Prosecutors speak out for public defense

In testimony at this morning’s [June 4] Congressional hearing a prosecutor supported reforms for public defense nationwide. He noted that “full implementation of this sixth amendment right to counsel is critical as both a constitutional and practical matter if we are to have the system of criminal justice that our Constitution promises.” But, he added, “this promise is not being kept.” The prosecutor, Robert M. A. Johnson of Anoka MN, called for federal action including creation of an independent National Center for Defense Services and defense/prosecution parity in federal research and grant awards.

Addressing an issue that concerns many here in New York in discussions about creating an Independent Public Defense Commission, Johnson asked the rhetorical question “How can we provide [public defense] assistance with all the other demands we face?” The response: “How can you not? You provide massive amounts of funds to police, prosecution, and prison. It is past time that you invest in an entire system and not simply a punitive piece of the system.”

District Attorneys in New York State who recognize their duty to do justice also support public defense reform. For example, see Westchester County District Attorney Janet DiFiore’s op-ed piece earlier this year.

Prosecutors who “any other day of the week… might have an adversarial relationship with most defense lawyers” can support public defense reform, as the ACLU “Blog of Rights” noted back on March 30, 2009. In covering the earlier Congressional hearing, the blog noted that the prosecutor’s office in Wayne County Michigan (Detroit) appeared in support of public defense reform, quoting from a National Legal Aid and Defender Association report: “When there is an inadequate defense, bad things can happen…. If the wrong person is convicted, a guilty person remains free to continue to commit crimes. An unskilled defense attorney puts an additional burden on an already too burdened prosecutor. It means that the prosecutor must try to watch out for the rights of an accused. Ineffective representation also burdens the appellate process…. New trials are granted. There is no closure for victims and their families…. Memories fade and justice is less likely to be served.”