Today, Hunter is joined once again by University of Michigan Professor of Law Eve Primus. So far, Eve and Hunter have discussed Public Defender Systems, Structures, and how Law Schools can do better at getting students interested in Public Defense. However, today’s conversation is focused on her upcoming law review article about how courts around the country have eroded the famous Miranda warnings and what we can do about it.   

Guests:

Eve Primus, Professor of Law, University of Michigan

Resources:

The State[s] of Confession Law in a Post-Miranda World:  https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4742148

The Future of Confession Law: Toward Rules for the Voluntariness Test:  https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2540302

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 *Any Comments made by Myself are mine and mine alone and do not reflect the views of the Colorado Office of the State Public Defender*

Today, Hunter is joined Lucian Dervan, Professor of Law and Director of Criminal Justice Studies at Belmont College and Founding Director of the Plea Bargaining Institute. For more than a decade, Lucian has been at the forefront of uncovering the troubling issues with America’s plea deal driven criminal legal system. Lucian founded the Plea Bargaining Institute in order to bring together the latest and greatest research and caselaw on plea bargaining to help people challenge our plea bargaining system.  

Guests:

Lucian Dervan, Professor of Law and Director of Criminal Justice Studies, Belmont College of Law, Founding Director of the Plea Bargaining Institute

Resources:

Plea Bargaining Institute

https://pleabargaininginstitute.com/

Brady v US

https://supreme.justia.com/cases/federal/us/397/742/

Lucian’s Faculty Page

https://www.belmont.edu/profiles/lucian-dervan/

14 Principles of Plea Bargaining

https://www.americanbar.org/groups/criminal_justice/publications/criminal-justice-magazine/2024/winter/fourteen-principles-path-forward-plea-bargaining-reform/

Plea Bargaining Study

https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1000&context=jclc

Follow Lucian

https://x.com/luciandervan?lang=en  

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 *Any Comments made by Myself are mine and mine alone and do not reflect the views of the Colorao Office of the State Public Defender*

Today, Hunter is joined by another amazing guest from the Wren Collective, Adrienne Johnson. Today’s conversation is about their report on Public Defense in Gwinnet County, Georgia. While there is a state wide Public Defender in Georgia, Gwinnet County has been able to maintain its independence from the state system. If Public Defender’s in Gwinnett County want to maintain that independence, it is essential that they address some of the glaring problems in Public Defense that this report exposed.

Guests:

Adrienne Johnson, Senior Counsel, Wren Collective

Resources:

Read the Report Here

https://www.wrencollective.org/_files/ugd/8fe8f0_ff1ad77fe24b47db9bb6fef98d6aad47.pdf

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 *Any Comments made by Myself are mine and mine alone and do not reflect the views of the Colorado Office of the State Public Defender*

Today, Hunter is joined once again by Justice Text Co-Founder Devshi Mehrotra to discuss how Justice Text is helping Public Defender Office’s enter the digital era. This time, Devshi brought Elisabeth Pollock, Chief of the Champaign IL Public Defender Office, to talk about the serious digital overhaul Elisabeth undertook once she took charge of the office. Coming from the federal system, Elisabeth was used to a fully digital system, so it came as quiet a shock when Elisabeth realized that her new office in Champaign County was a completely paper-based system. Thankfully with the help of Justice Text, Elisabeth was able to quickly digitize the office and finally start analysing the countless hours of body camera generated by their cases.   

Guests:

Elisabeth Pollock, Chief Public Defender, Champaign County, Illinois

Devshi Mehrotra, Co-Founder, Justice Text

Resources:

Justice Text

https://justicetext.com/

Chicago Appleseed Fair Trial

https://www.chicagoappleseed.org/

Elisabeth Contact

https://www.linkedin.com/in/elisabeth-pollock-38377110/

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*Any Comments made by Myself are mine and mine alone and do not reflect the views of the Colorao Office of the State Public Defender*

Today, Hunter is joined once again by Patricia Warth, Director of the NY Office of Indigent Legal Services. This time, Hunter and Patricia discuss the in the weeds budget moves that are threatening vital programs in New York Public Defense. Specifically, they talk about the failing family court system and how a sweep up of funds may endanger an already struggling practice.

Guests:

Patricia Warth, Director, New York Office of Indigent Legal Services

Resources:

Coverage of the Fund Sweep Up

https://brooklyneagle.com/articles/2024/03/22/legal-advocates-oppose-234m-funding-cut-from-public-defense/

https://www.nylpi.org/resource/ilsf-sweep-organization-sign-on-letter-3-21-24/

https://nysba.org/nysba-supports-funding-of-the-indigent-legal-services-fund/

ILS Website

https://www.ils.ny.gov/node/7/ils-office

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Today, Hunter is joined by the newest State Public Defender of California, Galit Lipa. As discussed on previous episodes, California has a county based public defender system. As such, Galit and her office sit in a limited role to help train public defenders around the state. Following a law suit and several reports highlighting the failings of public defense in California, Galit and her team could prove to be a pivotal voice in rethinking the delivery of California public defense.

Guests:

Galit Lipa, State Public Defender, California Office of the State Public Defender

Resources:

Contact Galit

https://www.linkedin.com/in/galit-lipa/

OSPD

https://www.ospd.ca.gov/

https://www.ospd.ca.gov/ospd-sharepoint-pages/

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Today, Hunter is joined by Molly Gilbert and Jason Schwarz to discuss the plan to implement Public Defender workload standards across the state of Washington. Despite not being a centralized Public Defender system, the Public Defenders of Washington, spurred by the State Supreme Court, figured out how to work with the state bar to get workload standards. As they sit on the verge of getting enforceable standards approved by the State Supreme Court, Hunter, Molly, and Jason explore how these workload standards came to be and what other states can learn from this process.

Guests:

Molly Gilbert, Investigator and Union President, Department of Public Defense, King County Washington

Jason Schwarz, Director, Snohomish County, Washington

Resources:

News Coverage of New Workload Standards

https://www.seattletimes.com/seattle-news/washington-bar-approves-much-lower-caseloads-for-public-defenders/

https://www.king5.com/article/news/state/plan-ease-caseloads-public-defenders-bankrupt-some-counties/281-b67dcd4b-fe19-4608-ade5-4c297f29e0b4

https://www.wsba.org/connect-serve/committees-boards-other-groups/council-public-defense

Publicola- New Caseload Standards Aim to Improve Ailing Public Defense System, But Could Take a Bite Out of County Budget

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Email Molly

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WSBA Meeting

has been uploaded to Youtube,

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Today, Hunter is joined by Taylor Herbert, a Public Defender in Lan County Oregon to discuss civil commitment. As is often talked about on the show, the divide between the civil and criminal legal system is far smaller than many are willing to admit. Civil commitment is the process by which a person can be confined in a mental health facility against their will. Unlike a criminal process, which does not allow for you to be deprived of liberty unless you’ve been proven guilty beyond a reasonable doubt, civil commitment allows for a deprivation of liberty after only reaching clear and convincing evidentiary standard.  Why is this an issue? Why do we allow? What are the failings of civil commitment in Oregon? All that and more on this episode!

Guests:

Taylor Herbert, Staff Attorney, Mental Health Division, Public Defender Services of Lane County, Oregon

Resources:

ORS 426-427

https://www.oregonlegislature.gov/bills_laws/ors/ors426.html

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Today, Hunter is joined once again by Public Interest lawyer Stephen Hanlon. This time, Hunter and Stephen are breaking down the five year plan that he hopes will fix Public Defense in Oregon. While it is surely an ambitious plan, this plan gives urges public defenders to do all that they can to force the powers that be to take the crisis seriously: case withdrawals.

Guests:

Stephen Hanlon, Public Interest Lawyer

Resources:

Oregon Report 5 Year Plan

https://www.opb.org/article/2024/03/21/oregon-public-defense-report-more-attorneys/

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Today, Hunter is once again joined by Lee Wachocki, a Public Defender and union leader in Portland, Oregon. As the Public Defender crisis continues in the state, this week is about figuring out how the state is responding. At the front line level, Lee reveals that little has functionally changed at his level to demonstrate the state is close to solving the problem. In fact, with Oregon recriminalizing drug possession, the state appears primed to super charge the issue.

Guests:

Lee Wachocki, Public Defender, Multnomah County

Resources:

Multnomah County DA Debate

https://www.youtube.com/watch?v=wehZ548c-OY

DA Schmidt Endorsing Recriminalization

Mike Schmidt Endorses Proposal to Recriminalize Hard Drugs (wweek.com)

 Bad Reporting on Public Defender Caseload

Record Number of People Face Criminal Charges in Multnomah County With No Defense Attorney (wweek.com)

Impacts of Recriminalization

https://www.axios.com/local/portland/2024/03/19/public-defender-crisis-recriminalization-oregon

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