News Scrapbook 1986

San o\ego, CA (San otego co.) Evening Tribune (Cir. o. 127,454)

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~'( 'l S1986

Graduates greet

San Diego, CA (San Diego Co.) Dally Transcript (Cir. D. 7,415)

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INe~ender I". -5 ProgramBacked , .. County StaffTo Prepare Draft Budget, Details By PAULINE REPARD anDkfoDJlilyTranscripcStalfWnter The concept of an independent community defender program pro- viding legal service to the county's poor was approved by the Board of Supervisors yesterday. Three members of the board, after h!!temng to about an our's te::,limony from lawyers, a Judge and la" school dean, indicated they were inclined to favor the non- profit, private system patterned after Defender Programs of San Diego, Inc. Their 3-1 vote goes against the chief administrative officer's sup- port for a full public defendPr of- fice, staffed with county employePs like the d1stnct attornPy's office. C rt Ju~e d ward Schwartz told supervisors Federal Defenders has worked well for years, and he supported the community defense program. He said similar programs are at work successfully in Atlanta, Chicago, New York, Detroit and Philadel - phia. An advantage, Schwartz added, is that the private system, run by an independent board of trustees, "would not suffer from bureau- cratic moribundity" and would protect the Board of Supervisors from "becoming embroiled in a good many things that come up in the administration ofjustice." Judy Clarke, speaking for the Criminal Defense Lawyers Club and Criminal Defense Bar Associ- ation, called the current system "a disgrace" and worried that "if you put lawyers in government (as county employees) you'll tend to see institutional rot occur." Supervisor Susan Golding of- fered a wordy motion to the effect that staff should return in about 30 days with a draft contract spelling out budget and quality controls, how a board of trustees would be selected to run the program, how many attorneys would be needed and guidelines for their caseload. Staff was given until the July 8 board meeting to come up wit& the draft. Golding noted that if the pro- posal doesn't look good then, the board can vote against it and back the public defender office option. Supervisors Brian B1lbray and !Continued on Paf 6AJ

San Diego, CA (San Diego Co.) Evening Tribune (Cir. D. 127,454)

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l. <1 t 8RH .L Count1 Defe ders Program- /Continued from Page Cf 1

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Cost estimates for all three sys- tems have varied among the groups that studied them. Janssen told supervisors the current ODS budget is $12.6 mil- lion, but projected a 1986-87 budget of $11.2 million. ODS has put out a figure of more than $12 million for next year. A county staff report projected a public defender office would cost 10 million to $11 million. The Blue Ribbon Commission on Indigent Def~nse Services, created by the board last December, estimated costs closer to $14 mil- lion for either ODS or a community defender office. Memhers of that citizen's com- mission who testified yesterday :mggested caseload a nd staffing levels will account for much of the budget differences. Alex Landon, executive director of Defenders, Inc., pointed out that his office handles 40 percent of the less serious felony cases downtown with 16 lawyers, but that county staff is figuring on 18 public de- fender lawyers to handle double the volume of cases. University of San Diego Law School Dean Sheldon krantz noted that county supervisors would re- main in control of all costs of the community defender program. Attorney Oscar Irwin and Michael Brooks, both of the San Diego Taxpayers Association, told supervisors they were concerned about defense costs, and have con- cluded the community system was best. Irwin said he was "offended" by the county staff suggestion that a public defender office might be cheaper because its attorneys would plea bargain more cases, and try fewer ones. /

George Bailey went along wltb her. Saying he needed more informa- tion before even tentatively back- ing the community defender con- cept, Supervisor Leon Williams voted against the motion. Chair- man Paul Eckert was absent. At the suggest10n of the Earl B. Gilham Bar Association, whose representative Patricia Robinson called for more involvement of black attorneys in the defense of the poor, Golding asked that affir- mative action provisions be in- cluded in the draft proposal. Robinson was the only one of 11 speakers to favor the development of a public defender office, saying it would bring greater uniformity of representation to minorities. David Janssen, assistant chief administrative officer, told super- visors that of all the independent and county groups that have stud- ied ways to improve the mdigent defense system, all agreed the cur- rent methods must be scrapped. Such services are now provided by the county's Office of Defender Services. Through a modified public defender program, ODS handles about 70 percent of all serious felony cases for indigents. The other 30 percent are handed out to private attorneys to avoid a conflict of interest where several defendants in the same case would be represented by the same law group. Less serious felonies, misde- meanors, traffic and juvenile cases are contracted out to law firms that submit low bids for the work. Some work for a flat fee per case, others have held "block grants" to handle a maximum number of cases each year for a total price. Of the roughly 20 law firms with indigent service contracts, about five have been awarded block grants. The arrangement prompted Defenders Program of San Diego, Inc., to file a suit against the coun- ty three years ago, claiming the system was unconstitutional in creating conflicts of interest be- tween contract lawyers in El Cajon and their clients. Defenders Program heads three non-profit corporations which pro- vide legal service to t he poor: Fed- eral Defenders, Appellate Defend- ers and Defenders, Inc. (for state c;ases). It was alleged that the lawyers had no incentive to vigorously de- fend clients and take cases to trial, while they had every incentive to plea bargain cases early and avoid the costs of trial. They were not paid extra for counseling clients, investigation or trial work. Lawyers representing Defenders Program yesterday announced the suit has been settled with the Board of Supervisors' approval. The board agreed that, when all contracts are up for renewal in Ju- ly, t here will be provisions to pay lawyers separately for trial time, counsel ing of misdemeanor suspects and investigative costs. Even if the board votes in July to get rid of the contract system, county staff estimates a year-long transition to either a community or public defender program.

fl/l,n's P, C 8 I r 188 rPenn jury resumes e ·berations afre ·h < ii

ther discussions·• on whether Pe, was guilty of assault with a deadlv weapon for runnmg over Poli e Agent Donovan Jacobs in a confron- tation March 31, 1985, in Encanto. Jury foreman Douglas Bernd told Hamrick May 16 that the jury had reached a verdict on the one charge. In reaching the decision, the jury found Penn innocent of the attempt- ed-murder charge originally lodged against him on that count. During fu- ture deliberations the jury will not be allowed to reconsider the more serious charge. In announcing that verdict May 20, while Hardy was in the hospital giv- ing birth to her second child, Ham- rick polled the 11 remaining jury members, who said they agreed with the verdict.

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1'nbunt• St.ff Writ,·rs The jury mthe Sagon Penn murd r trial thi morning resumed delibera- t10ns on the six charges agamst him after the judge in the case withdrew a partial verdict finding Penn guJlty of a ault with a deadly weapon. Superior Court Judge Ben W. Hamri '.k yesterday instructed Jurors to re ume dehberatJOn) on all the charge· against Penn after one juror expre ed reservations about the partial verdict reached m the trial last week Although Hamrick accepted and announced the verdict May 20, it couldn't become official until all the jurors had been polled to determine that they agreed with the verdict. Hamrick said that juror who ex- pre ·ed re ervations about the ver- dict, Vernell Hardy, said last week that ". he was under the impression that some jurors wanted to have fur-

The next day, Hardy was inter- viewed in the hospital by Hamrick, Deputy District Attorney Michael Please see PEN. B-3 •Penn,-l---------- Con?n~.,}m could be reached 'or comment on the Judges artion. Hardy IS one of two blac on the

Jury, and Silverman told Hamrick early this month that he wanted her to contmue as a juror even though deliberations might be mterrupted because of er pregnancy Umyers1ty of San Diego I.aw pro- fe or Robert Simmons yesterday es- timated that polling jurors r ults m a ote different from the original verdict m about one of every 30 cnm nal and civil es tried. But, he added it is •·most unusual" for a art1al verdict to be announced be or 11 Juro in a case have been poll d He aid the Penn case was the first time m h '30-year legal career that a partial verdict was announ~ed be- fore a juror was polled outside the courthou e