Monday, May 24, 2010

Milking the system

When the McHenry County Public Defender's office cannot represent an indigent client because of a conflict of interest, then a special public defender (SPD) is appointed. And, after that, what happens?

In three cases I have been monitoring, not much.

Every 2-3 weeks the SPD shows up in front of two judges and requests Continuances. And every time the judges grant it. Two judges? Yes. Two of the cases are in one court; the third is in a second court. Same courthouse, same day, same time.

Does the SPD get paid for showing up? I'm sure he is not working for free. How much does he bill the County for each appearance? $100? $150? If he goes before two judges on three cases for one minute and then bills the County for $300-450, the SPD making pretty good money!

And will some or all of those fees be billed to the client, if he happens to move out of the indigent status before the cases are resolved? Very likely. Is it fair, when the SPD is just dragging these cases out with no work between court dates?

Will somebody please pinch those judges and ask them to make a serious inquiry into any valid reason for the string of continuances? Like, maybe, ask the SPD if he has even had a conversation with his client in the past three months?

When were the first court appearances for these cases? How many court dates have there been?
April 17, 2008 (34 court dates)
May 27, 2008 (33 court dates)
February 3, 2009 (22 court dates)

I suggest to the judges that they demand an appearance in court by the defendant and ask the defendant to what extent he has been kept apprised of court activity. The answer will be short: "None."

And do you know what is going to happen with each of these three cases? Each is going to get thrown out when the plaintiff fails to show up for a jury trial, just as happened in four previous similar cases!

1 comment:

Another Lawyer said...

I pray for the day that the judges say "no continuances." My previous record for not guilty because the state wasn't ready was 7 in a row ... with your idea I will be gunning for 30.

You lack of the system is understandable, for you it is a field trip to court, for me it's just a job.