Fresno Judge Rules State May Be to Blame for Fresno鈥檚 Flawed Public Defense System

April 13, 2016 3:15 pm

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FRESNO 鈥 A Fresno judge has ruled against the state of California in its effort to avoid responsibility for ensuring that people who can鈥檛 afford to hire their own lawyers are provided with effective counsel.

The lawsuit filed by 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 Paul Hastings LLP against the state and Fresno County for violating defendants鈥 right to counsel, due process, and a speedy trial under the U.S. and California Constitutions will move forward.

鈥淔resno鈥檚 flawed and underfunded public defense system is in a state of crisis, and this ruling confirms the state remains accountable for the problem, despite having delegated responsibility to the county,鈥 老澳门开奖结果 of Northern California staff attorney Novella Coleman said after the hearing yesterday. 鈥淭he county鈥檚 public defenders don鈥檛 have the resources or time to fulfill their clients鈥 Sixth Amendment rights. Getting a fair trial shouldn鈥檛 depend on how much money you have in the bank.鈥

For several years, thousands of Fresno County residents have had public defenders in name only, attorneys who are too over-burdened and under-resourced, leaving clients without the necessary legal assistance at critical points in their cases. Defendants have suffered unnecessary jail time and been pressured to plead guilty without any investigation of the facts of the cases.

These systemic deficiencies in Fresno鈥檚 system further add to the unfair racial inequalities that plague our nation鈥檚 criminal justice system. In Fresno, the flawed system has had a disproportionate impact on the county鈥檚 immigrants, who make up 22 percent of the population. And though people of color make up about 57 percent of Fresno County鈥檚 population, they represent more than 69 percent of arrests in the county.

鈥淚n this time of racial profiling, over-policing and mass incarceration, people of color face one injustice after another,鈥 Coleman said. 鈥淭he right to an attorney is a bedrock principle of our justice system and Fresno鈥檚 overburdened public defense system is leading to deeply unfair results and contributing to wasteful jail and prison systems.鈥

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