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“He does not see the bend, behind, that will take him from view”
This is not a Disney movie. That impassive face with the dull eyes never once brightened to see me. He never confided in me, even when his defense depended on it.
I Will Miss The Kids
As I transition out of doing court-appointed juvenile cases, I realize how much I will miss the kids. * * * * * “Darrell” was my typical client. Like all of my clients, he was my favorite. When this is over, Darrell told me one time, you are going to take me out for dinner. You can bring your wife. …
Joining the Adult CJA Panel in D.C.
I have just been appointed to the D.C. Superior Court panel for adult court-appointed cases. I was one of three lawyers appointed on a “provisional” basis. (Three other lawyers were promoted from the provisional panel to the full panel.) Those of us on the provisional panel need to serve a two-year probationary period before we can start doing felonies. To …
D.C. Panel of Court-Appointed Lawyers for Juveniles
The 2015 list of lawyers eligible to accept court appointments in juvenile cases is now out. Chief Judge Lee F. Satterfield issued the order approving the list on October 23. The list will be good for the next 4 years. At that time, the panel will again be re-constituted. The Family Court Panels Oversight Committee received 220 applications for one …
Everything is Calm. Everything is Civilized.
The two young men have been in the same place at the same time before. I have seen it on the video recording. The first meeting – captured by a surveillance camera at the back of a D.C. metro bus — – involved a violent altercation in which they exchanged blows. The kid getting the worst of it – my …
Thank You For Your Vote Of Confidence
Dear Juvenile Client: You must think I am one really, really good lawyer. Why else would you violate every condition of your pre-trial probation — knowing that this would result in your being locked up until forever — unless you were absolutely convinced that I was going to beat the case? You are the boss. Consider me as yourself but …
The Government Wins Every Time
Years ago I went to the Playland amusement park in Rye, New York with some friends. We were walking by the “Guess Your Age or Weight” booth when I noticed that the proprietor had stepped out, temporarily turning the business over to his daughter. This will be easy, I thought. There is no way this little girl – who looked …
My Client Is Going Home Today
My client – a juvenile — is going home today. I am working with one of my favorite prosecutors on the case. Although hard-line, she is straightforward and ethical. There is no hiding-the-ball with her. She has a light touch. She also has a good sense of humor. The prosecutor waits until I have checked in with the clerk. Then …
Why Juvenile Cases Should Be Tried
When I was a public defender, a major challenge was the client with a lousy case and a good offer on the table who nevertheless insisted on taking his case to trial. He didn’t trust his lawyer to provide good legal advice. And he often had some zany idea about what he thought was going to win the case. (In …
He is 12 Years Old: Test Test
As soon as I have the signed order in hand, I head to the “at-risk” cell block to make sure my client is released. My client’s mother, waiting in the hallway, is mad at me. She thinks her son is out-of-control and needs to be locked up, and we have been working at cross-purposes throughout this case. He comes and …
“My Lawyer Told Me Not To Talk To Anyone About This Case”
One of the reasons I accept court appointments in juvenile cases — as opposed to adult cases — is that juveniles generally listen to you. But even then you cannot take that for granted.
A Guilty Plea at D.C. Superior Court
Guest Post by Emma Brush A visit to Arlington was the occasion for this undeserved opportunity of mine to post. Originally, my Uncle Jamie had a jury trial scheduled. Knowing that I was considering law school, he thought it would be fun for me to see. Unfortunately, the court date was postponed. Fortunately, he had a juvenile case that was …
Goodbye to Dana Tapper and the PDS Summer Interns
The Juvenile Services Program at the Public Defender Service (PDS) helps kids adjust to life at one of the District’s secure detention facilities.
In Re D.M.: When Can You Dismiss a Juvenile Case for “Social Reasons”?
The problem with using a canon of statutory interpretation to justify a legal opinion is that you can usually find some other canon to arrive at the exact opposite conclusion. For example, to support its recent holding in In Re D.M., 47 A.3d 539 (D.C. 2012), the D.C. Court of Appeals used the rule that, whenever possible, different provisions within a …
Ramifications of a Juvenile Adjudication in D.C.
One of the questions parents of a juvenile client often ask me is the effect of a juvenile adjudication on their child’s future. The question often comes up in the context of plea negotiations. If, for example, the government has offered to reduce the charge from robbery to simple assault or theft, the parents want to know if and how …
Probation. Drugs. School. Then Home.
I have a little speech I like to give to my juvenile clients. I tell them that, while I will be looking out for their legal interests as their lawyer, what happens to them pending trial or if found guilty of the offense will depend far more on what they do for themselves. I then hold up four fingers and …
That Was The Right Decision, Judge. No Matter What I Said.
One of the first things they told us during the training for court-appointed juvenile cases was that we should never allow ourselves to become co-opted by the system. My first reaction upon hearing this was: What the heck are they talking about? My only previous experience with juvenile cases had been in Philadelphia, and it was not a good …
Ode to My Investigator
I botched the investigation. I went to the store on Upper Wisconsin Avenue in which my client was alleged to have committed a robbery. While there, I neglected to look for a critical piece of evidence: whether or not there was a surveillance camera over the cash register. As a result, my investigator Wayne Marshall had to go back …
On Recusals: Offending the Judge, Protecting the Client
A couple of years ago, a Court of Common Pleas judge in Philadelphia banned me from her courtroom for life. Both the stenographer and her law clerk looked at me with sympathy when the judge issued the edict. Maybe they thought I would be upset. In fact, running a list in this judge’s courtroom was viewed to be a …
Dealing with the Parents of a Juvenile Client
My client’s mother is annoyed with me. She disagrees with her 16-year-old son’s decision to take his case to trial, and she is convinced I am the one who talked him into it. She’s partially right; in this particular case, I did recommend trial. But it does not matter if the child is 16 years old or 11 years old, …
Blame the System, Not The Judge, In The Tyronn Garner Matter
What happens if I release him and he goes out and kills someone? What happens if I release him and he goes out and gets himself killed? You know these questions are going through the judge’s mind every time a defense attorney argues for a client’s release. It is the great unspoken in the court room. It is why …
A Lesser Standard for Proving Culpability in Juvenile Cases
During my first couple of weeks with the Juvenile Division at the Philadelphia Public Defender’s Office, I took what I believed to be a very strong case to trial. My client had been charged with aggravated assault against another young woman. I had a couple of witnesses who testified that my client had actually intervened in order to break …
In Re Gault: “Constitutional Domestication” of the Juvenile Justice System
There are only a small number of criminal cases that all lawyers, even those who don’t practice criminal law, seem to know. Although Miranda v. Arizona is probably the most famous, there is also Gideon v. Wainwright (right to counsel), Wong Sun v. United States (suppression of illegally obtained evidence), Crawford v. Washington (right to confrontation), and In Re Winship …
On The Terminology and Fiction of Juvenile Justice
As a public defender in Philadelphia, I did a brief stint in the Juvenile Division representing young people accused of committing a crime. People told me before I started the rotation that I would either love working with juveniles or hate it; there didn’t seem to be any in-between. I found myself in the “love-it” category. Although I would have …
Juvenile Court Forever
You watch him go. You realize that, from his perspective, the future is nothing more than a quick visit with the judge, a bologna sandwich and coke for lunch, and then a trip back to the detention center to gather his things. So yes, you think again, this time with more certainty, it will be for forever.