by Don Collins

In criminal circuit courts, the Public Defender (PD) system is far from a reasonable defense to their clients. The uneducated client is told not to talk. This being so nothing incriminating is said, yet this also keeps you silent from saying anything to protect your rights, especially on issues regarding the public attorney (such as ineffective counsel issues). Both attorneys and judges do not want you to know what they won’t tell you, that being your constitutional right to speak. They certainly do not want you knowing that you have the right to a trial within 120 days, or that you can file ineffective counsel against your attorney. They certainly hope you do not find these rights out during the trial process. Once the proceedings and the sentencing phase is past the 30-day mark, you give up the right to raise your arguments in that case, including appeal. Offenders do not realize the outcome could have been very different. They say ignorance of the law is no excuse!! But having an incompetent attorney is not excusable either. The right to speak out is protected by state and federal law.

THIS IS AN ISSUE OF LANDMARK HISTORICAL IMPORTANCE OF DUE PROCESS, NOT JUST AN ISSUE OF THE INEFFECTIVENESS OF COUNSEL.

By being silent and assuming proper representation, should a client suffer because he listened to the attorney? Lie Public Defender, Lie…should be the inscription on their business cards. These public servants are under the same belief as that of the state attorney and judges, that the offender must be guilty or he would not have been arrested. A defendant is fighting for his life, therefore is entitled to the best representation available, period.

Someone once said that life is a stage and we are all actors upon it. There are actors here, they are the PD’s, but the client is a real person, not an actor. The client is a real person whose life hangs in the ballast.

A system of offender rights and laws should be implemented. The best organization to prepare this manual would be the American Bar Association through its regional offices. They have shown interest in related areas of inmate rights.

Indeed we have widespread corruption throughout the judicial system, and the public remains blinded and may not even care.

Every downfall has a solution, but will it be implemented? Probably not. Defense for felon offenses should go through the private sector by contracting with private attorneys, who would get paid through the same pool as the public defenders. By overhauling the PD office the client would have the proper defense and the courtesy of shown interest in their case. The concern of cut in pay for these types of cases would be irrelevant to the private attorney simply because of more cases, and more future clients, all mandated by law. This would leave the public defender office to utilize its time on less critical matters such as violation of parole and probation. In the end, the offender gets sound assistance. When you’re fighting for your life, you should get nothing less.