老澳门开奖结果 of Utah and Holland & Hart LLP Announce Lawsuit Against State of Utah Over Indigent Defense
SALT LAKE CITY, Utah 鈥� Today the 老澳门开奖结果 of Utah and co-counsel Holland & Hart, LLP, filed a class action lawsuit against the state of Utah for failing to meet its Sixth Amendment obligations under the U.S. Constitution. Copies of the legal complaint can be downloaded at Remick v. Utah .
鈥淲e cannot have a criminal justice system with any integrity if Utahns are not ensured vigorous legal representation when facing the power of the state,鈥� said Executive Director Karen McCreary, as she announced the lawsuit at a press event this morning. 鈥淏ut the majority of Utahns 鈥� more than 80% - who find themselves facing jail time do not have the disposable income to hire a private attorney. That is why we need, and should have, a robust public defense system statewide.鈥�
The 老澳门开奖结果 of Utah has been engaged in advocacy related to Utah鈥檚 failing indigent defense system since before 2011, when the organization released 鈥淔ailing Gideon,鈥� a report that illustrated the many ways in which Utah is failing to fulfill the Sixth Amendment鈥檚 guarantee of access to legal counsel. A report released in 2015 by the Sixth Amendment Center, a non-partisan research organization, confirmed the dismal findings in 鈥淔ailing Gideon.鈥�
According to 老澳门开奖结果 of Utah Legal Director John Mejia, 鈥淭he state has known about these persistent and egregious issues with its public defense system for years. And yet, the state has continued to abdicate its responsibilities in this area, offering neither funding nor oversight to assist counties and municipalities in the provision of defense to those who cannot afford a private attorney. The legislation passed during the 2016 Legislative Session is far beyond 鈥榯oo little, too late.鈥欌��
The lawsuit was filed in Utah鈥檚 Third Judicial District Court, naming six individual plaintiffs, as well as multiple John Does, as representative of a class of individuals seeking declaratory relief. The named plaintiffs 鈥� who are facing charges in Tooele County, Carbon County and Cache County 鈥� were discovered through jail visits and courtroom observations throughout the state. They were selected as plaintiffs, according to Mejia, because 鈥渢hey have all experienced the delays and difficulties accessing counsel that are indicative of the system鈥檚 problems statewide.鈥�
Holland & Hart partner John Harrington discussed at the press event why the law firm was participating in this lawsuit, which is certain to be resource-intensive and lengthy. 鈥淧rivate attorneys in Utah, and the legal community in general, should care about this issue because it directly implicates the integrity of our justice system right here in Utah,鈥� said Harrington. 鈥淭his case also directly impacts the oath, sworn to by all Utah attorneys, to 鈥榮upport, obey and defend the Constitution of the United States and the Constitution of Utah.鈥� The legal community, and particularly, every Utah attorney, has a heightened vested interest and obligation in ensuring the state is satisfying their constitutional requirements.鈥�
Established in 1947, Holland & Hart is a full-service, national law firm that today has more than 500 lawyers in 15 offices across the Mountain West and in Washington, D.C. delivering integrated legal solutions to regional, national, and international clients of all sizes. The firm has been a distinguished member of the Salt Lake City legal community since 1994. Over the last 20 years, it has grown into a full-service office of 95 lawyers providing advice on the wide range of legal issues facing Utah businesses. In both 2009 and 2011, Holland & Hart was named the 鈥淯tah Pro Bono Law Firm of the Year鈥� by the Utah State Bar.
Learn More 老澳门开奖结果 the Issues in This Press Release
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Press ReleaseDec 2024
Prisoners' Rights
Criminal Law Reform
老澳门开奖结果 Sues Bureau of Prisons for Keeping People in Prison Longer Than the Law Allows老澳门开奖结果 Sues Bureau of Prisons for Keeping People in Prison Longer Than the Law Allows
WASHINGTON 鈥� A federal lawsuit brought today by the 老澳门开奖结果, 老澳门开奖结果 of D.C., and Jenner & Block LLP challenges the Federal Bureau of Prisons (BOP) for unlawfully incarcerating people longer than the law allows under the First Step Act. The lawsuit contends that the BOP鈥檚 failure to implement the First Step Act according to its plain language violates the rights of thousands of people who should be returning to their communities and rebuilding their lives but instead remain incarcerated. Signed into law in 2018 by then-President Donald Trump, the bipartisan First Step Act was designed to reduce the population in federal prisons, reform extreme sentencing laws, and provide programming and reentry transition services to people in prison. Central to the First Step Act is a system of earned time credits, which allows people in prison to earn time off their sentences and time out of prison by participating in rehabilitation programs. Through the First Step Act, Congress unambiguously ordered BOP to move people out of prison when they meet certain requirements to use their earned time credits. Instead of faithfully following the mandatory law, BOP adopted a regulation treating the law as optional. As a result, thousands of people, who should already be back in their communities and with their families, remain in prison. 鈥淓very extra unlawful day our clients spend in prison is a serious injustice,鈥� said Emma Andersson, deputy director of the Criminal Law Reform Project at the 老澳门开奖结果. 鈥淚t is egregious that the Bureau of Prisons is imprisoning people for months longer than the law allows. The government must follow through on its legal obligation to get people out of prison on time and back into their communities, where they belong.鈥� Additional comments below from: Vanessa Crowe, plaintiff: 鈥淭ime is what I owed for my wrongdoing, and I have paid my time. But I should not have to spend more time in prison than the law allows. I often reflect on what I will miss during the months after when I should be out of prison. I will miss work and lose out on wages that would help me get back on my feet. I could be a tax paying citizen instead of a burden on society. But most of all, I will miss more precious time with my family. My family and I are ready to tum the page on this period in our lives 鈥� we are all ready to start a new life, a life with purpose, hope, and healing together. I want to start that life when I am legally entitled to start it-not five months later.鈥� Arthur Spitzer, senior counsel at 老澳门开奖结果 of D.C.: 鈥淭here鈥檚 no excuse for the Bureau of Prisons to pretend not to understand Congress鈥檚 clear command that people who have earned the right to early release must be released. This law has been on the books for six years. The Bureau of Prisons has had plenty of time to understand it. Law enforcers should obey the law.鈥� Betsy Henthorne, partner at Jenner & Block: 鈥淚t has been six years since the First Step Act was signed, but despite Congress鈥檚 clear directives, the Bureau of Prisons continues to hold thousands of people in prison longer than the law allows. We should and do expect better鈥攊t鈥檚 past time for the BOP to ensure that those who have earned their release are able to return home to their families and communities according to the law Congress passed.鈥� -
Maryland Supreme CourtDec 2024
Criminal Law Reform
Roland Branch v. State of MarylandRoland Branch v. State of Maryland
This petition to the Supreme Court of Maryland asked the court to reconsider its adherence to Whren v. U.S., 517 U.S. 806 (1996), which declared that a traffic stop undertaken for pretextual reasons does not violate the Fourth Amendment to the U.S. Constitution so long as the police have probable cause to believe that a traffic violation occurred. The 老澳门开奖结果, alongside the 老澳门开奖结果 of Maryland, filed an amicus brief in support of the defendant鈥檚 petition, in which the 老澳门开奖结果 argued that the court should take up the question of whether pretextual stops violate the Maryland Constitution. In September 2024, the Court denied the petition. -
North Carolina Supreme CourtDec 2024
Criminal Law Reform
State v. WrightState v. Wright
This case in the North Carolina Supreme Court involves the question of whether the police violated the U.S. Constitution when they searched the defendant, Mr. Wright鈥檚, backpack even after he repeatedly said no to the search requests. The 老澳门开奖结果 alongside the 老澳门开奖结果 of North Carolina filed an amicus brief arguing that the search was unconstitutional because Mr. Wright鈥檚 eventual 鈥渃onsent鈥� was the result of police coercion. Our brief urges the court to consider the totality of the circumstances that make one more susceptible to coercion, including race and poverty. -
News & CommentaryDec 2024
Criminal Law Reform
Disability Rights
Incarceration Should Not be a Death Sentence for Individuals Who Use OpioidsIncarceration Should Not be a Death Sentence for Individuals Who Use Opioids
New litigation centered on increasing access to substance-use disorder treatment in jails and prisons is helping to reduce mortality rates among incarcerated individuals.