Defender Leaders Persuade
Public
defender and assigned counsel leaders can influence criminal justice
policies. We increase our public policy effectiveness when we partner
with creative coalitions, unusual supporters of a particular bill or
issue. And this work with these creative coalitions or unusual
supporters of a common bill or issue creates a context that can help
defender programs obtain more resources to address our workloads. That’s
the thinking of more and more defender leaders as shaped by the
teaching of national thinkers Mark Moore, Peter Loge and others. There
is wisdom in thinking strategically. As Robert Caro, a biographer of
Lyndon Johnson, said, “The nature of political genius is to find a way
when no way appears obvious.”
Working with others to help clients
is something we do naturally but usually with those that share our
philosophy and way of thinking. Working for clients with those that
think differently on many or most issues is too often not something we
do. But things are changing. Various defender leaders across the nation
are working with unusual supporters on a specific piece of legislation,
like felony expungement, or on particular issues from Fourth Amendment
to overcriminalization and decriminalization. As these situational
supporters learn more who we are, what we do and our value, they provide
improved context for our funding requests.
Unusual allies
Peter Loge in an article
Building Coalitions to Define and Win Issue Campaigns
said, “In a traditional coalition of allies, the answer is mostly found
at your office parties. In building third way coalitions, the answer is
generally found among those who you would never, ever invite to your
office parties. Instead of rounding up the usuals, round up the
un-unusual suspects.”Benefits of political work on public policy issues
Mark Moore urges defender leaders to see themselves as political leaders
and in that political role advocate a criminal justice public policy
agenda that will aid their funding advocacy, “One way to think about
this kind of advocacy is that it is directed at increasing the power and
authority of public defense systems instead of increasing their
funding. Note also that part of this work will be the same kind of
political work that is necessary to maintain a flow of appropriations:
namely, work with legislators and committees that do the legislative
work.” Mark H. Moore,
ALTERNATIVE STRATEGIES FOR PUBLIC DEFENDERS AND ASSIGNED COUNSEL
(April 2001).KY efforts to work with others Kentucky defender leaders
have been having conversations with various groups to enlist unusual
supporters to work on public policy initiatives that will reduce the
cost of corrections. Adoption of these measures would provide savings
that can be used for defender funding needs. The KY defender public
policy proposals, 10 ways to reduce waste in Kentucky's criminal
justice system are found at:
Advocate March 2014 Part 2
. The KY Chamber of Commerce has endorsed a number of these proposals
out of their interest in reducing the government costs for Corrections.
The July 2014 KY Chamber of Commerce’s The
Leaky Bucket: Where We Stand Five Years later includes a section calling for additional criminal justice reform that would reduce KY correctional costs and states:
Corrections
“Continue
full implementation of 2011 sentencing-reform legislation to control
the growth in corrections costs and carefully consider legislative
efforts to increase penalties that will result in higher corrections
cost. Continue this positive trend in more appropriate use of expensive
corrections resources with full implementation of 2014 juvenile justice
legislation. The General Assembly should also continue reviewing the
Kentucky Penal Code with the goal of creating more alternatives to
incarceration for low-level, non-violent crimes and focus on jail time
for more serious offenses. Potential areas for review recently
identified by the Kentucky Department of Public Advocacy include:
•
Alternative sentencing for flagrant non-support instead of imprisonment
for a felony
• Modification of the persistent felony offender statute•
Increasing the dollar amount for the felony theft limit• Presuming
parole for eligible low-risk offenders
• Adoption of a “clear and
convincing” standard for pretrial release
• Creation of a “gross
misdemeanor” classification for low-level felonies.”
DPA-NAPD Leadership
Workload
Institute At the National Association for Public Defense and the KY
Department of Public Advocacy Public Defense Workload and Leadership
Institute in Lexington, KY, I just listened to Ohio public defender Tim
Young, NAPD Chair, and Knoxville public defender Mark Stephens, NAPD
Vice-Chair, present The keys to developing a coherent, comprehensive
strategy. They talked about strategies to educate and enlist allies,
identifying resistance, implementing and adjusting a plan to advance
public defender interests. Their insights are profound and helps me to
set my sights higher on working with unusual allies.