I Will Miss The Kids

Jamison KoehlerJuveniles

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.

Jamison KoehlerAppellate Practice, D.C. Superior Court, Juveniles, Law Practice

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 …

Everything is Calm. Everything is Civilized.

Jamison KoehlerJuveniles

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

Jamison KoehlerJuveniles

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

Jamison KoehlerJuveniles

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

Jamison KoehlerInvestigations, Juveniles

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

Jamison KoehlerJuveniles

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 …

Jefferson Memorial

He is 12 Years Old: Test Test

Jamison KoehlerJuveniles

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”

Jamison KoehlerJuveniles

One of the reasons I accept court appointments in juvenile cases – but not adult cases – is that the juveniles generally listen to you.  Even then, you can’t always take that for granted. It was thus very gratifying to read the following exchange described in a psychiatric evaluation for a juvenile client. When the evaluator asked my client about …

Jefferson and Washington monuments

A Guilty Plea at D.C. Superior Court

Jamison KoehlerD.C. Superior Court, Juveniles

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 …

U.S. Capitol building

Goodbye to Dana Tapper and the PDS Summer Interns

Jamison KoehlerJuveniles

Summer is over, and the Public Defender Service (PDS) interns assigned to the Youth Services Center are gone. Although I never met any of them in person (they were there during the day, and I visit clients evenings and over the weekend), I will miss them very much. So will my clients. The interns were young and smart and had …

In Re D.M.: When Can You Dismiss a Juvenile Case for “Social Reasons”?

Jamison KoehlerCriminal Procedure, Juveniles, Opinions/Cases

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 …

American flag

Ramifications of a Juvenile Adjudication in D.C.

Jamison KoehlerJuveniles

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 …

American flag

Probation. Drugs. School. Then Home.

Jamison KoehlerJuveniles

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 …

Aerial view of DC

Ode to My Investigator

Jamison KoehlerInvestigations, Juveniles

  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 …

Dealing with the Parents of a Juvenile Client

Jamison KoehlerJuveniles

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, …

Jefferson Memorial

Blame the System, Not The Judge, In The Tyronn Garner Matter

Jamison KoehlerJuveniles

  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 …

U.S. Capitol building

A Lesser Standard for Proving Culpability in Juvenile Cases

Jamison KoehlerJuveniles

  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 …

Jefferson and Washington monuments

In Re Gault: “Constitutional Domestication” of the Juvenile Justice System

Jamison KoehlerCriminal Procedure, Juveniles, Opinions/Cases

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 …

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On The Terminology and Fiction of Juvenile Justice

Jamison KoehlerJuveniles

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 …

U.S. Capitol building

Juvenile Court Forever

Jamison KoehlerJuveniles

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.