Public Defense PaPublicpers from the Executive Defense Session on Public Defense

Cultural ublic defenders everywhere are culture in order to create a desire to PP beginning to reassess the most reevaluate these values and provide a Revolution: fundamental questions of what it means set of concrete suggestions by which to provide effective representation for public defender managers can move an Transforming clients. Frustrated by the limitations office from the traditional model to a traditionally imposed by government more holistic one. the Public funders who seek to satisfy minimal constitutional requirements, public Values of the Public Defender’s defenders are asking themselves if there Defender is more they can do for the clients and Office communities they represent. By Traditional Defender changing the way public defenders see The traditional defender office is lawyer their clients, their communities, and By Robin Steinberg and driven and case oriented. The public themselves, we can fundamentally alter 1 defense culture centers on a small cadre David Feige the relationship among the three for the of trial lawyers esteemed for their trial benefit of all. skills. The obsessive focus on the trial Even talking about changing what public as the crowning achievement of the defenders do and how they define their public defender leads inescapably to the roles is liable to terrify most managers privileging of the canny trial attorney of public defender offices. Our culture is and the undervaluing of the caring and so ingrained and traditional that calls for effective advocate focused on both the cultural change are usually met with client’s legal and extra-legal needs. statements like, “My lawyers won’t do Traditional defenders address that;” “My funders won’t let me do that;” themselves primarily to the client’s “My community isn’t interested in that;” immediate legal needs, believing that or “It sounds great in practice, but it’ll removing or reducing the imminent never work for me.” threat of incarceration is their function. Social work intervention, where it This bulletin is designed to do two exists, is limited to helping lawyers things: provoke a discussion about the achieve case dispositions for clients. most basic values of the public defender Once a case is over, so is the relationship

This is one in a series of papers developed with some of the leading figures in public defense during their periodic meetings at Harvard University’s John F. Kennedy School of Government. These 30 members of the Executive Session on Public Defense (ESPD) included state public defender leaders, assigned counsel managers, a prosecutor, a legislator, a social worker, a journalist, and criminal justice experts. In their discussions and resulting papers, they tried to rethink the field of public defense—challenging conventional wisdom and exploring new ways to serve clients and society. ESPD was a partnership effort of Harvard University’s Program in Criminal Justice Policy and Manage- ment, the Harvard Law School, the Vera Institute of Justice, The Spangenberg Group, and the Bureau of Justice Assistance.

Points of view or opinions in this document are those of the author and do not represent the official position or policies of the U.S. Department of Justice.

August 2002 | Bulletin #3 with the client—at least until the next appropriate. By integrating lawyers, Transforming Traditions arrest. social workers, and investigators into a working unit, a holistic model is able to The culture of an office is often so In the traditional model, the better assess and serve client needs. ingrained in the way things are done communities that the clients come from that it becomes invisible. Tradition, fear are generally ignored. Clients are seen Finally, by being community based, the of the unknown, and inertia conspire to most often in the courthouse rather than holistic model is seen as part of the make cultural change seem impossible. the office. Family meetings are rare, and larger community. These offices become It is not. Changing the culture of a long-term involvement with schools or a resource for the community and forge public defender office requires clear community organizations is unheard of. powerful relationships with community vision, shared investment, and sustained Any sense of community that exists is groups and organizations. Whether momentum. What motivates many public within the courthouse. responding to the criminal justice defenders—the reason many of them concerns of the community, doing a went into the work in the first place—is Client-Centered Defender workshop at a local high school, or the engine that can drive officewide working with a treatment center to cultural change. By contrast, the more holistic model of ensure that clients have access to representation is client focused, limited bed space for treatment, holistic Many public defenders come to the work interdisciplinary, and community based. offices work collaboratively with the with the desire to help people, create a Lawyers in these offices see a client’s community to enhance services for better criminal justice system, and make legal needs as a starting point. So, if a clients and add to the vibrancy of the a difference. In almost every office there client faces robbery charges, she may community. is a “true believer” and there are lawyers also be in an abusive relationship and who want to do more—to reach farther have a drug problem. Instead of focusing Trial skills and aggressive courtroom into clients’ lives and communities and on just the robbery charge (or case) as a advocacy remain a mainstay of a client- make a difference in the lives they are traditional defender might, an advocate centered defender organization. The goal sworn to defend. And it is these lawyers, in a more holistic environment may is not to diminish zealous legal practice, backed by thoughtful and directed simultaneously address the abusive but to augment it. Because much of the management, that can move a public relationship and substance abuse issues client-centered work occurs outside the defender office forward and change its in addition to the legal ones, whether or hallways and stairwells of the culture from the traditional model to a not they initially appear to be related. courthouse and inside the communities more client-centered one. The change is and families of the client, it does not not easy, and it is certainly not quick. Because of the focus on the whole client, interfere with courtroom advocacy. So, But with persistence and patience, it can social workers and investigators are part by bringing to bear all the weapons in happen. and parcel of what the lawyer does. the arsenal of criminal defense work and Holistic offices recognize that social blending them with the humanizing and What follows is a series of questions and workers and investigators often have the compassionate elements of the client- suggestions for transforming the culture best perspective on the client— centered approach, powerful advocates of a traditional public defender office investigators because they spend time in find themselves even better equipped to into a more holistic, client-centered the communities that the clients come simultaneously engender compassion organization. These suggestions also from and social workers because they from judges and acquittals from juries. serve as a guide for some of the issues are trained to assess client needs and and problems that are likely to be provide social services when encountered on the long road to cultural change.

The Executive Session on Public Defense (ESPD) was designed to How can I change my office encourage a new form of dialogue between high-level practitioners culture? and scholars, with a view to redefining and proposing solutions for substantive policy issues. Practitioners rather than academicians Vision. Vision is an absolute were given majority representation in the group. Meetings were prerequisite to any change in culture. conducted as loosely structured seminars or policy debates. The chief defender and top management must all share a unified vision of what Between 1999 and 2001, ESPD met 5 times. During the 3-day meetings, the 30 members discussed the facts and values that the office should be. All managers have guided, and those that should guide, public defense. should be dedicated to bringing the office toward the shared goals, and each

2|Cultural Revolution: Transforming the Public Defender’s Office must be able to clearly articulate the and collaboration. Lawyers understand coherent, powerful voices for clients that cultural vision of the office. how investigators make their work on expand our understanding of client cases possible. Without the investigators, needs and help us address them It is therefore of paramount importance lawyers would not have a good sense of effectively. to commit time and resources to create a case, but lawyers often do not this vision at the top. A management understand how social workers can Create a physical environment that retreat designed to address the support their legal work and the clients. supports your holistic vision. How an fundamental questions of what the office Only by working directly with social office creates and uses space speaks should be, what it should do for clients, workers, as members of a work group or volumes. The space reflects the vision, and what it should become is a good team, can lawyers begin to really assumptions, and commitments of the start. Ideally, managers can agree that a understand the value of social workers. public defender office. In structuring the public defender office is a place that office, defender managers must think exists for clients, and that its goal is Whether assessing a client’s mental about the internal use of space by both both to address its clients’ immediate health status, diagnosing a drug staff and the client/community. The legal needs and also to help clients addiction, uncovering family violence, or internal space—where one makes confront the issues that may have simply understanding and accepting a decisions from moment to moment while initiated and contributed to their contact client as he or she is, social workers representing clients—should be with the judicial system. Ultimately, the provide invaluable insight about how to carefully designed to encourage goal of the public defender is far more best help the client. In a client-centered collaboration. Placing lawyers, social global than the traditional model office, courtroom goals are accomplished workers, and investigators in equal suggests. Indeed, it is nothing short of by allowing social workers to help spaces, assigned not by role but by work improving the lives of those it serves. convince judges and prosecutors to offer group, supports a culture that strongly Such a vision implicitly understands that appropriate case dispositions, while also values social and investigative work. the life outcomes for clients are as helping clients address the problems that important as case outcomes. brought them into the criminal justice Public space—that occupied by clients, system—whether case-related or not. their families, and community When we have the client-centered members—should be designed to move vision, how do we create an office Interdisciplinary teams or work groups office culture in a positive direction. that supports the vision? may include more than lawyers, social Imagine walking into a public defender workers, and investigators. Law reception area/waiting room with plastic Having come to an understanding about students, social work student interns, chairs bolted to the floor, graying walls, what the goals and vision of the office and high school students can be a receptionist sitting behind thick are, top management needs to devise integrated into work groups as well. security glass with a buzzer system and ways to support the holistic vision. Think creatively about these valuable locks on the doors. The message is clear: Creating teams, rearranging the physical resources and create specific projects for clients are to be controlled and feared. space, and making a commitment to the them. High school student interns may community all advance the goals of the tutor other high school students from Instead, create space that reflects a new client-centered model of representation. the community, law students can office culture that is open, warm, and welcoming. Small things like magazines Create interdisciplinary work groups. investigate and escort clients to drug for clients, toys for their children, and a Whole client representation can best be programs, and college interns can water cooler can make all the difference. accomplished when an office is divided survey the community about unlawful In addition, the design should minimize into interdisciplinary work groups. This police conduct. Including lawyers and barriers between clients and the staff can be a challenge. Many lawyers resist law students who can represent clients workspace. If it can be done without multidisciplinary practices for fear of in other legal proceedings such as doors, so much the better. The new losing control and power over the case. school suspensions or parole hearings or message is clear: clients are welcome Nothing in their law school training or civil litigators who can help with public here and we exist to serve their needs. prior experience fosters a collaborative benefits, housing, family court, and immigration will greatly enhance the work style—particularly not with Focus on community outreach. Public office’s service to clients and will nonlawyers. defenders must do more than be vaguely educate other team staff about the aware of the communities that clients Through integration and indoctrination, problems that clients face outside the come from. They must be active in the even the most resistant lawyer will begin criminal justice system. Ideally, communities. For example, the Dade to understand the value of social work interdisciplinary work groups form

August 2002 | 3 County Public Defender Office runs an antiviolence project. The Public E-Mail Praising Client-Centered Victory Defender for Albemarle County and the From: Laura City of Charlottesville has established a Sent: Friday, April 27, 2001, 9:57 a.m. citizen’s advisory committee, and the To: Defenders Bronx Defenders runs a debate center Subject: Holistic Advocacy for local high school students. These programs serve a number of functions, I wanted to let everyone know about the great work that Joy has done. Joy was working with a 16-year old both political and cultural. From a client of Andre’s who took a plea to complete a sex-offender treatment program. However, because the political perspective, outreach affords case was in criminal court, there was a problem about who would pay for the program. The plan was to try the office an opportunity to raise its to get the Board of Education to pay for the program. So with the help of information provided by McGregor, profile in the community. From a cultural Andre and Joy went to a hearing at the Board of Education to advocate for the client so that the Board of perspective, by engaging with the Education would pay for the $90,000/year program. Well... community, public defender staff see clients as more real and more human. Guess What?...They were informed that the Board of Education would be able to pay for the program and It is amazing. Send an otherwise trial- so the client will be entering the program in mid-May. focused lawyer to sit at a cardtable at a A fitting farewell for Joy who has done exceptional work during the year. This is not to take away from local middle school’s career day, and you Phillip—our resident sex offender program expert. will find that a day of talking to eighth graders, some of whom have never seen Hearing this news really makes what the client advocates do a fulfilling experience. Getting a client into a a lawyer before, can make a tremendous sex offender treatment program is exceptionally hard, and it’s even harder figuring out who will pay for the impact. Of course, the lawyer’s presence program. Joy’s tireless efforts and advocacy really turned a bad situation into a winner. The collaboration is great for the kids and wonderful for between Andre, Joy, and the family is really what this work is about. the school, and the community appreciates knowing that professional So congrats Joy! Thanks for the great work and for a great year. and compassionate advocates are available to them. However, the impact on the community is only the beginning. Reinforce client-centered values in the The public acknowledgment of client- The lawyers are deeply affected as well. office community. Getting staff to buy centered triumphs goes a long way Even an attorney steeped in the in to the new office culture requires a toward setting the tone of the office, and traditional model will return from his or conscious effort to change the priorities it makes everyone feel good. her visit deeply aware of the myriad of the office by rewarding and hurdles that everyday life presents for encouraging new and different kinds of Expanding outside training opportunities those he or she represents. That lawyering. to nonlawyers supports a culture that knowledge, in the vast majority of the values social work, investigative work, lawyers, impels them to be more Many traditional defenders resist change and community development efforts. sensitive to client needs and more because it seems to yield no obvious Likewise, think about sending lawyers to effective in communicating the essential benefit. As managers, we dole out trainings that usually target nonlawyers. humanity of their client to both the goodies all the time. The allocation of Educating lawyers about the problems prosecutor and the court. Ultimately, praise can begin to make a difference. It that our clients face—mental health exposure to the community makes is as simple as this: instead of only issues, drug addiction, learning lawyers both more effective and more celebrating an acquittal, send out challenges, and family violence to name sensitive—two things that are congratulatory e-mails or make a few—through outside training brings traditionally viewed as incompatible. congratulatory announcements about them into contact with experts from a other client-centered victories—a great variety of fields and further sensitizes I am committed to the vision, have plea, a client successfully completing a them to our clients and the work that built a welcoming space, ventured drug program, or a client who just got social workers do on their behalf. out into the community, and am his first paycheck from a new job one of ready to go. How do I get my staff your lawyers or social workers helped Not everyone is committed to the on board? her to find. The above e-mail came as I client-centered community. What was writing this. can be done to eliminate resistance?

4|Cultural Revolution: Transforming the Public Defender’s Office There are certain to be resisters and But outreach and advertising efforts that often, but Jennifer, the receptionist, people who are unhappy. Some old-school only bring in the candidates. Once they is never rude or dismissive. Instead, she trial jocks may find this approach too apply, think about new ways to evaluate routinely finds one of the dozen lawyers, “touchy feely” and may quietly refuse to candidates that are consistent with your social workers, investigators, or team change or help. Do not give up on them, new vision. administrators who know Anthony, so but remember that there is always that he can talk to someone. When that turnover and turnover brings both turmoil Create a hiring committee. When you fails, she chats with him herself—if only and opportunity. Take the opportunity to put together a staff hiring committee, to find out how he is, how he is feeling, hire staff who support your new vision. include people who share the new vision or to reassure him. And remember, this is a long process. and remember to include nonlawyers in the group. A belief in client-centered Promotions. Traditionally, the most Hiring. Hiring is one of the most advocacy should become the new litmus talented trial lawyers in a public important parts to changing office test for hiring. Think about ways to defender office are promoted to culture. New people, regardless of their conduct the interview that tests an management, which makes sense. They role within the office, should share the applicant’s ability to work in and have credibility with other lawyers and new vision. From the receptionist, who is support holistic lawyering. You may are revered for their aggressive advocacy an exoffender, to the lawyer raised want to change the interview process skills. However, to move a traditional within the community, every aspect of from requiring a candidate to do an defender office to one that is more client the hiring process should reflect the new opening statement, conduct a cross centered, defender leaders need to vision. It is not easy, but again, it can be examination, and give a summation to redefine the skills that will be most done. Here’s how all office staff can having a candidate interview a client, valued. In the holistic office, promoting assist in the hiring process. create community outreach ideas, and lawyers with great lawyering skills is moot a dispositional conference with a not enough; instead, collaborative work Use your current staff. Ask lawyers, judge and social worker. with social workers and investigators, social workers, and investigators who involvement in community outreach share a client- centered vision to reach Use the new criteria for everyone. efforts, and the establishment of out to people they know. You will be When thinking about hiring, it is not significant relationships with clients and amazed at how many like-minded people enough to focus on the lawyers. Hire their families are additional factors that are out there. staff in all office roles who share the should be considered in determining vision. The receptionist, administrative promotions. When a lawyer has both Manage outreach opportunities. When support staff, and other office workers sets of skills, the choice is obvious. In you decide who goes to outreach have a lot of contact with clients and most cases when the best choice is not opportunities, think carefully about who their families. They field the so well-defined, it is important to choose you send. Make sure that he or she can emergencies and take the phone calls the candidate who best supports the new articulate the new office vision and from frightened clients. They are the cultural values of the office. excite potential candidates. ones who see the client who shows up at the office without an appointment and Write a new advertisement. Carefully The holistic office is built, the when the lawyer is unavailable. They craft an ad that reflects the new values dream staff is hired, relationships correspond regularly with clients and of your office. Talk directly about in the community are established, family members. How they respond to teamwork and commitment to social and the office culture is changed. clients and other staff will greatly affect justice in the text of the advertisement Is there anything else that should the internal culture of a public defender (See sample advertisement). be done? office and the client’s experience with the office. When each staff member Listen to clients. Listen to clients. It is shares the vision, believes in the clients, that simple. Clients know when caring, Sample and respects the community, the client- effective advocates have represented Advertisement centered culture thrives. them and when they have not. Ask clients about their experiences with your office, The New Vision Public Defender Office Seeks For example, Anthony is mentally ill, and the criminal justice system, and the police Compassionate, dedicated lawyers with he has been in and out of mental in their communities. Many lawyers excellent litigation and counseling skills who hospitals since he was 6 years old. When believe that a client’s experience is only are committed to clients, their communities, he is incarcerated, he calls related to case outcomes—nothing could and social justice. Send inquiries to Defenders two or three times a day. None be farther from the truth. When client- Executive Director, NVPD. of the lawyers has time to chat with him centered advocacy is practiced, even August 2002 | 5 clients who go to prison often feel cared for, well represented, and empowered. Letter to the Bronx Defenders

Create ways to hear their voices, their I can still remember the day that I walked into your office asking for your help. I remember seeing the criticisms, and their praise. pictures on Karen’s office desk with her, perhaps family or friends I don’t really know. I remember thinking to myself, “they seem pretty intelligent but what is the difference between them and those There are a number of ways to get other guys?” Well, I consider myself a pretty good judge of character, and I remember having a good feedback. You can create a client feeling about you both and as the conversation progressed I knew what the difference was. You looked satisfaction survey, conduct focus groups John in the eyes when you spoke to him, as if he were an actual human being standing in front of you, with former clients, or put a simple not like the others did who spoke with a blank look on their face as if there was no one standing in cardboard suggestion box in your front of them. Wow, that was amazing. You asked about his family and I could tell that you actually reception area. What clients say about really cared, I knew then we were at the right place. the office and their representation will have an enormous impact on the staff— I’ve always wanted to be a lawyer. It fascinates me and seeing you both standing there tall, proud and perhaps more impact than anything even confident about yourselves just made me want it even more (so much more that I went back to school defender managers say. Face it: public to finish my bachelor’s degree and eventually go to law school). defenders are notoriously antiauthoritarian. It is the characteristic ...I realize that John still has to do time. However, I believe that it is needed time. He has some that makes them brave and great in a growing up to do and I think that this is where he will finally become the man that he needs to be courtroom when faced with a tough (please don’t tell him I said that). judge, prosecutor, or police officer. But that trait makes it difficult for defender I just really from the bottom of my heart would like to thank you guys for all of your help and for managers alone to persuade staff that treating us like human beings. You actually made us feel special, as if we really matter. You know change is necessary and desirable. that there are times when I actually feel that we were the only clients you guys had because of the Client and community feedback, on the attention that you gave to us. I say “we” because Damian called me numerous times to give me the other hand, have enormous power. Staff progress of the case and returned every single one of my phone calls. If you can manage to have will be interested in clients’ comments— hundreds of cases and make people think that they are the only one’s there, let me tell you you’ve especially in their praise—and this will gotta be pretty darn good. go far in helping defender managers create a new culture and move their If my thoughts in this e-mail seem vague and disorganized, please realize that I am at a loss for words offices toward a new vision for public trying to explain my gratitude towards you both (and the rest of the very nice people in your office) for defense. what you have done for my family. It really means a lot to us. I want to say so much that perhaps I said nothing, but for whatever it’s worth, when I do become a lawyer I want to be just like you guys. You A letter like the one to the right, from a have been an inspiration to me. Keep up the great work! client’s wife, can encourage staff, support your vision, and help, in its own small way, create a new culture. It is Some public defenders may be resistant ultimately, in some little way, perhaps easy to forget that somewhere among to change. They may be set in their the world. your staff someone is really being ways. But within every defender office, appreciated. there are people who care about clients Note and their communities. Changing the Conclusion 1. Robin Steinberg is the Executive culture of a public defender office is Director of the Bronx Defenders and Changing office culture is a process that nothing more than privileging the values David Feige is the Supervising Trial requires vision, commitment, and of those who care and making them Attorney of the Bronx Defenders. The patience. Some changes come easily and universal. It takes commitment and it authors wish to thank Mary Hoban, quickly, like filling your waiting room takes time, but it is good for clients and Chief Social Worker of the Office of the with magazines that interest clients and underserved communities and even good Chief Public Defender for the State of toys that will engage their children. And for public defenders. Creating a client- Connecticut, for her contributions to this some changes are slow, like expanding centered public defender office can paper. the role of the public defender to include change the way you see the work, and community outreach and education. But fast or slow, it is worth the effort because everyone benefits.

6|Cultural Revolution: Transforming the Public Defender’s Office MEMBERS OF THE EXECUTIVE SESSION ON PUBLIC DEFENSE William Bratton, Former Police Commissioner Phyllis Hildreth, Former Chief Counsel for Bill Ritter, Jr., District Attorney Police Department Administration Denver, CO New York, NY Maryland Public Defender Office Ellen Schall, Martin Cherkasky Professor of Ann Christian, Director Baltimore, MD Health Policy and Management Indigent Defense Services Division Mary Hoban, Chief Social Worker Robert F. Wagner Graduate School of Public The State Court Administrator's Office Office of the Chief Public Defender Service Salem, OR Hartford, CT New York University Cait Clarke, Project Manager Michael P. Judge, Chief Public Defender New York, NY Executive Session on Public Defense County of Los Angeles Bryan Shaha, Office of the Alternate Defense Program in Criminal Justice Policy and Los Angeles, CA Counsel Management John P. Kretzmann, Co-Director Greeley, CO John F. Kennedy School of Government Asset-Based Community Development Institute Robert L. Spangenberg, President Harvard University Institute for Policy Research The Spangenberg Group Cambridge, MA Northwestern University West Newton, MA Beth Davis, Former State Defender and Evanston, IL Robin Steinberg, Executive Director Executive Director Michael P. Lawlor, State Representative The Bronx Defenders Mississippi Public Defender Commission State of Connecticut General Assembly New York, NY Jackson, MS House of Representatives Mark Stephens, District Public Defender Tony Fabelo, Executive Director Hartford, CT Knoxville, TN Texas Criminal Justice Policy Council Carlos J. Martinez, Chief Assistant Public Austin, TX Christopher E. Stone, President and Director Defender Vera Institute of Justice Nancy E. Gist, Former Director Dade County Public Defender's Office New York, NY Bureau of Justice Assistance Miami, FL Randolph N. Stone, Clinical Professor of Law Office of Justice Programs Mark H. Moore, Daniel and Florence V. and Director U.S. Department of Justice Guggenheim Professor of Criminal Justice Washington, DC Edwin F. Mandel Legal Aid Clinic Policy and Management University of Chicago Law School Angela Glover Blackwell, President John F. Kennedy School of Government Chicago, IL PolicyLink Harvard University Oakland, CA Cambridge, MA Kim Taylor-Thompson, Professor of Clinical Law Daniel Greenberg, James R. Neuhard, President and Attorney- Director New York University School of Law in-Chief State Appellate Defender's Office New York, NY The Legal Aid Society Detroit, MI Jo-Ann Wallace, Chief Counsel New York, NY Leonard E. Noisette, Executive Director National Legal Aid and Defender Association Francis X. Hartmann, Executive Director and Neighborhood Defender Service of Harlem Washington, DC Senior Research Fellow New York, NY Henry Weinstein, Legal Affairs Writer Program in Criminal Justice Policy Charles J. Ogletree, Jr., Jesse Climenko and Management Professor of Law Los Angeles, CA John F. Kennedy School of Government Harvard Law School Harvard University Cambridge, MA Cambridge, MA

The Executive Session on Public Defense was supported by grant number 1999ÐDDÐBXÐK002, awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the U.S. Department of Justice.

NCJ 193773

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