Monday, March 18, is Public Defense Day, which recognizes and honors the vital role of public defenders in the legal system. Thanks to the Constitution’s Sixth Amendment, all people in the United States have the right to competent legal representation regardless of financial means.
Nevada County Public Defender Keri Klein leads a team that ensures all citizens have the right to a fair and speedy trial.
Last year, the 11 lawyers in the office handled 1,837 criminal cases. In addition, they represented people in civil and mental health proceedings.
However, not everyone who needs the Public Defender’s services can be represented by the Public Defender’s Office. The Public Defender’s Office legally may not represent people in cases where there is a conflict of interest.
While there are many factual scenarios that can lead to a conflict, here are some of the more common:
- Assume two people are charged with committing a shooting. Both people claim that the other person did the shooting, that they did not know it was going to happen, did not plan it and were shocked when it occurred. The Public Defender’s Office cannot represent both people as there is a legal conflict.
- Someone is accused of burglarizing a home. One of the people living in that home is a current client of the Public Defender’s Office. The Public Defender’s Office has a conflict as it cannot represent one client who has allegedly victimized another client. To do so would require the office to violate its ethical and statutorily imposed duties to both clients.
- Two people are arrested together in a car. One is arrested for drug dealing. The other is arrested for drug possession. The Public Defender’s Office has a legal and ethical conflict if it represents both people. Both are witnesses to the charged offenses. They both could be called to testify against each other. As such the Public Defender’s Office is not able to represent both.
“When someone is charged with committing a criminal offense, they are constitutionally entitled to conflict-free counsel,” Klein said. “For those cases that the Public Defender’s Office has a legal and/or ethical conflict, the county is required to provide an alternative.”
Less than 200 cases, or about 10% of office’s caseload each year, are conflicts-of-interest cases. In recent years it has become challenging for the Nevada County Superior Court to find attorneys who can represent these defendants.
Historically, the court chose from a panel of attorneys who were paid hourly by the county. But that panel has become smaller and smaller, forcing the court to go outside the county to find attorneys. This situation has not worked well.
“When you live in Nevada County below the poverty line, without good transportation, consistent phone service and lack of housing, having your attorney located in Roseville or even Sacramento creates insurmountable obstacles to keeping in touch with them and keeping your case moving forward,” Klein said.
After much discussion and review, the county has found a solution. On Tuesday, the Board of Supervisors approved a three-year contract with Cohen Defense Group to handle indigent legal defense services for those cases that the Public Defender’s Office cannot represent because of a conflict of interest.
This way, all will have access to a fair and speedy trial, regardless of conflict, as promised in the March 18, 1963 Supreme Court ruling in Gideon v. Wainwright. In that decision, the court unanimously ruled that the right of a poor person in a criminal trial to have the assistance of counsel is fundamental and essential to a fair trial and that a trial held without the assistance of counsel violated the Constitution.
“The Nevada County Public Defender’s Office looks forward to working with Cohen Defense Group and is hopeful that their addition to our legal community is a positive step towards fulfilling Gideon’s promise as set forth by the United States Supreme Court,” Klein said.
