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Lewis discusses issues facing public defenders
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By MISTY MAYNARD, Staff Writer
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While still in law school, Tom Griffiths once spoke to a minister who told him that in serving as a public defender, he would have clients who would be dealing with the worst thing they have ever done.
However, he noted, "we're all better people than the worst thing we've ever done."
"There is no one who is beyond redemption," said Griffiths, now directing attorney at the Maysville office of the Department of Public Advocacy -- commonly known as the public defender's office. "A lot (of the clients) are facing problems that are overwhelming to them, and very often are under more stress than they have ever been under."
That's why it is so important to have a strong public advocacy office. When facing a situation that seems overwhelming, with little resources of their own, a public defender can be a person's strongest ally.
Griffiths and Amanda Mullins, an attorney also with the Department of Public Advocacy here in Maysville, know that sometimes public perception of what they do in representing defendants can be negative. As Griffiths noted, many people ask them how they can be around the sort of people they are around so frequently. He simply tries to explain that his clients are not any particular kind of people -- they can be anyone, a neighbor, a friend.
"There is no difference," he said.
Public defenders have what is probably one of the most under-appreciated roles in the court system. As Mullins said, people question why she and others have selected the field, and sometimes there is an opinion that, somehow, a public defense attorney is somehow sub-par to private attorneys.
Yet few people could manage the caseload these attorneys manage, juggling their numerous responsibilities -- all on an admittedly sub-par salary.
Public Advocate for the Kentucky Department of Public Advocacy Ernie Lewis has been meeting with local legislators, judges and defenders throughout the state as part of the Realizing Justice Campaign, and was in Maysville recently. His focus for each of these visits was hinged on two growing concerns with public defender's offices: that of a continuing growth in caseloads, and the need for substance and mental health treatment verses incarceration.
According to information provided by Dawn Jenkins with the Kentucky Department of Public Advocacy office, caseloads increased by 5.8 percent since 2006, and 34 percent since 2000. Many of these defendants have untreated mental illnesses or drug and alcohol dependency, according to the information released.
"We cannot incarcerate our way out of this problem," said Lewis.
The DPA is recommending a social worker be placed in trial offices, including Maysville's, to identify and refer people with those problems to treatment options.
The pilot social work program handled 361 clients in one year, and a had 100 percent success rate in finding specialized treatment for those assessed, according to the information provided by Jenkins. Every day a Kentucky inmate is treated rather than imprisoned is a savings of $68 per day for the state, and of $36 per day in jail costs.
Griffiths said a social worker would greatly lessen the workload for public defenders.
Even though Maysville has a slightly lower than average caseload per attorney, it still ranges around 375. The average amount of new open cases per attorney in Kentucky is 436 -- which means an attorney can invest only a handful of hours on the case.
Attorneys in the local office not only work on their cases, but invest in their clients, trying to do what the social worker could do in monitoring treatment and various other aspects.
The drug court should help as far as treatment, but could create even more work for attorneys in the local DPA office, Griffiths said. While it is a trade-off he is willing to make for the benefit of the clients, having additional help would be appreciated.
With the incredible workload, it is easy to see that a public defender must truly care about the work to make it worthwhile. That becomes even more evident when a person looks at the salary beginning attorneys in the DPA system make.
According to Lewis, starting salary can range right around $38,000 -- much lower than an attorney entering a private firm could make. And many graduate law school with thousands of dollars in student loan debt.
Mullins, who majored in sociology and received a minor in women's studies as an undergraduate, said she knew she wanted to go to law school early on in her college career.
"It's easy to read about things and study ... but to really do something about it, I thought the best way would be law school," she said.
Mullins interned with Legal Aid, but criminal law grabbed her attention in law school. She was also a law clerk in a public defender's office while a student, and worked with the Kentucky Innocence Project, which she said was like an externship, where she investigated an inmate's claim of innocence.
The Lewis County native decided to return to the area after law school, accepting a position at the Maysville office.
In the office, Mullins is juvenile specialist, and handles almost the entire juvenile docket. She said her job is most rewarding when she can see a youth who changes their lives, and makes a better choice.
"I don't know that I'm responsible for it, but it's good to see it when it does (occur)," she said.
Mullins, like other law school graduates, has student loans. However, she said she is in a slightly better position than most serving as public defenders because she met the qualifications of a program that will repay her student loans up to a certain amount every year she works. There is currently a bill pending, said Mullins, which would broaden the requirements for that repayment program so more people could benefit.
Griffiths completed his undergraduate education at New York University, then went to law school in Boston, Mass. He said he knew he wanted to go into public defense, and as soon as he graduated he moved to Kentucky to be a part of the system. He chose Kentucky, he said, because during law school he met with people from all over the country, and was most impressed with Kentucky's system. He also said he wanted to move away from the larger cities.
Griffiths said he wanted to enter the field of public defense because people sometimes end up in situations beyond their control, and need help from someone who specialized in criminal law.
Griffiths shared one case that was particularly rewarding for him, when four young African American, ages 11 to 14, were "wrongfully charged" with burglary.
Griffiths said the case was one he was involved in before coming to Maysville.
The situation was these youths were visiting a white friend when a neighbor called police. The four were offered a plea deal in which they would do community service on a misdemeanor conviction, but refused it.
Griffiths said they took the case to court, and won. As he was getting ready to call a witness, the judge interrupted and said there was "no need," that all four were "not guilty."
Griffiths, who was sitting at the table with the four youth and their parents, said all of them jumped up and hugged him.
"The more I do it, the better I feel about what I do day to day," he said.
Contact Misty Maynard at misty.maynard@lee.net or 606-564-9091, ext. 274. |
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Reader Comments
Comments are limited to 200 words or less.
Charlie wrote on Dec 26, 2007 5:22 PM: " Paducah misses you, Tom! Keep on fighting the good fight, my brother! "
Michael wrote on Nov 23, 2007 2:54 PM: " Thefre's the saying: give a person a hammer and everything becomes a nail.
Our system works the same, it can punish behavior easily by simply putting spmeone in jail, It's much more complicated though less expensive to detetermine what can be done to show a person better alternatives. As a result, we have a higher percentage of the population in custody than almost any other country.
Needless to say, science has long ago found that this doesn't create better citizens but worse.
"
Someone wrote on Nov 15, 2007 11:59 PM: " TOM! WE GREATLY APPRECIATE WHAT YOU DO! YOU HAVE DONE ALOT TO HELP ME AND MY BOYFRIEND OUT! THANKS FOR EVERYTHING! YOUR WONDERFUL! "
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