thoughts from my profession. I serve, as a small part of my practice, as a small town public defender. Therefore I am part of the PD group. This from that group. In reading the letter, please know that I do not label myself as "brilliant."
Colleagues:
Bill Ward, Minnesota Public Defender, wrote the following on how we, public defenders, can move forward after last week’s election. I thought I would share these great words with you.
Kimberly J. Simmons
Executive Director
State Public Defense Commission
View attachment 30624
---------- Forwarded message ----------
From:
Ward, William <
William.Ward@pubdef.state.mn.us>
Date: Mon, Nov 14, 2016 at 3:19 PM
Subject: Now what?
To:
I suspect many of you are exhausted after the election last week and from the conversations playing out on the media – including social media – since Wednesday. Not quite half the eligible voting electorate was happy, the rest not so much. We have witnessed peaceful demonstrations and will continue to hear from those speaking out about the results. For so many, the stages of grief are a reality. Of course, the issue is what do WE do? WE as in our collective body of brilliant, dedicated, zealous advocates who toil day-in-day-out on behalf of the indigent accused.
Obviously, our agency – our team – works in a role like no other – we fight to uphold the very values that most everyone in this country believes in: the Bill of Rights. Granted some believe in certain aspects of the first ten amendments over others; they point to one having more importance or close their eyes if the amendment doesn’t serve “their” purpose. Our duty is to uphold all of the rights – indeed we are paid by the government to fight against the government if they want to erode or strike out at rights that are beholden to all of us. That means we need to redouble our efforts on behalf of all of our clients, all our citizens. We need to stand up on behalf of our clients who are targeted because of their nationality, the color of their skin or because they are poor. It is because of who we are and what we do that we are uniquely suited to fight on behalf of all of the citizens of our state and our country.
So, now what? Here are a few things WE can do:
- We must let our clients know that we are there for them – we will continue to stand up for them no matter the circumstances. I thought we were making some advances in the indigent defense arena over the course of the last several years: from publications, DOJ amicus briefs, committee meetings/hearings on mental health issues, better national conversations, Gideon’s Promise, NAPD and other organizations working on behalf of the indigent accused. However, from what I am seeing and hearing the last few days, I believe our clients rightfully fear reprisal and feel very vulnerable – on the national front and here locally. We need to increase our efforts to engage in community dialogue and outreach to reassure the communities in which we live and work and to remind the government that we will continue to aggressively fight against harms done to our clients and the Bill of Rights.
- We need to look within. We need to continue to examine implicit bias as we go about fulfilling our duties to the individuals we are honored to represent. It’s difficult to see implicit bias in others if we don’t take the time to see ourselves. Yes, these are or may prove to be difficult discussions. However, if we are true to ourselves and the individuals we represent, these discussions are vital for us to address how individuals of color are treated in our criminal court system, on the streets of our communities and the existence of white privilege.
- We need to step up and fight against racism and bias in the criminal court system and in our communities. Let’s own the TSA’s line of “If you see something, say something” and apply it in our jobs: “IF YOU SEE OR HEAR SOMETHING, IT’S YOUR ETHICAL DUTY TO SAY SOMETHING”. As a society, we cannot afford to look away. For too long, we have, in some ways, kicked the can on fully addressing the issues. I understand the reasons as to why, but we need to ramp up the fight on behalf of all of us – most importantly on behalf of our clients. Through better collection of data on “stops” to better litigation addressing pre-textual (read racial bias) stops. Yes, we will lose many of these challenges but all we need is one. Aside from 4th Amend challenges, let’s continue to litigate bail and sentencing issues as well. We need to coordinate this by working through our appellate office. We need to improve on our discussions/questions on race during voir dire. Take it head on. It may be uncomfortable, but absolutely needs to be addressed.
- Criminal Justice reform has been a bi-partisan effort the last couple of years – we need to remind the players of this and to continue to work going forward. The discussion perhaps seems “neutral” because it has involved costs to the jurisdictions, but any reform may prove to be helpful to our clients. Keeping the accused from ever getting into the system needs to be one of our top priorities. Pre-charge diversion, education on “collateral consequences”, and decriminalization should continue to be a focus for all of us.
- Get to know your new (or incumbent) Representative and Senator. I guarantee that there will be national discussions – out of fearmongering and the rhetoric we have heard for the last year – on national ID’s for certain individuals, as well as introducing in Congress legislation that was found unconstitutional in AZ – the “show us your papers” law. If there are discussions on laws that infringe on our rights in Washington, I suspect we will see the same sort of bills introduced here. Why? Because those who may have felt on the fringe previously, now feel empowered to contact their house and senate member and may just get an audience. All of us need to put a face to our agency for the entire legislature – no matter the committee s/he sits on. Our hope is that when a bill is introduced involving “crime”, your rep or senator contacts you to get your opinion.
There are many areas that we can unite on – to better the lives of our clients and protect them from hate, fear, government overreach and constitutional violations. The list is unending. This is something we are uniquely positioned to do – to continue to do – and do WE must. I thank all of you for your commitment to our clients and to this office. I can’t think of better people to be with shoulder to shoulder with as we move forward in these times.
I have the following on a plaque in my office. Jim was the Chief Public Defender in Cook County IL for many years. It is days/weeks like these that I read and re-read it:
I am a public defender/defense lawyer.
I am the guardian of the presumption of innocence, due process, and fair trial.
To me is entrusted the preservation of those sacred principles.
I will promulgate them with courtesy and respect, but not with obsequiousness and not with fear.
For I am partisan; I am counsel for the defense.
Let none who oppose me forget that with every fibre of my being I will fight for my clients.
My clients are the indigent accused.
They are the lonely, the friendless.
There is no one to speak for them but me.
My voice will be raised in their defense.
I will resolve all doubt in their favor.
This will be my credo: this and the Golden Rule.
I will seek acclaim and approval only from my own conscience.
And if upon my death there are a few lonely people who have benefited, my efforts will not have been in vain.
— James Doherty, 1957
Bill
William M. Ward
State Public Defender
Minnesota Board of Public Defense
