Notes for a City Club Luncheon Lecture

Next Tuesday, I'll give a presentation on "indigent defense" at a meeting of the City Club of Cleveland's Charter Review Discussion Group.

Why is this discussion happening?

Specifically mandated by the County Charter

Section 12.09 CHARTER REVIEW COMMISSION

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The Initial Charter Review Commission shall include in its deliberations consideration of changes in this Charter for the purpose of providing more effective representation of indigent defendants, for adequate funding and support for the operation of the office of the County public defender, and for the appropriate method for selection of the County public defender.

Three matters of concern for the Charter Review Comission:

1)  "providing more effective representation of indigent defendants"

                   All can agree this is a worthy topic of public discussion. It's why I'm here.

2)  "for adequate funding and support for the operation of the office of the County public defender"

                  Red Flag:  Political influence/corruption/conflict of interest

                                   Public Defender Office is an independent county agency

                                   Acts against county interests in every case

                                   (City of Cleveland/State of Ohio/Cuyahoga County VERSUS our client.)

3)  "for the appropriate method for selection of the County public defender"

                  Election?    http://blog.cleveland.com/metro/2009/06/cuyahoga_county_reform_advocat.html

                  Someone other than the Cuyahoga County Public Defender Commission?

My Opinion:  Matters 2 and 3 are dead on arrival power grabs that will never see the light of day as a voter referendum and would, nevertheless, be struck down as contrary to statute and state and federal constitutions.