Public Restrooms, Toothbrushes and Speaking Up

“I’m sorry; we don’t have public restrooms here.” Those were the first words the hostess said to my colleague when he arrived late to meet me and others at the restaurant. Did the hostess say this to my colleague because his […]

Kids and Padilla – Client Focused Representation Can Make Dreams Come True

Padilla is a client focused decision. It recognizes that immigration consequences are often the most important issue to a client. It also recognizes that justice is best served when parties to proceedings craft resolutions that avoid overly harsh consequences. The […]

Get in the Way.

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 […]

How would you characterize NAPD?

Thirty-five public defenders, private lawyers, and advocates gathered in Dayton for two days to talk about the possibility of an organization that was in the wind.  We called it the National Association of Public Defenders.  One of the first activities we […]

Legal Financial Obligations: Understanding the Impact and Developing an Advocacy Strategy

Like most states, when a person is convicted of a crime in Washington, they are assessed fines and fees. These Legal Financial Obligations (LFOs) include a victim penalty assessment (VPA), court costs, drug funds, emergency response expenses, DNA collection fees, […]

Tips for Assessing Firearm Deportability

Immigration authorities use the categorical approach to analyze whether a prior conviction comes within a removal ground. In 2013, the U.S. Supreme Court’s decisions in Moncrieffe v. Holder and Descamps v. United States clarified how to apply this test. These cases reaffirm that it […]

Subpoenas and Social Websites

The subject of subpoenas used to obtain records (duces tecum) is one that you can spend a career trying to master, and never quite get there.  Among the questions you may have to consider when issuing subpoenas are the following: Can […]

Closing Arguments with Dennis Keefe

“Closing Arguments” is a joint venture of the National Association for Public Defense (NAPD) and the Sixth Amendment Center (6AC).  The 6AC will regularly sit down with long-time right to counsel leaders nearing the end of their careers to share thoughts and to […]

Breaking: Red Wine No Longer Protects Against Police Brutality

Continuing their trend of reporting on common examples of police misconduct only when it victimizes people of privilege, the New York Times recently published a story about a Manhattanite who was arrested for the misdemeanor Obstructing Governmental Administration. Any New York City public […]

Can We Be Committed to Both the Client and the Cause? Promoting Racial Justice Through Individual Representation

I woke up today, the day the nation celebrates Dr. King’s birthday, thinking of our community.  We fight every day to represent individuals.  Not because of who they are or the color of their skin; but because we believe in equal […]