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10/25/2016 Public Defender’s Office • County Attorney’s Office • 4th Judicial District October 26, 2016 Office of the Public Defender Hennepin County – 4th District Mary F. Moriarty, Chief Public Defender 1 10/25/2016 BOSTON MASSACRE JOHN ADAMS 2 10/25/2016 1770 Adams would later describe his role as “(T)he greatest service I ever rendered my country.” Why? In a town where British soldiers were hated, there had been a fair trial by jury. In a land where mobs could sway events, the world saw that justice and liberty were valued as the legal rights of all!” Clarence Earl Gideon 3 10/25/2016 Gideon’s Petition United States Supreme Court 4 10/25/2016 March 18, 1963 Gideon v. Wainwright: The assistance of a lawyer for a defendant who could not afford to hire his or her own lawyer was a fundamental right under the United States Constitution August 5, 1963 • A second trial • The state of Florida paid for Mr. Gideon’s lawyer • His lawyer questioned the eyewitness about inconsistencies • The jury found Clarence Earl Gideon not guilty after one hour of deliberation 5 10/25/2016 MINNESOTA? • 1967 – Judicial council formed to oversee public defense services, which are provided through individual counties • 1981 – Minnesota Board of Public Defense created • 1999 – All employees hired after January 1st will be state employees 6 10/25/2016 Hennepin County District Court The Fourth Judicial District includes only Hennepin County, which includes 46 cities (population: 1.2 million). It is the state's largest trial court with 62 judges, 15 referees, and 582 staff who process approximately 40% of all cases filed in the state. Courtrooms and administration offices are located in eight (8) buildings, including five in downtown Minneapolis and three in the suburbs. Everyone who enters courtrooms must pass through weapons screening. The buildings are managed by Hennepin County. Racial Composition of Hennepin County 7 10/25/2016 Disposed of Cases by Race ISSUES UNIQUE TO HENNEPIN • • • • • Funding streams Budgets Unions HR rules Salary parity 8 10/25/2016 Hennepin County Public Defender’s Office • • • • • • • Lawyers (Juvenile & adult criminal, CHIPS & TPR) Immigration Lawyer Investigators Social workers IT Paralegals Secretaries We represent low income clients on adult and juvenile criminal cases 9 10/25/2016 ELIGIBILITY PROCESS • • • • • Client must request a PD & be eligible I am appointed by the court I assign to assistant public defenders If they don’t like PD, they usually do not get another Represent themselves or hire private counsel Our obligation is to represent our client, not what might be in our client’s best interests. 10 10/25/2016 SO…. • If the client doesn’t want treatment, we don’t ask for it • The client may reject what appears to a reasonable offer • The client may demand a trial or hearing when it appears to be an uphill battle We Stand With You 11 10/25/2016 What Does That Mean? • • • • • We went to law school Independent Empower good decision-making Most of us view public defense as a career We like working with our clients Issues • We cannot refuse cases • Cases more complex (collateral consequences, enhanceable) • More clients have mental health and CD issues • Large caseloads • Technology • Loss of staff (retirements, compensation issues) 12 10/25/2016 Staffing • Our county FTEs have significantly decreased the last three years • State staffing levels have decreased as well TALENTED & PASSIONATE NEW LAWYERS 13 10/25/2016 Become an intelligent consumer of criminal justice information BOOKS • • • • • • • The Warmth of Other Suns Slavery by Another Name The Short, Tragic Life of Robert Peace Just Mercy Freedom Summer Between the World and Me The New Jim Crow 14 10/25/2016 WEBSITES • • • • • https://www.themarshallproject.org/ http://gideonspromise.org/ http://www.brennancenter.org/ http://www.innocenceproject.org/ https://www.schr.org/ DOCUMENTARIES 15 10/25/2016 ADVOCATE FOR CHANGE • • • • • • Mandatory minimums Reinstate civil rights - voting Police training and accountability Alternatives to prison/jail - BHI Collateral consequences Question politicians Michael Freeman, County Attorney Hennepin County Attorney’s Office 16 10/25/2016 Hennepin County Attorney is elected every four years Mike Freeman County Attorney 1991-1998, 2007-present Serve justice and public safety • Prosecute adult felonies and all juvenile offenses • Help prevent crime • Represent all Hennepin County departments 17 10/25/2016 Staff • 189 Lawyers • 34 Victims Services staff and advocates • 425 total employees Criminal Divisions • Adult Prosecution: Crimes against persons • Gang Unit: Offenders with gang affiliation • Juvenile Prosecution: Juvenile offenses • Community Prosecution: Drug, property crimes • Special Litigation: Complex crimes, appeals • Victim/Witness: Advocates for victims 18 10/25/2016 Review Case, Make Charging Decision • Charge the defendant and prosecute case • Send the case back for more investigation • Decline the case In 2015 • Reviewed 8,707 adult felony cases – Charged 5981 or nearly 69% • Reviewed 5,613 juvenile cases – Charged 3610 19 10/25/2016 Sample Criminal Complaint The complaint establishes probable cause and includes • PC narrative • crime(s) charged • relevant statute(s) • maximum penalty for the crime • the defendant Pre-Trial Process • First Appearance/Arraignment – Bail, conditions of release • Pre-Trial Conference • Discovery • Plea bargaining – Defendant pleads -> sentencing – No agreement, case set for trial 20 10/25/2016 Trial Process • Jury selection (voir dire) • Conviction – 12 jurors unanimously agree prosecutor proved case beyond reasonable doubt • Sentence – Judge weighs guideline sentence, impact statements, info from probation, prosecutor and defense attorney. Adult Prosecution • Keith Haynes 1996 rape, DNA cold case. • Maureen Onyelobi, David Johnson convicted in murder conspiracy in drug dealing operation. 21 10/25/2016 Innovations: Using Technology in Trials Gang Unit • Ten people charged with bribing and intimidating witnesses to recant their testimony against 1-9 Dipset gang members convicted of murder. • Shooting feuds between gangs result in convictions of James Davis outside Target Field and Kibbie Walker near HCMC 22 10/25/2016 Community Prosecution: Record 30-year sentence for meth ring kingpin New nuisance property intake process • 3-4 times as many referrals • Streamlined response process Special Litigation: Complex Crimes • Colin, Andrea Chisholm welfare fraud • 50 people convicted of mortgage fraud – $125 million in fraudulent loans • Vulnerable adults 23 10/25/2016 Victim/Witness: Helping Crime Victims Victim advocates help victims understand their rights and available programs. Domestic abuse victims can visit our Domestic Abuse Service Center to access legal assistance and social services. Civil Divisions • Civil: represents all county departments, including Sheriff, HCMC, etc. Target Station. • Child Support: ensures children have financial, medical, emotional support • Child Protection: keeps children safe – 9-yr.-old stowaway to Vegas; Adrian Peterson’s son – includes be@school truancy prevention program • Adult Services: handles mental health cases and civil commitments 24 10/25/2016 School Attendance 98% of youth who commit a felony were truant first. works with schools in Hennepin County and parents of children who frequently skip school. Passing needed legislation Every year we work with legislators to pass laws to protect public safety. Past and current examples: • Added 3 domestic violence felonies to crimes that prohibit the felon from ever owning a gun. • Expungement bill that balances public safety with removing a crime from a person’s record • Voter restoration • Drug thresholds 25 10/25/2016 Break 26 10/25/2016 Hennepin County District Court Fourth Judicial District of Minnesota Hon. Ivy S. Bernhardson Chief Judge To provide justice through a system that assures equal access for the fair and timely resolution of cases and controversies 27 10/25/2016 1 of 3 separate and co-equal branches of government Enshrined in Minnesota Constitution in 1857 (Articles III and VI) Not a state agency Three levels District / Trial Courts – 289 judges (10 judicial districts) Court of Appeals - 19 judges Supreme Court - 7 justices (Final appeals / Arbiter of MN Constitution) 28 10/25/2016 By act of the Legislative Assembly of the Territory of Minnesota (other district courts and Supreme Court also established) 1 year after Hennepin County established 3 years before Minnesota Constitution adopted 5 years before Minnesota statehood Divisions Civil Criminal and Traffic Family Juvenile Probate / Mental Health (civil commitment) 29 10/25/2016 62 judges (Number set by legislature) 15 (13 FTE) referees (Lower-level, specialized judicial officers) 564 FTE staff Also, non-employees (Conciliation Court referees, retired judges, interpreters and others) 5 Downtown Hennepin County facilities Government Center Family Justice Center Juvenile Justice Center Public Safety Facility Minneapolis City Hall 30 10/25/2016 3 Suburban Hennepin County regional centers Brookdale in Brooklyn Center Ridgedale in Minnetonka Southdale in Edina By far, busiest of state’s 10 judicial districts 22% of Minnesotans live in Hennepin County In 2015, handled 38.2% (493,321) of state’s trial court case filings More than twice as many filings as that handled by next-busiest district 31 10/25/2016 “Representative government and trial by jury are the heart and lungs of liberty.” (John Adams,1774) "I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” (Thomas Jefferson, 1789) At HCDC in 2015… o 918 jury trials requested (784 criminal , 134 civil) o 27, 438 citizens summoned o Persons of color comprised 17.8% of persons serving as jurors o 32 10/25/2016 Most criminal defendants suffer from one or more of these: Drug or alcohol addiction or abuse Mental illness Physical disability Many litigants are self-represented At least one party is without an attorney in most family and minor civil cases at HCDC Slows trials and reduces court efficiency 33 10/25/2016 Non-English speaking litigants in 2015: 37% (9,417) of state court interpreter requests handled by HCDC Interpreter requests for more than 100 languages provided annually Slow trials and reduce court efficiency as they do not understand the legal system An increasingly electronic court: Court records E-filing, e-charging, e-citations Converting archives to images All-electronic court files View all imaged public documents at any MN courthouse 34 10/25/2016 Assisting self-represented litigants Court self-help service centers (SHC) at Government Center and Family Justice Center assist those without an attorney 38,662 visitors to both SHCs in 2015 Helps to reduce courtroom delays Problem-solving courts Model High-risk, high-need population Protects public safety and due process Non-adversarial prosecutor / defense counsel Intensive judicial / probationary supervision Graduated incentives and sanctions 35 10/25/2016 Problem-solving courts Types Criminal Mental Health Court (PRISM Center for probation / treatment) Drug Court DWI Court Veterans Court HCDC’s funding in FY 2015 $62.3 million from Minnesota Legislature $0.7 million temporary federal grants Judicial Branch is <2% of entire State government budget 36 10/25/2016 Impartial state for litigation “Minnesota ranks 4th among all fifty states in the fairness of its litigation environment.” (behind Delaware, Nebraska and Wyoming) (2012 survey commissioned by U.S. Chamber Institute for Legal Reform) 37 10/25/2016 Tour 38