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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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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Today, Hunter is joined Professor Robin Bernstein to discuss her newest book, Freeman's Challenge: The Murder that Shook America's Original Prison for Profit. When many of us think of the for-profit prisons, we think of the post slavery south at places like Parchman. However, that is not where the story started. Today, Robin joins the show to discuss Auburn State Prison and what we can learn from the history of for profit prisons.

Guests:

Robin Bernstein, Dillon Professor of American History and Professor of African and African American Studies and of Studies of Women, Gender, & Sexuality, Harvard University

Resources:

 Order the Book Here

https://press.uchicago.edu/ucp/books/book/chicago/F/bo213968137.html

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 Today, Hunter is joined by the powerful Dorsey Nunn. At 19, Dorsey was given a life sentence. Over the next 11 years, Dorsey would be exposed to violence, abuse, and the political education that would awaken in him a lifelong desire to fight our prison system. Today, Hunter talks with Dorsey about his new book, What Kind of Bird Can’t Fly to discuss his lifetime of organizing for the rights of the current and formerly incarcerated. 

Guests:

Dorsey Nunn, Executive Director Legal Services for Prisoners with Children, Co-Founder All of Us or None, Co-Founder Formerly Incarcerated Convicted People and Family Movement

Resources:

 Order the Book Here

https://www.amazon.com/What-Kind-Bird-Cant-Fly/dp/1597146323

Legal Services for Prisoners with Children

https://prisonerswithchildren.org/staff-and-board/

All of Us or None

https://prisonerswithchildren.org/about-aouon/

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Today, Hunter is joined once again by Leah Nelson of Alabama Appleseed. This time, they are joined by Callie Greer, a Community Navigator at Appleseed, to discuss Appleseed’s Afterward. This powerful report sought out to hear from victims and survivors of violence. As is often said on the show, the criminal legal system does a poor job of providing for the needs of all survivors of violence. In fact, the system often perpetuates the harm of those who need help following the tragic events in their life. By going to communities across Alabama, Appleseed hoped to capture the voice of so many people who want need more than just a criminal punishment to be made whole.

Guests:

Leah Nelson, Research Director, Alabama Appleseed

Callie Greer, Community Navigator, Alabama Appleseed

Resources:

Read Afterward Here

https://alabamaappleseed.org/afterward/

Alabama Appleseed

https://alabamaappleseed.org/

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Today, Hunter is once again joined by Brett Schandelson, the Director of the Montana Office of the State Public Defender. Last time he was one, we discussed his efforts to make Public Defense policy in Montana driven by data. Today, we discuss how those efforts have drastically turned the state system around. Specifically, Brett details how doing a better job of tracking cases and sticking to a workload standard has reduced turnover and helped retain Public Defenders throughout the state.

Guests:

Brett Schandelson, Director, Montana Office of the State Public Defender

Resources:

Office of the State Public Defender

https://publicdefender.mt.gov/

Agenda-DIBC-12-13-2023.pdf (mt.gov) 61080-OPD-QFR-Dec2023.pdf (mt.gov) Quick video on the OPD Quarterly Update (at meeting start)

Brett’s presentation 12/13/23 IBC OPD Section

Materials https://leg.mt.gov/content/Publications/fiscal/2025-Biennium/Section-D/Interim/OPD-Narrative-Response.pdf https://leg.mt.gov/content/Publications/fiscal/2025-Biennium/Section-D/Interim/OPD-Fees-Assessed-and-Paid.pdf

https://leg.mt.gov/content/Publications/fiscal/2025-Biennium/Section-D/Interim/OPD-Ethical-Case-Management.pdf

https://leg.mt.gov/content/Publications/fiscal/2025-Biennium/Section-D/Interim/OPD-FTE-Allocation.pdf

https://leg.mt.gov/content/Publications/fiscal/2025-Biennium/Section-D/Interim/OPD-Fees-Assessed-Q1-FY24.pdf

https://leg.mt.gov/content/Publications/fiscal/2025-Biennium/Section-D/Interim/OPD-Contractor-Capital-Hours-Q1-FY24.pdf

https://leg.mt.gov/content/Publications/fiscal/2025-Biennium/Section-D/Interim/OPD-Number-of-Matters-by-FTE-and-Contractors-Q1-FY24.pdf

https://leg.mt.gov/content/Publications/fiscal/2025-Biennium/Section-D/Interim/OPD-Number-of-Matters-Without-MCA-Violations-Q1-FY24.pdf

https://leg.mt.gov/content/Publications/fiscal/2025-Biennium/Section-D/Interim/OPD-Active-Matters-and-Weights-December-7-2023.pdf

https://leg.mt.gov/content/Publications/fiscal/2025-Biennium/Section-D/Interim/OPD-HB-190-Annual-Plan-FY24.pdf

https://leg.mt.gov/content/Publications/fiscal/2025-Biennium/Section-D/Interim/OPD-IBC-Update-Dec2023.pdf

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Today, Hunter sat down with Dr. Shameka Stewart, a juvenile forensic speech language pathologist. While speech language pathologists have long been around, Dr. Stewart is the first person to take the field and apply it to juvenile forensics. The promise of the field was on display as she served as an expert witness for the defense team during the trial of Nikolas Cruz. For those in the criminal defense community, this under utilized forensic science could prove to be one of the most important pieces of evidence against guilt or during mitigation.

Guests:

Dr. Shameka Stewart, Juvenile Forensic Speech Language Pathologist

Resources:

Contact Dr. Stewart

https://www.juvforensicslp.com/

Linkedin

https://www.linkedin.com/in/dr-stewart-032b5a96

Instagram

https://www.instagram.com/drjuvenile_forensicslp/

Twitter

https://twitter.com/drsstanford1

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Today, Hunter is once again joined by former NACDL President, Martin Sabelli. This time, Hunte and Martin are discussing a memo he put out while President about the Ahmaud Arbery murder trial. In that trial, Martin felt that the defense counsel improperly used racism as a tactic in their defense. Martin put out the memo because he felt that those in the criminal defense community, those who fight against systems of racism aught not use the tools of the very system that actively incarcerates so many of their clients. As such, today’s episode is all about figuring out where the line is between individual advocacy and fighting systems of oppression.

Guests:

Martín Sabelli, Former President, National Association of Criminal Defense Lawyers

Resources:

Link to the Memo

https://www.lawyerlegion.com/associations/criminal-defense/national-nacdl/news/1162/nation-39-s-criminal-defense-bar-opposes-dehumanizing-racist-language-used-in-the-trial-of-the-killing-of-ahmaud-arbery

Follow Martin on Twitter

https://twitter.com/martin_sabelli?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor

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