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You Have The Right...But At Whose Expense
There are many things that we hope we never have to hear. One of the biggest things is something that is read from a small card placed firmly in the hand of a man (or woman) with a badge. As s/he reads from the card, you begin to hear those words that you hoped you never would. You have the right to remain silent. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to represent you. Despite the fact that none of us ever want to hear these words, unless it is being uttered by Andy Sipowitz as you rest comfortably in the old lazy boy, the content of these words is extremely important should you find your self
in this position.
It was known many, many years ago about the importance of everyone receiving legal representation should they be accused of a crime. The whole notion of Ainnocent until proven guilty@ are words that we should always defend. Those who have found themselves in the position of the accused know full well the importance of legal representation. For those who have never been in this position, you will have to take my word on it. While we all, for the most part, agree that everyone is entitled to a lawyer whether they can afford it or not, the method that the representation is established varies from place to place. Some systems rely on a formal public defender's office that operates similar to the District Attorney's Office, except for the fact that their purpose is seeking acquittals rather than guilty pleas or verdicts. But, for the most part they operate in similar fashion. Other areas rely on appointed council, made by the judge, if the person cannot afford to hire a lawyer on their own. The question remains as to which system is the most effective and the answer to that question is quite complex.
In Gwinnett, we currently utilize the appointed council method. Admittedly, this may not be the best system for all of Georgia, but in Gwinnett it works quite well. The talent pool of lawyers in Gwinnett is very deep and many of those are included in the appointed system. The purpose of going to a public defenders system is based on inadequacies that exist in smaller jurisdictions. To make this changeover mandatory would possibly put in place a less productive system than what Gwinnett already has. Caseloads spread over a large number of attorneys are disposed of quicker than the same caseload would be if it were given to a handful of attorneys who would be employed in a public defender system. Furthermore, who is going to pay for this system? In Gwinnett, the funds are probably available, but statewide this implementation will have to be picked up by the state. In a time where we are cutting programs and services, it seems unreasonable to start creating another layer of government services through this mandate.
The biggest concern of all should be rumors that are circulating that monies for this program may actually come from funds that have been earmarked for crime victims. In 1995, the state created legislation known as the Crime Victims Bill Of Rights that requires a 5% add on fee for victims services for any criminal case that has been adjudicated. That money is then forward to services and programs that directly benefit victims of crime. To detour that money to assist the person who committed the crime seems like a further victimization. This would cause a lack of confidence in a system that already has lost some support from those who have always tried to be on the right side of the law, only to see the defendant get more attention than the victim.
Believe me, should any of us get into a position where we are looking for a criminal lawyer, all of us want to get the best lawyer possible. There is little doubt that situations exist in the state of Georgia where people are being offered little in the way of legal representation unless they can afford to go out and hire their own attorney. These jurisdictions need to be looked at on a case-by-case basis as to how those problems can be erased. However, by requiring the entire state to go to a system that is intended to benefit the minority may possibly be detrimental to the majority. Any program that practices that philosophy is sure to be a failure. At a minimum, leave these decisions to the county governments who know better than anyone what works best for them. In Gwinnett, our system is not only Anot broken@, it is running quite well.
For further information, visit www.voice4victims.com
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If you are interested in having Mr. Hall speak at your next club or group meeting, please email contact information to:
SHall BadgeNotes@aol.com
103003
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