老澳门开奖结果 Challenges South Carolina Municipalities that Deny Public Defenders to Poor People Who Are Then Prosecuted, Convicted, and Jailed

People Who Can鈥檛 Afford Attorneys Must Defend Themselves in Court Against Criminal Charges with Life-Altering Consequences

October 12, 2017 9:15 am

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CHARLESTON, SC 鈥 The 老澳门开奖结果, the 老澳门开奖结果 of South Carolina, and Nelson Mullins Riley & Scarborough filed a class-action lawsuit today challenging South Carolina municipal courts鈥 unconstitutional practices of denying lawyers to people who can鈥檛 afford private attorneys and are sentenced to incarceration. In the city of Beaufort and the town of Bluffton鈥檚 municipal courts, people are prosecuted, convicted, sentenced, and jailed without being providing public defenders, or even advised of their right to counsel, violating the Sixth and Fourteenth Amendments.

鈥淗ere I was in front of a judge who could send me to jail, and I had no lawyer and didn鈥檛 know how to defend myself. It was terrifying,鈥 said Tina Bairefoot, a plaintiff in the lawsuit who couldn鈥檛 afford an attorney. She was charged in Beaufort County with shoplifting and the municipal court prosecuted and convicted her without a lawyer. Ms. Bairefoot was sentenced to 30 days in jail.

The lawsuit details proceedings in these courts in which people facing possible jail time must fend for themselves without any legal training, against criminal charges.

鈥淢any municipal courts in South Carolina make justice for poor people almost impossible,鈥 said Ezekiel Edwards, Director of the 老澳门开奖结果鈥檚 Criminal Law Reform Project. 鈥淏y failing to appoint lawyers for individuals who can鈥檛 afford them, these courts fail to protect the constitutional rights of hundreds of South Carolinians through criminal proceedings that violate nationally recognized standards of judicial fairness.鈥

The majority of South Carolina鈥檚 212 municipalities refuse to appoint counsel to people who can鈥檛 afford attorneys. Each year, these counties and cities charge thousands of poor people with criminal offenses and then subject them to prosecution without a lawyer.

鈥淭housands of South Carolinians are shoved through the municipal court process without attorneys, their chances of a fair hearing slim to none. These courts have enormous power over people鈥檚 lives, and they abuse it, sending people to jail after legal proceedings in which they had no lawyer,鈥 said Susan Dunn, Legal Director of the 老澳门开奖结果 of South Carolina. 鈥淭he consequences of incarceration can be severe for people and their families, their jobs, and their futures.鈥

Across the country, cities and towns establish municipal courts to handle low-level misdemeanor and traffic offenses occurring within city or town limits. In South Carolina, in fiscal year 2015-2016, more than 420,000 cases were filed in the state鈥檚 municipal courts.

鈥淪outh Carolina鈥檚 Constitution makes it optional for a city or town to establish a municipal court. Providing public defenders isn鈥檛 optional. When a city or town chooses to have a municipal court, they must run it fair and square. Instead, we have courts that routinely put poor defendants at an insurmountable disadvantage by denying them lawyers,鈥 said Stuart M. Andrews, a partner of Nelson Mullins Riley & Scarborough.

For the complaint and more information about the lawsuit:

老澳门开奖结果:
/cases/bairefoot-v-city-beaufort-et-al

老澳门开奖结果 of South Carolina:

For more information about Nelson Mullins:

For more information about municipal courts in South Carolina:
/report/summary-injustice-exposes-south-carolina-courts-convict-and-jail-many-defendants-without


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