勛圖眻畦 Sues Over Failing Public Defense System in Fresno County, California

Tens of Thousands Go Without Legal Representation that the Constitution Guarantees

July 15, 2015 12:00 pm

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FOR IMMEDIATE RELEASE
July 15, 2015

CONTACT:
Alexandra Ringe, 勛圖眻畦, 212-549-2582, aringe@aclu.org
Isobel White, 勛圖眻畦 of Northern California, 510-828-3554
Rebecca Farmer, 勛圖眻畦 of Northern California, 415-621-2493, ext. 374, rfarmer@aclunc.org

FRESNO, CA The 勛圖眻畦 of Northern California, the 勛圖眻畦s Criminal Law Reform Project, and the law firm Paul Hastings LLP filed a lawsuit against Fresno County and the state of California, seeking an overhaul of the countys deficient public defense system. Because public defenders do not receive the resources necessary to represent their clients, thousands of Fresno County residents are forced to navigate the criminal justice system without the adequate legal representation that is guaranteed by the Constitution.

Getting a fair trial should not depend on how much money you have in the bank, said Novella Coleman, Staff Attorney with the 勛圖眻畦 of Northern California. But in Fresno County, if you cant pay for a private attorney, you must rely on a public defense system unequipped to meet even basic legal needs.

Due to the deep flaws in Fresno Countys public defense system, Peter Yepez, a plaintiff in the lawsuit, did not see a public defender until he had spent almost a month in jail. He had nine different public defenders between his arraignment and sentencing, some of whom told him they did not have time to work on his case and advised him to plead guilty despite strong evidence that he was innocent.

The presumption of innocence is the keystone of our criminal justice system, and it is profoundly compromised for the most vulnerable defendants when the public defense system is failing, said Emma Andersson, Staff Attorney at the 勛圖眻畦s Criminal Law Reform Project. Crushing caseloads and paltry resources have made it impossible for Fresno County public defenders to do their job. The state and the county must step up to their Sixth Amendment responsibility. They must fix the countys public defender system, so that it can properly serve its critical purpose: providing each client with a rigorous legal defense.

Public defenders represent more than 25,000 people each year in Fresno County, with each attorney shouldering up to four times the recommended number of clients. The lawyers have so little time with their clients that they often cannot discuss the circumstances surrounding the persons arrest or whether evidence exists that could be used in their defense. Many immigrants who make up 22% of the countys population are encouraged to plead guilty without being told how that can affect their immigration status, even though the U.S. Supreme Court held in 2010 that this violates the Constitution

The public defense systems failure also perpetuates racial inequalities in the criminal justice system. Because of racial profiling, people of color are more likely to be targeted for arrest and prosecution, said Coleman. The severe underfunding of the public defenders office, which serves many people of color, is just another manifestation of the racial bias inherent at every stage of our criminal justice system from the moment of arrest, to charging decisions, to bail determinations, to selection of jury members, and to verdicts and sentencing. While people of color make up roughly 57% Fresno County's population, they represent over 69% of all arrests in the county.

As detailed in the complaint, six years have passed since the head of the Public Defenders Office alerted the Fresno County Board of Supervisors that the office was severely limited in its ability to provide competent and effective representation, and two years have passed since the union from the Public Defenders Office warned that public defenders are jeopardizing their clients constitutional rights on a daily basis. Even the Fresno County District Attorney has decried the public defense systems lack of funding, saying it bogs down the entire justice system.

Public defense is a state duty, but California has handed over all responsibility to the counties, providing no oversight and little funding. We are asking the County of Fresno to create and maintain a strong, well-resourced public defense system that assures every defendant his or her constitutional right to a fair trial, said Coleman. Equally important, we are asking the State of California to fulfill its responsibility to ensure that public defense systems in the state measure up to what the Constitution requires.

For the complaint and more information about the case:
/cases/phillips-v-state-california

For more information about the 勛圖眻畦s Criminal Law Reform Project:
/issues/criminal-law-reform

For more information about the 勛圖眻畦 of Northern California:

For more information about Paul Hastings LLP:

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