Public Defenseless

25: The Need for Mercy in the Kentucky Legal System w/Ed Monahan


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In 1976, Ed Monahan was hired as a Kentucky assistant public defender. He would eventually go on to be the state’s Public Advocate for an impressive 9 years.

 

Although he no longer fills that position, today Ed comes on Public Defenseless to talk about the impactful work he did in that role and the advocacy he continues to do today. 

 

He’ll also give you a good overview of the public defense system in Kentucky. While the state has a good foundation, it still desperately lacks funding. 

 

In a state that has one of the highest incarceration rates in the nation, Ed Monahan is turning around the system for the better. 

 

Key Topics and Takeaways:

 

  • Ed’s background and how he got to where he is today. [9:57]
  • The evolution of Kentucky public defense. [12:01]
  • Alternative sentencing. [26:36]
  • Ed explains Marsy’s Law. [38:04]
  • Why many people don’t believe in “innocent until proven guilty.” [42:09]
  • The greatest public defense victories in Kentucky. [45:23]
  • The NAPD standard that gets the least attention and the most important one. [52:22]
  • The importance of having a private place for legal communication. [56:58]

 

Guest:

 

Ed Monahan, Former Public Advocate for the Commonwealth Kentucky, Former Executive Director of the National Association of Public Defenders Fund for Justice, Active Contributor to National Association of Public Defenders' Policy

 

Resources:

 

FY19 Kentucky Department of the Public Advocate Annual Report

Ed Monahan OpEd on Bad Statistics Driving Policy

Ed Monahan & Nina Ginsberg on Marsy's Law

Farewell Address from Ed Monahan

NAPD Policy on Active Supervision

NAPD Policy on Staffing

NAPD Policy on Independence

NAPD Policy on Proper Professional Space

 

Memorable Quotes:

 

“I came on without any training. I was just handed cases. And so I knew there was a better way.” (17:54, Ed)

 

“We have good training culture of active supervision, but what Kentucky has not had is adequate funding through all these years.” (20:25, Ed)

 

“There still are many public policy leaders in Kentucky who when faced with those facts of reduced crime rates still have this desire to incarcerate more people for longer periods of time. It's really a financially imprudent and counterproductive way for Kentucky to use its limited resources.” (28:27, Ed)

 

“I really believe as public defender leaders, we have to do a better job of communicating the public value of public defense.” (34:54, Ed)

 

“I do public defender work out of my deep held beliefs that poor people deserve to have the best representation that money could buy.” (38:51, Ed)

 

“Having realistic hope in what's possible in the future is the motivation to continue to apply the talents and skills any of us have to work for a better criminal justice system.” (47:50, Ed)

 

Contact Hunter Parnell:

 

[email protected]

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Public DefenselessBy Hunter Parnell

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