The Dark Side?

Last week I attended a meeting of judges from around my state.  A very nice affair and before I get to the point of this article let me say, there were a number of judges I was very happy to […]

Ten Things Prosecutors Know

It’s time for another list.  This time the focus is on prosecutors. Admit it, you have things you want to say about prosecutors.  Please join in with your own.   Of course, prosecutors come in all shapes and stripes.  There are plenty of good ones […]

Holistic Defense in Knoxville: Youth Programs

Each Tuesday and Thursday afternoon, the Knox County Public Defender’s Community Law Office (CLO) opens its doors to youth in the community. Three programs – Summer at the CLO, The Arts Academy, and The Zone – are designed to prevent […]

NAPD Strike Force – You are not alone

NAPD has decided to establish a Strike Force to respond to request for assistance from public defenders and public defender organizations who are facing a local crisis either in or out of the courtroom. NAPD will not go where we […]

First Appearance Representation – The Law Favors Pretrial Release

It is time for defenders to maximize using federal constitutional rights and state legal protections to their fullest. Defense lawyers are not accustomed to finding the law on their side.  Surely not at suppression hearings when they argue to exclude police […]

Why Should the Public Care about Public Defense?

Can you articulate – in a sentence or two – why people should care about public defense?  I ask because if public defense is ever to be properly supported – as opposed to chronically disrespected and underfunded by policymakers – […]

Kentucky Supreme Court Upholds Ethics Opinion that Prohibits Waiver of IAC as a Condition in Plea Agreements

In a unanimous opinion rendered on August 21, 2014, the Supreme Court of Kentucky affirmed KBA Ethics Opinion E-435, which stated that: (1) a criminal defense lawyer may not advise a client with regard to a plea agreement that waives […]

Sole Eyewitnesses Recant in Two Recent Murder Cases

Gunshots ring out, bodies drop and the perpetrators escape in two separate incidents. Later, the detectives uncover two alleged sole eye-witnesses, who supposedly didn't stick around, but then they are brought downtown and they make positive identifications; the one of […]

Snuffleupugus Due Process

The public outrage over murders of Eric Garner in Staten Island and Michael Brown in Ferguson highlights the struggle I have as a public defender between being an advocate for my individual clients and an activist for a cause. I’m […]

Working with Creative Coalitions on Legislation and Issues

Defender Leaders Persuade Public defender and assigned counsel leaders can influence criminal justice policies. We increase our public policy effectiveness when we partner with creative coalitions,  unusual supporters of a particular bill or issue. And this work with these creative […]