Hundreds of Georgians Charged With Crimes are Left Without Access to a Lawyer
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The US Supreme Court ruled in 1963 (Gideon v. Wainwright) that indigent defendants are entitled to lawyers as a fundamental right and an essential component of a fair trial. But what happens when people don't have access to the low-cost legal representation they need? Unfortunately, this is the reality plaguing Georgia courts right now, leaving hundreds of people charged with crimes without essential legal counsel.
Using information obtained through Open Records Act requests, the Southern Center for Human Rights estimates at least 620 people charged with crimes in Georgia are without lawyers. Because these defendants don't have lawyers to represent them, they have been sitting in jail for months, awaiting bond and arraignment hearings. Sadly, this is due to the state public defender system’s inability to hire and retain so-called “conflict lawyers."
Oftentimes, the issue arises when there are cases with multiple defendants who cannot afford to hire their own attorneys. Due to a conflict of interest, the local public defender's office will not represent other co-defendants in multi-defendant cases. "Conflict lawyers" representing the second defendant in conflict have separate offices in some circuits.
This means that the rest of the co-defendants will be represented by private attorneys appointed by the GPDC. Attorneys who handle these conflict cases - or "C-3" attorneys - must sign contracts accepting the state's fees.
Many Judges and attorneys say much of the problem is caused by the meager fees the Georgia Public Defender Council pays conflict lawyers. According to Howard Simms, chief Superior Court judge of the three-county Macon Judicial Circuit, "No lawyer in the world would take those fees. They would be losing a lot of money with those fees.” It often takes lawyers months or even years to collect all the documentation required to prepare just one case, on top of traveling back and forth to hearings (especially with today's gas prices). “This is not a great time to find low-cost lawyers,” he said. “This is a crisis statewide.”
In an Aug. 25 letter to Superior Court judges in Atlanta and Augusta, the GPDC's executive director, Omotayo Alli, said her office has developed a "specialized third-tier program" with lawyers to represent unrepresented defendants statewide. In addition, she cited a number of reasons why the number of defendants requiring conflict lawyers has significantly increased. These include:
- Indictments of dozens of indigent defendants for racketeering and gang-related crimes have increased dramatically.
- Attorney recruitment is hindered by ongoing disruptions in the labor market.
- A rise in the number of cases where indigent clients have been charged but not formally indicted.
- A growing number of people arrested or detained haven't applied for public defense.
Alli did not attribute the increase in unrepresented clients to the low pay for lawyers taking conflict cases.
Alli wrote, “we continue to refine and adjust our processes to ensure our capacity matches demand for services. Our responsibility to our clients is paramount, the guiding star that informs all our efforts.”
The Southern Center lawyers cited a number of successful lawsuits filed against the state in the past to ensure people charged with crimes receive adequate legal representation. In addition, they asked Alli to let them know when she was free to meet "to discuss a resolution."
“It is unacceptable that in 2022 ... there are hundreds of people languishing in Georgia jails away from their families, homes, and jobs — for months or years at a time — without a lawyer,” Southern Center lawyer Vanessa Carroll said. “When your liberty is on the line, your access to a lawyer should not be reduced to a game of chance.”
Having worked as a public defender in Carroll County for many years, I understand the great need for affordable legal counsel for our community and the struggle to find it. I wish that I had a solution to this problem as I believe that it is only going to get worse. The obvious answer is for the State of Georgia to increase its fees to match the current inflation, but as we all know, the wheels of change turn slowly in state matters.
If you know someone who is caught up in this predicament of having no representation, reach out to a criminal defense attorney near you. They may be able to help or may be able to at least give you some advice on who to contact.
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A Bank Robber Who Made it Easy
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So this story took place in Cleveland, Ohio, and it isn't exactly an arrest story, but the events leading up to the arrest are quite noteworthy.
One summer morning, a man walked into a bank and handed the bank teller a note informing her that this was a robbery and demanded that she give him money. The teller was certainly surprised, but she was about to get an even bigger surprise. The bank robber wrote his demand note on a piece of paper with his full name and address! She quickly learned that the robber's name was Michael Harrell.
The bank teller gathered $206, and as she handed it to him, she called him Michael. That didn't seem to be a clue to Michael that he had messed up, but thankfully he left with his stolen money without any anyone being physically harmed. The bank teller immediately called the police, who involved the FBI, and began looking for Michael Harrell immediately.
Special Agent Vicki Anderson of the Cleveland Office of the FBI said it is not uncommon for suspects to accidentally incriminate themselves like this. "We've had individuals drop things on the way out the door that they didn't intend to, obviously," she said. "We've had individuals drop cellphones that have all their identifying information in it."
"A lot of times, we're sending out pictures, we have no idea who this person could be or what part of town they could be from. And when you present a note that has your name already on it and address, it helps law enforcement tremendously."
Michael was arrested shortly after the crime took place and pled not guilty. The FBI thanked him for making their jobs easier. If only it was always that easy to find the perpetrator!
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Thank You for Reading!
~Julie
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