* THE ADVOCATE PSYCHIATRIC DISORDERS CAN BE TREATED Volume 12, Number 3 April, 1990 THE ADVOCATE FEATURES Bourbon County Public Defender, Lee Greenup Lee Oreenup,our public defendercontract On its face, it is a difference of $109,621! administrator in Paris, his hometown, likes the quote of Oliver Wendell Holmes that"a man’s mind stretched by anew idea Leeplans to continue as a contract public can never go back to its original dimen defender for a yearor two and then focus sions." Lee has experienced that. Al on his general practice in Paris. He at though there are several lawyersin Lee’s tributes his many successes to his parents, who were "excellent role models." C.L. family,he didn’t getinterestedin law until Watts, Probation and Parole Officer of the his sophmore year at Transylvania when 14th Judicial Dist. of Ky. said, "I’ve hetook a pre-law course. Aftergraduating worked withLee fora long time and I’ve from theU.K. School ofLaw in 1983,Lee always found him honest, fair, above began practicing law in Paris. board and looking for the best results for all concerned. He is willing to do ajob that Lee never considered doing criminal requires a lot of timeand nevercomplains defense work, until the Bourbon Co. about low pay and long hours. I suppose public defender resigned in 1985. Lee he’s able to do that because he’s not a filled the breach and had some of his married man with a family. He’s a real "most satisfying moments as a lawyer." asset to your Department." We think so That led him to seek the contract for the too. Thanks Lee. county. Lee Greernip ed-off’ the burn-out factor due to the CR15 BROWN Lee finds the work stimulating and par heavy caseloads and demands of the job. Paralegal ticularly likes the increase in litigation. He MLSfFraining Sections estimated that 75% of his practice is Lee calls upon 4 area attorneys to handle Frankfort, KY public defenderwork. From July 1, 1988 conflict cases. Heis placed in theuncom - Januaiy 30, 1989, his felony caseload misdemeanor caseload fortable position of asking them to work was 75 cases; his for what he feels is an unfairhourly rate was 104 cases. He is often motivated by HARRY BUDDEN the thought that he’s "the only person $25/$35. Even then Lee has only a 40% standing between the often defenseless collection rate on fees billed, as funds are defendants and the assembled forces of prorated. The "going" rate in Bourbon Co. Harry Budden. Attorney at Law, was ac the Commonwealth." Lee believes that is $70 hourly. tively a public defenderfrom 1973-1976, every case provides a different oppor and did contract work 1982-1985 under Nora McCormick’s administration. He tunity and every client possesses some The criminal justice system is best served "gotout ofpublic defenderworkwhen they redeemingvirtue. That attitudehas "ward- by providing equalfunding forbothpublic changed thelaw allowing the attorney to defenders and prosecutors as "the ration represent a client privately retained by the ale of the adversary system presupposes fanily after havingrepresented himinitial NORA MCCORMICK some type of state approaching equity be ly at the preliminary hearing as a public tween the parties." As in other counties defender.’ "The caseload was such that I was not around the state, this simply isn’thappen being compensated on an adequate basis. I ing in Bourbon Co. The FY ‘89 DPA "Given thatlegislalion and that itis impos figuredout for thenumber of hoursworked Contract for Bourbon Co. pays $15,524. sible to do an adequatejob when you have I was being paid less than $10 hourly. an overburdened caseload, no access to Under those circumstances I felt that my With the county contribution of $10,000, experts, staff, or facilities and that you private practice was subsidizing the public Lee has a total of $25,524 to provide a can’tfindattorneys willingtohelpoutwith defender work. Yet I gave the public defense forindigents. Yet, the prosecution the burgeoning caseload, attorneys have defenderwork moreemphasis, because the receives $135,145. This figure is mis learned they can’t make any money doing stakes were higher. I finally decided that leading because it only represents the public defender work in Bourbon Co." wasnot fair to my privateclients, or to me, salaries of theBourbon Co. Comm. Atty., so I resigned my contract." Asst. Comm. Atty., and their 2 staff- a Harry said of Lee, "He does a very good detective and a secretary; the salaries of job given those limitations, but it’s unfair Nora McCormick the Bourbon County Atty., Asst. Co. to expect an attorney to work under those Assistant Attorney General Atty., and their secretary. It does not in conditions, when you’re facing the Com Director dude operating expenses, etc. which is monwealth which his such an incredible Consumer ProtectionDivision included in the public defender’s$25,524. fund of resources." April 1990/ The Advocate 2 From The Editor: IN rfHIS ISSUE Menial illness is a frequent and large ex planation for much of’our cxime, yet public defenders, criminal defense attorneys, FEATURES prosecutors, police, judges and corrections officers in the criminal justice system too often are ignorant of progressive mental health knowledge. THE TREATMENT OF PSYCHIATRIC DISORDERS 62 We need to educate and implement the GREENUP 2 insights of social workers, psychologists BOURBON CO. CONTRACT PD, LEE and psychiatrists into theexplanation for the behavior of criminal clients. We also 6TH CIRCUIT VACATES KORDENBROCK V. SCROGGY 4 must educate ourselves, thecourtsandcor rections on the many possibilities for treat ing mental disorders. JUDGE’S VIEW ON DPA ALTERNATIVE SENTENCING 5 This issue we continue to focus on explor STATE OF THE JUDICIARY ADDRESS 6 ing meaning for criminal behavior and the chances of that behavior changing in the NONSUPPORT STATUTE IS UNCONSTITUTIONAL 9 future. Dr. Weitzelreviews a monumental new work, Treatments ofPsychiatric Dis orders, and relates its importance to the BLACKS DISPROPORTIONATELY INVOLVED criminal justice system. IN CRIMINAL SYSTEM 11 We continue in this issue to explore the pernicious effectsof racism in thecriminal PUBLIC ADVOCACY COMMISSION 16 justice system. What can we do to make color irrelevant to crime? INTERVIEWS WITH DPA COMMISSION MEMBERS 18 As the Catholic Bishops have rightly ob served, "Racism is not merely one sin among many, it is a radical evil dividing thehuman family...." REGULAR COLUMNS TheAdvocate is a bi-monthly publication ofthe Department ofPublicAdvocacy. en independent agency within the Public Protection and Regula West’s Review 20 tion Cabinet for administrative purposes. Opinions expressed in articles arc those of the Death Penalty: Ineffective Assistance of Counsel/Race 25 authors and do not necessarily represent tha In The Trenches: Guilty Until Proven Innocent 29 views of DPA. The Advocate welcomes cor Plain View 32 respondence cii subjects covered by it. If you have an article our readers will find of interest, Juvenile Law: The Child-Abuse Delinquency Connection35 type a short outline or general description and Evidence: Ky.’s New Evidence Code, Part 1 36 send it to the attention of the Editor. Ethics: The "Squeal Law" Law 40 Edward C. Monahan, Editor 1984-Present Erwin W. Lewis, Editor 1978-1983 Cris Brown, Managing Editor TRIAL TIPS Contributing Editors Unds K. West Barbar. Ilohhau. West’. Review Juvenile Law Allison Connally Donna Boyce Post-Conviction 6th Ckcuil Highlights Nest Walker Emis Lewis Funds for Experts in Criminal Defense Cases, Part 3 , 41 Death Penalty Plain View Kentucky Literacy Commission 47 Dan Goyett. Rob RIisy Ethics In the Trenches Computers Uses in a Small Law Office ., 48 David Hiehaus Dave Norat Evidence Ask Correc4iorw The Kentucky Parole Board ,,.. 49 Justice Powell’s Habeas Reform 51 Civil Practitioners Doing Habeas: A Bad Mistake 53 Department of Public Advocacy Preparing .. 1264 Louisville Road Witnesses 55 Frarrktort, Kentucky 40601 No Gun Control 57 5026648006 FAXI 502 564-3949 Cases of Note 59 Printed with State Funds KRS 57.375 Conflict Resolution 58 Ask Corrections 60 April 19901The Advocate 3 KORDENBROCK V. SCROGGY, DECISION VACATED BY 6TH CIRCUIT PetitionforRehearing En Banc Granted No. 89-5107 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ED On February 20, 1990, the 13 judgesof the Sixth Circuit Court of Appeals voted to FEB o 199 rehear Kordenbrock v. Scrogy, 889 F.2d LEONARD 69 6th Cir. November 3, 1989 en banc. PAUL KORDENBROCK, GREEN Clerk They also vacated the previous panel opinion inthe case. Petitioner-Appellant, V ORDER The case was restored to the docket, and a GENE SCROGGY, WARDEN, KENTUCKY supplemental briefing schedule was set by STATE PRISON, the clerk with oral argument to be lee scheduled as soonas practicable. Respondent-Appel BEFORE: MERRITT, Chief Judge; KEITH, KENNEDY, MARTIN, JONES, Kordenbrockis thefirst death penalty case KRUPANSKY, WELLFORD, MILBURN, GUY, NELSON, RYAN, to be considered by the Sixth Circuit since BOGGS and NORRIS, Circuit Judges. Furman. A majority of the Judges of this Court in regular active service have voted for Since 1985, the Sixth Circuit has granted en Sixth Circuit Rule 14 provides as follows: 20 en banc petitions for rehearing. Kor rehearing of this case banc. denbrock was the 21st since 1985 and the The effect of the granting of a hearing en banc shall be to vacate the previous second in 1990. In 1989 seven en banc opinion and judgment of this Court, to stay the mandate and to restore the case petitions forrehearing were granted. on the docket as a’ pending appeal. Accordingly, it is ORDERED that the previous decision and judgment of this Incredibly, both the Sixth Circuit panel Court is vacated, the mandate is stayed and this case is restored to the docket as a and the federal district court, Kor denbrock v.