The NAPD Podcast: Recent Episodes
Jeff Sherr
NAPD - the unwavering voice for public defense
This is the podcast page for the National Association for Public Defense.
Last week in a fit of desperation, I asked a client facing a domestic violence related charge how he met his ex-girlfriend, the complainant. The man, who had tried to fire me on the last court date, softened his expression. He shook his head and launched into an intimate, if at times off-color, tale of love at first sight. Our conversation sparked ideas for trial strategy, and also re-built trust between us. Personal details served a professional purpose.
What we don’t need are well intentioned statements of support which appear to be supportive, but actually provide false and misleading information. Statements which leaves the impression that public defense lawyers are failing in the face of the near impossible environment in which we are placed. That impression is completely wrong. Public defense lawyers face enormous obstacles every day—many times repeatedly every day. However, we are not falling down when faced with these challenges. Instead, we are fighting and clawing to achieve justice for each person we represent.
This is the audio version of a webinar on Dec 19, 2014. The webinar contained powerful images. To see the video version of the webinar go to www.mygideon.org
Playing offense on defense’ is what a multi-disciplinary defense practice allows us to do; a remedy for the soul-crushing reality above.
A suggestion from Kristin Wenstrom -
Hey Public Defenders-- start drafting for each of your clients a Motion to be Given the Same Treatment and Protections as White Police Officers. Some initial ideas I have are:
This episode is the audio from the talk by Jeff Sherr at the Gideon's Promise and Peril Symposium sponsored by the Charles Hamilton Houston Institute in Oct of 2013. The talk features the audio from the hearing with Missy Goodman discussed in episode 9. The talk can be viewed on youtube at http://youtu.be/I-Zie3r2Pzk
Not all victories are marked by the glorious words, “not guilty.” There are other quieter, subtler victories. And buried among the cat videos, and viral defense attorney ads, there’s a YouTube video that celebrates the more frequent public defender victories.
In a talk at Harvard, Kentucky Training Director Jeff Sherr uses a probation violation hearing to demonstrate the impact a calm, cool, collected and well-trained public defender can have. Since court proceedings in Kentucky are video taped, instead of transcribed by a court reporter, you get to see my newest hero, Missy Goodman in action. Missy is a public defender in Pikeville, Kentucky, home of the Hatfields and McCoys.
This article is a response to the article read in episode 7 by Jacinta Hall . Both originated as emails to the Gideon's Promise listserv and have been reworked slightly for NAPD.
Last Tuesday was one of the saddest days I've ever experienced as an attorney. My client died at the hands of the State of Mississippi, and it wasn't an execution. He died as a pre-trial detainee in a death-trap jail pod in the Hinds County Detention Center.
You must lead a culture change in the public defense community about juvenile practice. It is not ‘kiddie court’, it is not a training ground for new lawyers, and it is not a lesser practice area because it does not have juries. These are children, they deserve the best we can provide, they are our future and they present to us our greatest obligation to do our best.
Public defenders committed to reform have always talked about two categories of fixes: financial (we obviously need more resources and more manageable caseloads to live up to our obligations to each client) and structural (we need to ensure public defenders are not put in the position where their loyalty to the client is compromised because of the competing need to please judges, funders, or retained clients). But what we have often overlooked is a third important category: cultural reform.
Sometimes our job as advocates is to hold back the voracious, drooling monster that is the court system just long enough to give our clients enough space to decide for themselves how they will battle the beast. Today was one of those days for me.
As managers, we need to make it acceptable to acknowledge the pain and hurt that comes with the job, as well as with our lives outside work. We need to change the office culture that often equates any request for help with weakness.
Representative John Lewis once said that as Public Defenders it is our duty to “Get in the Way”. Such seemingly simple, yet powerful words. They convey images of single warrior standing tall in the face of seemingly immense power and fighting until the end, regardless of the result. Or the group of unarmed individuals walking arm–in–arm, ready to face down and stand united against whatever opposing force comes their way.
By Ernie Lewis
Incidents of courtroom violence seem to be somewhat on the increase. What’s going on? Are people angrier now than they once were? I don’t pretend to know what’s in the water, but do have a couple of observations.