Harlan Public Defender Office Opens

The Department of Public Advocacy has realigned the Bell County Public Defender Office headed by Linda West that had covered Bell and Harlan Counties into a Bell Office and a Harlan Office which opened its doors on July 23, 2012.

   The new Harlan Public Defender Office is located at: 120 Professional Lane, 2d Floor, Harlan, KY 40831, 606-573-2501. The Harlan County public defender employees are: attorneys Daniel Schulman and Laura Karem, investigator Jessica Gibson and administrative specialist Traci Bowman. “We are glad to be closer to our clients and the leaders in the Harlan criminal justice system. We are trying to represent our clients the way we’d want to be represented, professionally, vigorously and focused on fair outcomes,” Daniel Schulman said. DPA Regional Manager Roger Gibbs of London, KY, identified the importance of this office to Harlan, “The new office in Harlan is an example of the commitment of DPA to be a part of the communities it serves.  A local office will mean better fulfillment of the Sixth Amendment Right to Counsel.  I am proud that Daniel, Laura, Jessica, and Traci are breathing life everyday into the fundamental promise of justice for all.”

Today at the official opening ceremony Harlan County Judge Executive Joe Grieshop welcomed establishment of the local office, “This office in Harlan will allow our citizens represented by public defenders to have better access to their lawyers because the office is located in our county. It also helps our criminal justice system, judges, prosecutors, pretrial release officers, law enforcement and jailers, to work more efficiently with defenders located here as opposed to Pineville. Our criminal justice system can only function well if it has the confidence of the people. That takes an efficient system that insures timely, fair and reliable results. Having public defenders located in Harlan helps our community better achieve that assurance.”

Jerry Cox of Rockcastle County, Chair of the Public Advocacy Commission, the statewide public defender governing board, said it is important to have an office in Harlan because “we know that the empirical evidence demonstrates that having counsel at the initial appearance before a judge improves the likely outcome for a criminal defendant.  A defendant with a lawyer at first appearance:

 

  •  Is 2 ½ times more likely to be released on recognizance 
  •  Is 4 ½ times more likely to have the amount of bail significantly reduced
  •  Serves less time in jail (median reduction from 9 days jailed to 2, saving county jail resources while preserving the clients' liberty interests)
  •  More likely feels that he is treated fairly by the system.”

 

“The right to counsel is not an academic matter,” Middlesboro’s Mike Bowling, a member of, the Public Advocacy Commission and former Chair of the House Judiciary Committee, said. “It makes a difference to have a lawyer. Counsel is the gateway through which the other individual liberties are made real. Just as a judge,

prosecutor, police officer, legislator, doctor, or teacher makes a difference, a defense lawyer makes a difference in the achievement of just outcomes arrived at through a fair process. Public defenders in Harlan are making a difference for people.”

Public Advocate Ed Monahan said that “Public defense provides public value. Public defenders who are criminal defense experts, who have manageable workloads, and who have professional independence ensure that the rights guaranteed by our Constitutions are protected and ensure that no one’s liberty is taken unless and until they are proven guilty.  Public defenders lower costly incarceration rates for counties and states by

  • being present at first appearances and advocating for pretrial release for those presumed innocent;
  • advocating for reduced sentences based on the facts of the case;
  • developing alternative sentencing options that avoid incarceration and provide individually based treatment and reduce recidivism;
  • Assisting clients upon sentencing   with reentry needs including employment, housing;
  • Preventing expensive wrongful convictions.”

During the office ceremony, Public Advocate Ed Monahan presented a plaque to local attorney and long-time public defender Bob Thomas who recently retired. It honored his 19 years of service to thousands of clients. It reads:

 

Robert A. Thomas

In recognition of his

public defender service to his clients and to the Commonwealth of Kentucky

1993 – 2012

 

 

KY SC Sept 20 - RCr 11.42: Time for post conviction counsel to file supplement to defendant’s pro se pleading.

Terry W. Roach v. Commonwealth, 2011-SC-000141-DG, ___ S.W.3d ___ (Ky. 2012)

Opinion by Justice Abramson.  To be published. 

RCr 11.42: Time for post conviction counsel to file supplement to defendant’s pro se pleading. 

Roach pled guilty in June 2002.  Supreme Court opinion affirming the conviction became final in January 2004.  In March 2004, Roach filed a pro se RCr 11.42 motion.  DPA was appointed in March.  The Case was dormant until September 2008 when appointed counsel filed an amendment to Roach’s motion.  The Supreme Court found the pro se pleading was timely but counsel amendments were outside the three year statute of limitations because they were not claims that arose from the same “conduct, transaction, or occurrence” that was set forth in the original pleading per CR 15.01.  That is, a new ground for relief supported by facts different from than those in the original pleading cannot be asserted after the statute of limitations expires.

Contributed by Brandon Jewell

KY SC Sept 20 - Probationer’s testimony at revocation hearings related to new charges.

Gerald Barker v. Commonwealth, 2010-SC-000116-DG, ___ S.W.3d ___ (Ky. 2012)

And

Commonwealth v. Ryan Jones, 2010-SC-000123-DG,  ___ S.W.3d ___ (Ky. 2012)

Opinion by Chief Justice Minton.  To be published.

Probationer’s testimony at revocation hearings related to new charges.

Court considered whether a trial court may proceed to hold evidentiary hearings to revoke or modify probation when the grounds for revocation or modification are new, unresolved criminal charges against the probationer.  The Court held: 1) The trial court is not required to delay probation revocation or modification hearings awaiting resolution of the criminal charges that arise during the probationary period, 2)  when the probationer is faced with probation revocation or modification and a criminal trial based upon the same conduct that forms the basis of new criminal charges, the probationer’s testimony at the probation revocation hearing is protected from use at any later criminal trial in Kentucky, 3) the trial court must advise the probationer that any testimony the probationer gives in probation revocation hearings that relates to the facts underlying the new charges cannot be used as substantive evidence in the trial of the new charges, and 4)  the probationer’s testimony at the revocation hearing can be used for impeachment purposes or rebuttal evidence in the trial of the new charges, and the trial court shall so advise the probationer before the probationer testifies at the revocation hearings.  These rules are designed to protect probationers’ due process rights at revocation hearings and their rights against self-incrimination in future criminal proceedings.

Contributed by Brandon Jewell

KY SC Sept 20 - Wilson - Ex parte communications.

Commonwealth v. Michael L. Wilson, 2011-SC-000157-CL, ___ S.W.3d ___ (Ky. 2012).

Opinion CERTIFYING THE LAW by Justice Cunningham.  To be Published.

Ex parte communications.

Question presented was: Does Kentucky law authorize an ex parte motion by a criminal defendant to vacate or set aside a warrant for his or her arrest with no notice or opportunity for the Commonwealth to be heard?  The answer is no. 

A warrant was issued for Wilson on charges of assault.  Wilson’s attorney made an ex parte request to a judge to set the warrant aside and issue a summons instead because the victim recanted.  The request was granted.  Eventually Wilson pled guilty.  Because such ex parte communication by defense attorneys with judges is common practice in district court, the Supreme Court accepted the request for certification of the law.  The Court stated that Rule 4.300, Canon 3B(7) prohibits ex parte contact in these circumstances:  “[w]ith regard to a pending or impending proceeding, a judge shall not initiate, permit, or consider ex parte communications with attorneys and shall not initiate, encourage or consider ex parte communications with parties…”

Contributed by Brandon Jewell

 

NACDL Launches Publicly Available Restoration of Rights Database

The National Association of Criminal Defense Lawyers, as a resource for its members and as a service to the public, a collection of individual downloadable documents that profile the law and practice in each U.S. jurisdiction relating to relief from the collateral consequences of conviction.  The 54 jurisdictional profiles include provisions on loss and restoration of civil rights and firearms privileges, legal mechanisms for overcoming or mitigating collateral consequences, and provisions addressing non-discrimination in employment and licensing. In addition to the full profiles, there is a set of charts covering all 50 states (plus territories and the federal system) that provide a side-by-side comparison and make it possible to see national patterns in restoration laws and policies. The information covered by the charts is summarized on the page for each jurisdiction.

Nation-Wide Database

Kentucky's Listing

Collateral Consequences of Felony Convictions Established in the Kentucky Administrative Regulations 2008 N. KY. Law Review Article

See the comparison charts

Using Adolescent Brain Research to Inform Policy: A Guide for Juvenile Justice Advocates - National Juvenile Justice Network

Research has revealed profound differences in the way that adolescents and adults use their brains. Much has been made of this research in policy arenas on behalf of youth in the justice system; however, its use raises questions about respect for our youth allies and implications for alternate policy agendas. This paper, recently updated, explores the key issues and makes recommendations.

 Download the policy paper, "Using Adolescent Brain Research to Inform Policy: a Guide for Juvenile Justice Advocates."

JPI Reports on Bail

The Justice Policy Institute published three reports on the U.S. bail system in an effort to raise public awareness on an issue that is not often highlighted -- and one that most people do not fully understand. The intricacies of the U.S. bail system are complex from the point of arrest to the insurance agencies that oversee bail bond companies.

During the month of September 2012, JPI published Bail Fail, For Better or for Profit and Bailing on Baltimore, three reports that analyzed the current system of bail and its impacts on the community at large.

Bail Fail: Why the U.S. Should End the Practice of Using Money for Bail
(PDF)
Click here for Bail Fail fact sheet

 

 

To download the High Price of Bail infographic, (PDF)click here.

On Nova - Forensics on Trial

Airing October 17 - Check your local listings

Program Description

There is a startling gap between the glamorous television world of “CSI” and the gritty reality of the forensic crime lab. With few established scientific standards, no central oversight, and poor regulation of examiners, forensics in the U.S. is in a state of crisis. In "Forensics on Trial", NOVA investigates how modern forensics, including the analysis of fingerprints, bite marks, ballistics, hair, and tool marks, can send innocent men and women to prison—and sometimes even to death row. Shockingly, of more than 250 inmates exonerated by DNA testing over the last decade, more than 50 percent of the wrongful convictions stemmed from invalid or improperly handled forensic science. With the help of vivid recreations of actual trials and cases, NOVA will investigate today’s shaky state of crime science as well as cutting-edge solutions that could help investigators put the real criminals behind bars.

NOVA page related the show

 

Victimization and Trauma Experienced by Children and Youth: Implications for Legal Advocates.

The Safe Start Center, ABA Center on Children and the Law, and the Child and Family Policy Associates recently released a new resource, Victimization and Trauma Experienced by Children and Youth: Implications for Legal Advocates.  In this resource, you’ll find:

·         Information about the prevalence and impact of victimization and exposure to violence

·         Practice tips for juvenile defenders, children’s attorneys and GALs, judges, and CASAs

·         Explanations of traumatic stress symptoms and trauma-related assessments and treatments

·         Descriptions of promising local and state initiatives to address trauma

·         Guidance on policy reforms and other considerations for trauma-informed advocacy