This is the photo of Governor Patrick releasing his budget, which was released today by his office as the “official” photo of his oral advocacy for his budget for FY13.
Here is the link to the budget document and policy analysis itself.
As expected, the budget in its outside sections calls for hiring 100s of attorneys. In my opinion, the FY 13 budget as proposed by Governor Patrick further disrespects the dedicated attorneys who have represented the indigent as a part of their practice. I believe it also continues a process which is negatively impacting the viability and availability of experienced members of private defense bar to the indigent. This includes those who protect the mentally ill, and children in foster care. Even though CPCS (Committee for Public Counsel Services) has not been able to meet the requirement from the FY12 budget that it ramp up from handling 10% of cases to 25% this budget, would require 50% of cases to be handled by CPCS staff attorneys, done in an unrealistic time table with inadequate funding.
Sadly, Governor Patrick has appointed his head of A & F (Administration and Finance) Jay Gonzalez to the CPCS Board even though Attorney Gonzalez’s experience in indigent defense appears limited to a six month undergraduate internship, with no experience in child welfare law whatsoever. I consider this appointment to be both ill-judged and to be possibly a conflict of interest as well as a form of political bullying. That individual, Jay Gonzalez, reportedly called for a case load of 225 cases per state-employed public defende. Even this would require hiring 250-350 more attorneys “on line jobs” and who knows how many support staff.n There does not appear to be a a neutral cost-benefit study, nor any consideration of the impact on local economies of closed law offices, laid off staff, and the like. Sadly, those with 10, 15, 20 years experience need not apply, Of the 84 new hires to date (though 215 were authorized), reportedly, per Massachusetts Lawyers Weekly, only 4 come from those with such a level of experience. See “Struggle to fill CPCS jobs bad news for indigent defendants” at http://masslawyersweekly.com/2012/01/12/struggle-to-fill-cpcs-jobs-bad-news-for-indigent-defendants/
Where is the commitment to Gideon v. Wainwright, or “innocent till proven guilty”, in this scenario or this budget? The Judicial Branch has also fared poorly.
John Adams radical innovation of a co-equal, independent, judicial branch does not seem to be supported in this budget.
Disclosure: I do no criminal defense, and have been self-employed since 1981. A portion of my law practice consists of representing indigent children and adults in child welfare cases.
