Public Defenseless

Today, we return to once again to the state of Alabama to speak with Stacey Fuller and Kathleen Henderson. If you will recall, Stacey joined Hunter in his conversation with Leah Nelson to discuss the fines and fees that keep Alabamans from accessing a meaningful second chance. At the end of that episode, Stacey mentioned the Felony ID card the state required her always have on her. That conversation plays directly into this one as we examine the other onerous conditions the state of Alabama places on those returning from incarceration. Join Hunter, Kathleen, and Stacey as we wade through the minefield that the formerly incarcerated must navigate to avoid returning to jail. Guests: Stacey Fuller, Community Outreach Coordinator, Tennessee Kathleen Henderson, Re-Entry Case Manager, Alabama Apple Seed Resources: Alabama Appleseed https://alabamaappleseed.org/ Alabama Driver's License Bill https://www.al.com/news/2023/05/lawmakers-pass-bill-to-limit-drivers-license-suspensions-for-unpaid-fees.html Alabama Prison Funding https://alabamareflector.com/2023/05/02/alabama-crime-victims-compensation-commission-gets-less-than-it-sought-in-general-fund/ https://www.al.com/news/2023/03/alabama-governor-wants-100-million-of-school-funds-for-prison-construction.html https://www.al.com/news/2023/03/alabamas-billion-dollar-no-bid-prison-disaster-is-only-the-beginning.html Alabama Trial Penalty https://www.al.com/news/2023/04/whitmire-alabama-lawmakers-trial-tax-bill-will-cost-us.html Alabama Inmate Frozen to Death https://www.cbs42.com/regional/after-release-of-video-lawsuit-claims-alabama-man-froze-to-death-in-police-custody-was-likely-placed-in-jail-freezer/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

On last week's show, Hunter spoke with Babatunde Aremu and demonstrated the ways in which a Public Defender Office could be unionized without causing strife between leadership and line public defenders. Unfortunately today's episode demonstrates the worst possible scenario for a unionization effort. Hunter sat down with Cat Vining and Morgan King, line public defenders in the Louisville Metro Public Defender Office, to discuss why they unionized and the incredible efforts that leadership took to make sure the union would be crushed. Unlike the rest of the state, Louisville Public Defense historically existed outside of the control of the Depart of Public Advocacy, but when the office decided to unionize, the powers that be stepped in to make a change. Despite the Governor vetoing the bill that would bring the office into the state system (while also calling out the legislation as retribution), the Louisville Metro Public Defender Office now sits on the precipice of a quick, ill planned ascension into the state system. So what comes next for those who rely on the services of the Louisville Metro Public Defender? Guest: Cat Vining, Line Public Defender, Louisville Metro Public Defender Morgan King, Line Public Defender, Louisville Metro Public Defender Resources Folder containing internal emails and other correspondence from Louisville Metro Public Defender Office https://drive.google.com/drive/folders/1X8zNcYWtWHMxia1OW1fIEct3LlTI0cQb?usp=sharing Brief overview of what the Kentucky Supreme Court said, as well as a link to the opinion by the Kentucky Supreme Court as well https://news.bloomberglaw.com/us-law-week/kentucky-high-court-tosses-challenge-to-state-lawyers-unionizing Article about HB 568 --> https://www.wdrb.com/news/louisville-public-defenders-concerned-about-state-legislation-that-would-change-how-they-get-funding/article_93e36c90-ba37-11ed-8dc9-a773424b6481.html Gov. Beshear Veto --> https://www.wdrb.com/news/politics/gov-beshear-vetoes-bill-related-to-louisville-public-defenders-office-merging-with-state/article_bb4d6d5e-caad-11ed-b0e0-dbef141919b1.html Leo Smith's Campaign Contributions --> https://secure.kentucky.gov/kref/publicsearch/AllContributors?FirstName=Leo&LastName=Smith&FromOrganizationName=&ElectionDate=01%2F01%2F0001&City=&State=&Zip=&Employer=&Occupation=&OtherOccupation=&MinAmount=&MaxAmount=&MinimalDate=&MaximalDate=&ContributionMode=&ContributionSearchType=All&PageSize=10&PageIndex=0&ReportId= - this link hopefully goes straight to Leo Smith's campaign donations, but if not, that website is https://secure.kentucky.gov/kref/publicsearch/AllContributors and you can search Leo Smith's name to see his contribution to James Nemes in 2022, the same state Represenative who filed HB 568 merging our office into the state agency Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patreon www.patreon.com/PublicDefenselessPodcast Donate on Pay Pal https://www.paypal.com/donate/?hosted_button_id=FC6UYEFLAMBTE Donate on Stripe https://donate.stripe.com/cN26pR5IbaFY9I46oo

On today's bonus show, Hunter provides updates on the plans for the show and what he learned from his internship at the Aurora Municipal Public Defender Office. Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patreon www.patreon.com/PublicDefenselessPodcast Donate on Pay Pal https://www.paypal.com/donate/?hosted_button_id=FC6UYEFLAMBTE Donate on Stripe https://donate.stripe.com/cN26pR5IbaFY9I46oo

Today, Hunter spoke with Jill Weinberg, Assistant Professor of Sociology at Tufts University, to discuss the difficulties and strategies of discussing BDSM and other alternative sexual practices in the court room. For many, 50 Shades of Grey is the only exposure to alternative sexual practices so how should lawyers prepare juries, judges, and even themselves for when their case revolves around one of these topics? From the complexities of consent in BDSM relationships to navigating polyamorous relationships, today's episode is all about the ways attorneys need to confront the biases people hold about alternative sexual practices. Guest: Jill Weinberg, Assistant Professor of Sociology, Tufts University Resources Professor Jill Weinberg's Faculty Page https://as.tufts.edu/sociology/people/faculty/jill-weinberg Professor Jill Weinberg's Book https://www.amazon.com/Books-Jill-D-Weinberg-Ph-JD/s?rh=n%3A283155%2Cp_27%3AJill+D.+Weinberg+Ph.D++JD Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com

When most in the Public Defender world think about the Bronx Defenders, they think of an office at the forefront of imagining a new path forward for Public Defense. Despite this, the Bronx Defenders sat as outlier amongst the New York City Public Defender Offices as one of the last who were not unionized. Today, Hunter spoke with Babatunde Aremu, President of the new Bronx Defenders Union, to discuss the interesting history of the office's relationship with unions, his work as a civil public defender, and the example other offices can learn from the leadership at the Bronx Defenders willingness to accept the unionization without a fight. Guest: Babatunde Aremu, Union President and Civil Action Attorney, Bronx Defender Resources Contact the Bronx Defender Union BXDunion@gmail.com Bronx Defenders www.bronxdefenders.org Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com

Today, Hunter sat down with Mary Ann Scali (Executive Director, Gault Center) and HyeJi (Senior Youth Defense Counsel, Gault Center), to discuss the legacy of the Supreme Court Case in re Gault and how it impacts youth representation today. Much like the episode with Justine Olderman and Wes Caines on the legacy of Gideon, today's episode is a reflection on America's history of neglecting the rights of children, what in re Gault meant for youth access to counsel, and how the court maybe did not go as far as it could have with that case. Most importantly, this episode is meant to serve as a reminder that Public Defense cannot continue to overlook the importance of youth representation. Around the country, youth representation is still viewed as the minor leagues of Public Defense, and it is time for the entire profession to move to practices the understand the importance of having specialized youth defenders who are resourced and staffed to attack a case with the same vigour as their offices dedicate to serious adult felonies. Guest: Mary Ann Scali, Executive Director, Gault Center HyeJi Kim, Senior Youth Defense Counsel, Gault Center Resources in re Gault Case https://supreme.justia.com/cases/federal/us/387/1/ in re Gault on 5-4 Podcast https://open.spotify.com/episode/5XZDGyhLn6pZzS8YkC5N7O Gault Center https://www.defendyouthrights.org/ Follow Gault Center on Twitter https://twitter.com/GaultCenter?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor Roper v Simmons https://www.law.cornell.edu/supct/html/03-633.ZS.html Haley v Ohio https://www.law.cornell.edu/supremecourt/text/332/596 J.D.B v North Carolina https://supreme.justia.com/cases/federal/us/564/261/ Access Denied http://defendyouthrights.org/wp-content/uploads/2017/10/Access-Denied.pdf Defend Children http://defendyouthrights.org/wp-content/uploads/2017/10/Defend-Children-A-Blueprint-for-Effective-Juvenile-Defender-Services-FINAL.pdf Juvenile Records Bill in Louisiana https://www.theroot.com/louisiana-house-passes-bill-outing-juvenile-records-in-1850442089 HyeJi in Teen Vouge https://www.teenvogue.com/story/juvenile-justice-united-states-courts Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com

Today, Hunter was joined once again by Jane Fox (Legal Aid Society New York) and Kyle Morris (Nashville Public Defender Office) to discuss all things student debt forgiveness. Last time they were on the show, Jane and Kyle walked Hunter through the complicated landscape of Public Service Loan Forgiveness, President Biden's student loan forgiveness plan, and several other topics of interest. Since that interview, student debt forgiveness has become a even more pressing issue of conversation as the deadline for student debt payments getting turned back on looms large. Join Hunter, Jane, and Kyle as they breakdown the implications for public defense and other career fields as they grapple with the implications of the future of student debt. Guest: Jane Fox, Public Defender and Chapter Chair, Legal Aid Society, New York City Kyle Morris, Felony Public Defender, Nashville Public Defender Resources Student Aid .gov https://studentaid.gov/ Student Borrower Protection Center https://protectborrowers.org/ Cancel My Student Debt. Org https://www.cancelmystudentdebt.org/ Legal Aid Society https://legalaidnyc.org/ Nashville Defenders https://publicdefender.nashville.gov/ Contact Kyle KyleMMorris@jisnashville.gov Contact Jane jfox@legal-aid.org Follow Jane on Twitter https://twitter.com/Foxsquire Follow Kyle on Twitter https://twitter.com/Kyle_Morris Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com

Today, Hunter spoke with Elbert Aull, a Public Defender from King County Washington and chairman of the Public Defender Union's Political Action Committee to discuss the vital role the union played in bringing attention to the horrid conditions of jails in King County. As with many of our unionization episodes, this episode highlights the type of political and media engagement that are not normally available to Public Defenders, whether they be non-unionized or contract. Most importantly, Elbert's work on the Political Action Committee demonstrates the potential for Public Defenders to become trusted members of the labor force and how they can leverage that trust to shape criminal legal discourse across a politically diverse state like Washington. Guest: Elbert Aull, Public Defender, King County, Washington Resources PAC comments on the jail crisis https://www.kuow.org/stories/king-county-public-defenders-corrections-officers-see-eye-to-eye-on-covid-crisis-in-jails https://www.thestranger.com/news/2022/09/08/78447742/how-can-we-fix-the-king-county-jail-crisis https://www.fox13seattle.com/news/king-county-jails-consider-releasing-non-violent-suspects-due-to-staffing-shortages-inhumane-conditions https://www.thestranger.com/news/2023/04/05/78935744/king-county-commits-millions-to-make-jail-slightly-less-crowded ACLU Lawsuit that lead to restricting of Public Defense https://sixthamendment.org/independence-threatened-as-public-defenders-strive-for-parity-in-king-county-washington/ Email Elbert elbertaulliv@gmail.com Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com

Across the country, a movement of so called progressive prosecutors has become a focal point of political commentary around the criminal legal system. Today, Hunter spoke with three Chief Public Defenders, Mano Raju, Keisha Hudson, and Ricardo Garcia to discuss their observations and perspectives dealing with these progressive prosecutors. For each of the guests and Hunter, there is a universal agreement that this movement is directionally a massive improvement over old school tough on crime prosecutors, but we also acknowledge there are severe limitations on what they can do. From the recall of Chesa Boudin to the massive pushback against Larry Krasner and George Gascon, the politics of crime make it challenging for this DAs to reach all of their lofty promises. Guest: Keisha Hudson, Chief Public Defender, Defenders of Association of Philadelphia Ricardo Garcia, Chief Public Defender, Los Angeles Mano Raju, Chief Public Defender, San Francisco Resources Defenders Association of Philadelphia https://phillydefenders.org/home/ Follow Philly Defenders https://twitter.com/phillydefenders/ Follow Philly Defenders on Instagram https://www.instagram.com/phillydefenders/ LA County Public Defender https://pubdef.lacounty.gov/ Follow LA Public Defender on Instagram https://www.instagram.com/lapubdef/ SF Public Defender https://sfpublicdefender.org/ SF Public Defender on Twitter https://twitter.com/sfdefender Pamela Price https://abc7news.com/alameda-county-district-attorney-pamela-price-jasper-wu-delonzo-logwood/13100531/ Larry Krasner https://www.inquirer.com/news/da-larry-krasner-record-convictions-cases-guns-homicides-20221121.html#:~:text=In%20a%20statement%20attacking%20what,shootings%20and%2079%25%20for%20nonfatal. Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com

Today, Hunter spoke with James McDermott and Paul Chambers, two Public Defenders from the Far West Texas Office, to discuss their vision for a better model for Public Defense Delivery. According to the ABA and basically every Public Defender organization, vertical representation is what all offices should strive for. Under this model, attorneys handle every aspect of the case from first appearance to disposition, but is this really the best model available? In their office, James and Paul have moved towards something they refer to as "ensemble representation". With more of a flat power dynamic, their model deemphasizes the role of the attorney in an effort to truly put the client at the center of the representation. Guest: James McDermott, Chief Public Defender, Far West Texas Public Defense Paul Chambers, Deputy Chief Public Defender, Far West Texas Public Defense Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com