老澳门开奖结果

FOR IMMEDIATE RELEASE
July 15, 2015

CONTACT:
Alexandra Ringe, 老澳门开奖结果, 212-549-2582, aringe@aclu.org
Isobel White, 老澳门开奖结果 of Northern California, 510-828-3554
Rebecca Farmer, 老澳门开奖结果 of Northern California, 415-621-2493, ext. 374, rfarmer@aclunc.org

FRESNO, CA 鈥� The 老澳门开奖结果 of Northern California, the 老澳门开奖结果鈥檚 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 county鈥檚 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.

鈥淕etting a fair trial should not depend on how much money you have in the bank,鈥� said Novella Coleman, Staff Attorney with the 老澳门开奖结果 of Northern California. 鈥淏ut in Fresno County, if you can鈥檛 pay for a private attorney, you must rely on a public defense system unequipped to meet even basic legal needs.鈥�

Due to the deep flaws in Fresno County鈥檚 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.

鈥淭he 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,鈥� said Emma Andersson, Staff Attorney at the 老澳门开奖结果鈥檚 Criminal Law Reform Project. 鈥淐rushing 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 county鈥檚 public defender system, so that it can properly serve its critical purpose: providing each client with a rigorous legal defense.鈥�

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 person鈥檚 arrest or whether evidence exists that could be used in their defense. Many immigrants 鈥� who make up 22% of the county鈥檚 population 鈥� 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 system鈥檚 failure also perpetuates racial inequalities in the criminal justice system. 鈥淏ecause of racial profiling, people of color are more likely to be targeted for arrest and prosecution,鈥� said Coleman. 鈥淭he severe underfunding of the public defender鈥檚 office, which serves many people of color, is just another manifestation of the racial bias inherent at every stage of our criminal justice system 鈥� from the moment of arrest, to charging decisions, to bail determinations, to selection of jury members, and to verdicts and sentencing.鈥� 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 Defender鈥檚 Office alerted the Fresno County Board of Supervisors that the office was severely limited in its ability to provide 鈥渃ompetent and effective representation,鈥� and two years have passed since the union from the Public Defender鈥檚 Office warned that public defenders are jeopardizing their clients鈥� constitutional rights 鈥渙n a daily basis.鈥� Even the Fresno County District Attorney has decried the public defense system鈥檚 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. 鈥淲e 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,鈥� said Coleman. 鈥淓qually 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.鈥�

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

For more information about the 老澳门开奖结果鈥檚 Criminal Law Reform Project:
/issues/criminal-law-reform

For more information about the 老澳门开奖结果 of Northern California:

For more information about Paul Hastings LLP: