:43 PM
February 26, 2006
Preaching to the Perverted: Florida: The Nation's Wang
http://www.gulbransen.net/preaching/2006/02/florida_the_nat_1.html OMG! That footage is awesome! If cops are going to react to this minimal level of stress w/such irrational and unnecessary aggression, how are they acting when something more serious comes along? I believe cops bully people like this all the time and they get away w/it b/c many of them are perfectly willing to get on a witness stand and lie about their actions and they know that judges believe cops. To be fair, we don't see every second of these encounters. Is the investigating citizen doing something we can't see to piss the cops off more? Still...Posted by mowabb at 11:16 AM
February 23, 2006
a Public Defender: Legislation to classify 16 & 17yo as juveniles
http://publicdefender.typepad.com/public_defender_blog/2006/02/legislation_to_.html#comment-14285871 This is appalling. We have hard evidence that these kids are being seriously abused and driven to kill themselves, but we can't cough up the cash to treat them humanely? So how did this come about? Have 16-17 yos always been counted as adults in CT, or did the state lower the age cutoff sometime in, oh, say the 80s-90s when “tough on crime” became a ritual incantation to get politicians elected?Posted by mowabb at 08:14 AM
Blonde Justice: If You See A Flashing Red Light, Put Your Clothes On
http://blondejustice.blogspot.com/2006/02/if-you-see-flashing-red-light-put-your.html#comments Related: Audacity hates teenage sex laws. I suggest our laws infantilize girls and teaches them to blame others if they get drunk and take their clothes off at parties. That said, I wholeheartedly agree w/Anonymous (at 4:38 p.m. on 2/20) that the men involved in these “girls gone wild” scenarios are behaving very badly. Their behavior may not be illegal, but that doesn't make it right.Posted by mowabb at 07:20 AM
Audacity: No Prom For You!
http://audacity.typepad.com/index/2006/02/no_prom_for_you.html#comment-14280686 30 days in jail!? For a juvenile, first offense of “unlawful touching”? That seems pretty freaking harsh, doesn't it? Crap like this is definitely connected to what Blondie was recently talking about re: girls gone wild and infantilizing women (and esp. young women) in our culture. This is different, certainly, but the thinking behind this law (viz., young women cannot take care of themselves or make their own decisions and therefore must be protected by the law) leads to college girls claiming they can't be held responsible for their actions when they get drunk and take their clothes off at parties. Freaking patriarchy.Posted by mowabb at 07:15 AM
February 15, 2006
Gideon's Guardians: post trial
http://gideonsguardians.blogspot.com/2006/02/post-trial.html Ouch. I guess on the bright side you didn't have to wait forever for the verdict, huh? Here's hoping the next four go the other way.Posted by mowabb at 07:06 AM
February 05, 2006
Arbitrary and Capricious: CA: from cop to p.d.
http://skellywright.blogspot.com/2006/02/ca-from-cop-to-pd.html But here's the best part: Since the article was published, Obayashi has used it in court. On two occasions judges allowed him to use the article to impeach – or try to discredit – the testimony of police officers, asking them if they read the article and if it has biased them against him. *And* the police union payed Obayashi's law school bills. Gotta love that.Posted by mowabb at 10:48 PM
Arbitrary and Capricious: A good answer
http://skellywright.blogspot.com/2006/02/good-answer.html Amen to that. When people ask me why I want to be a public defender I always like to say, “It's the only job I know where I can get paid by the state to fight the state.” At least it gives them something to think about. p.s.: Sorry about the Seahawks. I was cheering for them but to no avail. The refs, man, the refs!Posted by mowabb at 10:15 PM
January 28, 2006
Gideon's Guardians: Protective Slime Coating
http://gideonsguardians.blogspot.com/2006/01/protective-slime-coating.html Clients have a right to STFU. I love it. Maybe if cops read the Miranda in that form people would be more likely to exercise their rights. Ok, maybe not...Posted by mowabb at 11:42 AM
Woman of the Law: zealous vs fruitless vs useless advocacy
http://womanofthelaw.blogspot.com/2006/01/zealous-vs-fruitless-vs-useless.html#comments Thank you for this post. I don't even have a job yet, but after interning and doing clinic cases I have seen the same tension between what you know you *could* do vs. what experienced attorneys tell you you *should* (or should not) do. What springs to mind for me is the one contempt hearing I had. Going into it, my supervisor said, “nobody ever wins these; the judge always finds probable cause.” He didn't in any way suggest I shouldn't make the best argument I could make, but he “knew” we would lose. Lo and behold, the judge did *not* find probable cause. So yeah, most of our arguments are losers, but what about that one time that they work? I understand asking to stay a bench warrant might be different, but you know, this is one of those things that is so infrequently done that I didn't even know you *could* do it until I read this post. I will almost certainly try it the next time a client fails to appear!Posted by mowabb at 11:25 AM
Tales of a Public Defender Investigator: New Legal Series!
http://pdinvestigator.blogspot.com/2006/01/new-legal-series.html I'm so sick of this “law and order” tv crap. It's always about the cops and prosecutors as our saviors and heros. Gag me. That's why I've been loving “Prison Break” (which is currently on a break until March) -- its heroes are two convicts in prison plus a team of criminal defense attorneys on the outside trying to get them out b/c they were wrongly convicted. We're talking awesome television. Meanwhile, Dick Wolf can stick his stupid “praise the prosecution” schtick right up his @#$%^. ;-)Posted by mowabb at 11:01 AM
the court interpreter » Hairy Colloquy
http://interpreter.wordpress.com/2006/01/19/hairy-colloquy/ Is this the post you meant on Blonde Justice? If so, I just thought I'd add the link to make it easier for your readers to find the praise of court interpreters. She also wrote about interpreters here. I will also second (or third) those who think you should keep posting here -- you offer terrific insights into an important profession that too few know much about.Posted by mowabb at 09:22 AM
Arbitrary and Capricious: WA: pd funding's bad, it's statewide
http://skellywright.blogspot.com/2006/01/wa-pd-fundings-bad-its-statewide.html Here's an idea for the county (and the state): Don't seek death. I love this quote from the article: “We have 25 homicide cases coming through our system. They are costly, particularly the death penalty cases,” said Harold Delia, administrative consultant for Yakima County courts. “The question is does the community want us to plea those out and save the money or do they want justice? This is what it costs.” How is it justice to bankrupt communities and waste millions of dollars trying to kill people? Where's the justice in that? And they don't have to “plea” anyone out -- that's not the choice they face. The choice is probably life in prison or death, so Mr. Della is full of crap. I mean, I'm all for giving courts and public defenders plenty of resources to do their jobs well, but throwing millions at prosecution just so the state can kill someone? Fuhgheddaboudit.Posted by mowabb at 09:05 AM
November 12, 2005
Blonde Justice: A Day In The Life
http://blondejustice.blogspot.com/2005/11/day-in-life.html#comments Seriously, thank a veteran. No kidding. Sounds like a great day. And here I thought being a public defender was work. Sounds like all play to me. Except for that “wrote some motions, wrote some letters, found a witness” part. Writing a motion still takes me hours and finding witnesses has begun to seem impossible. But what do I know? I look forward to the day when this just sort of fits into my life w/out a lot of muss or fuss...Posted by mowabb at 09:04 PM
September 01, 2005
Objective Justice: Video of Police Looting
http://objectivejustice.blogspot.com/2005/09/video-of-police-looting.html I'm convinced. Now check out this article describing how police are barbecuing sausages in the French Quarter while the average citizen starves. They're also exchanging protection of restauarant-owners for prime rib. Yeah, the cops rock.Posted by mowabb at 10:56 PM
Objective Justice: Looting or Privilege?
http://objectivejustice.blogspot.com/2005/08/looting-or-privilege.html Far be it from me to miss a chance to point out cops behaving badly, but that photo you linked to doesn't really convince me that police are looting. I mean, it looks highly possible, but cops also take evidence from suspects in the course of their duties or investigations. Couldn't the dvds and whatnot in that picture be evidence they have confiscated? I dunno. Probably not, but it's a thought. It seems kind of important to critically examine the media spin on what's happening in New Orleans and elsewhere. It makes a good story if the cops are joining the looters, but that doesn't make it true. It also makes a good story to talk about looting more generally, but that may only make the problem worse or blow it far out of proportion.Posted by mowabb at 10:29 AM
May 07, 2005
buzzwords: Why I'd Come Back to Alaska
http://tonguebutnodoor.net/monica/archives/001617.html It sounds like you have lots of great reasons for loving it up there, both personally and professionally. From what you've said, it certianly does sound like the ultimate place to start a legal career -- at least a criminal defense career. I haven't heard anything like the great stuff about anywhere else, but I'll admit I haven't heard much about other places at all. I wish there was a way to get an inside look at more jurisdictions so decisions like this would be easier to make. I wonder if there's any resource for that anywhere... Have I mentioned how jealous I am of your experience up there? I'd say we might be in competition for the same jobs a year from now, but I'm still finding it hard to figure out how I could deal w/being so far from family -- both mine and my girlfriend's. Her family is already saying that she'd be insane even to live as far from them as Montana, so Alaska would be like moving to the moon, as far as they're concerned. We'll see. But I guess my main point is this: I've loved working around DC where I worked last summer and will be working again this summer. The attorneys are awesome, the office is laid back, it's only funded ok so resources are a little tight, but not bad. The prosecutors are mostly ok and generally (sort of) seem committed to doing the right thing rather than just nailing ever D to the wall. The attorneys all eat lunch together every day and talk about cases and many of them hang out frequently after work and socialize on weekends occasionally and it's all around a great place to be, both personally and professionally. However, the huge difference is the amount of responsibility and autonomy they give to interns -- it's not even close to what you've had, and therefore it's nowhere near as useful to a law student. We also don't get to go to Talkeetna and see if Denali is out. ;-)Posted by mowabb at 12:50 PM
April 19, 2005
CrimLaw: Sacrifices:
http://crimlaw.blogspot.com/2005/04/sacrifices.html Your dedication to the pursuit of justice here is truly fantastic. ;-) But I'm a little unclear about why you have clients housed all the way up in Alexandria. Is this a federal case?Posted by mowabb at 08:22 PM
April 09, 2005
Alaskablawg: Retainer Fees
http://alaskablawg.typepad.com/alaskablawg/2005/03/retainer_fees.html
Thanks for the tip! I'll be sure to remember it for my upcoming Professional Responsibility final. ;-)
Posted by mowabb at 01:30 PM
buzzwords: Monica Wins a Trial!
http://tonguebutnodoor.net/monica/archives/001580.html
Congratulations! I continue to be in awe of the experience you're having and how well you're doing with the massive challenges they're throwing at you. Picking a jury!? Opening and closing in a *real case*!? Crossing witnesses? It's just all so incredible, and you won!!! I'm also extremely impressed w/the amount of time and attention your supervising attorney is giving you -- helping you work out your closing for four hours? You just couldn't pay money for that kind of help and training. Dude, you're a lawyer already and you still have a year left of law school? Whatever you end up doing after this, your opponents had better watch out, is all I'm thinking. You rock!
Posted by mowabb at 01:25 PM
April 01, 2005
buzzwords :: March 31, 2005:
http://tonguebutnodoor.net/monica/archives/001576.html
Congratulations on the trial! I'm still just speechless about how awesome this internship sounds. You're getting experience many many law students (like me) can only dream about -- and in an incredible part of the world, to boot. I can't wait to read your posts about it, but it's good to hear that life is coming before blogging. I dream of those days.... ;-)
Posted by mowabb at 11:01 AM
a Public Defender: Did you have a public defender or a lawyer?
http://publicdefender.typepad.com/public_defender_blog/2005/03/did_you_have_a_.html
Oh, you mean public defenders *are* lawyers? Gee, you learn something every day! ;-)
I was lucky last summer when I worked in a PD office b/c in that jurisdiction the word on the street is that if you get in trouble, try to get a PD. The people in the community know that the public defenders provide the best defense available, and if you spend any time in court, you quickly see why -- the private defense attorneys are largely incompetent. Some of them seem pretty clueless about court procedure and they always seem rushed and confused rather than calm and confident in court like the PDs. It's an awesome thing to see, actually. You should send Senator Newton to visit our courthouse for a few days and see if he changes his tune.
Curious: With what party is Sen. Newton affiliated?
p.s.: Congrats on the new site -- it looks great!
Posted by mowabb at 09:17 AM