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WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Wednesday, January 10, 2007

WHAT'S A PD WORTH?


From the pages of the NY Times opinion section on Monday January 8, 2007 ,

comes this startling analysis from Judge Morris Hoffman of the criminal bench in Denver, Colorado:

a PD is not as econometricly effective as a private attorney.
Put simply, a defendant in Denver gets a less severe sentence when he/she hires a private lawyer.

Before the emails in capital letters star flooding in , lets look at the study in depth:

Judge Morris- a criminal court judge, writes that he started with a strong bias in favor of the efficacy of public defenders. Morris, along with two economists from Emory University, reviewed all 5,224 felony criminal cases filed in Denver in 2002.

From the article:

Most other studies measure lawyer effectiveness through indicators like acquittal rates, but we used the one thing criminal defendants care about most: the amount of jail or prison time they receive. Thus, acquittals counted as zero. Probationary sentences likewise counted as zero, unless the probation was combined with some jail time.


We counted halfway-house sentences as 120 days, which is typical for Denver defendants. We counted the initial length of a prison sentence without decreasing it for early release or increasing it for parole violations. Life sentences we arbitrarily counted as 110 years.

My economist friends were able to use regression analyses to control for other variables (such as whether a case was plea bargained or went to trial), to minimize the chance that the differences we found were caused by factors other than effectiveness. They also used regressions with different combinations of variables, to ensure that our results were not sensitive to a particular variable.

The results were surprising. The average sentence for clients of public defenders was almost three years longer than the average for clients of private lawyers.
But our most notable finding was hidden in one of the variables we had controlled — the seriousness of the case. We had assumed that public defenders on average handled more serious cases than private lawyers, if for no other reason than that such cases carry higher bonds, and defendants who can’t make those bonds are often rendered indigent by their pretrial incarceration. The length of their clients’ sentences would of course be distorted by the fact that they handle more serious cases with longer potential sentences.

But when we removed the control for the seriousness of the crime, public defenders performed relatively worse, not better (five years more incarceration versus three years more).

The study also recognized that indigency is not a binary system: meaning it is not correct to say someone is either indigent or not indigent. The study recognized that defendants make rational economic choices when deciding to accept a designation of indigency- and a public defender, or to raise funds and hire a private attorney.

Again from the article:

Imagine a guilty, marginally indigent defendant facing a relatively minor felony (for which he will most likely get probation). Now add to the mix the fact that his crime was captured on videotape, meaning he has a small chance of avoiding conviction. It is unlikely such a defendant would deplete his and his family’s and friends’ resources to hire a private lawyer when he could get a free public defender to achieve the same result.
At the other end of the spectrum, imagine a marginally indigent defendant charged with first degree murder, and imagine that he is innocent. Wouldn’t that defendant do everything in his power to marshal the resources to hire a private lawyer, if he believed, rightly or wrongly, that the private lawyer were more likely to achieve an acquittal?
In other words, marginally indigent defendants who choose public defenders tend to be guilty. And of course if that’s true, it’s not at all surprising that public defenders would achieve less favorable outcomes.

Rumpole theorizes that there are more variables then the study takes into account, but the study is a good start. The variables that would tend to support the findings of the study are that the Public Defenders tend to be more inexperienced and have more cases than a Private Attorney, a combination that would support the findings.

But on the other hand, could there be a systemic bias against an indigent defendant? Sensing a weakness, do prosecutors unintentionally make stiffer plea offers to PD’s? Are fees for the “unwinable” cases so exorbitant that those cases tend to stay with the PD’s? The author’s statement that indigent defendants who choose to stay with the PD tend to be guilty creates a bias in the analysis. Therefore, this bias needs to be accounted for before a true econometric statement can be made that PD’s are less effective than Private attorneys.

OK-have at it.

66 comments:

Rumpole said...

If nothing else, this Bennett Brummer bruhaha is unseemly. Dirty laundry being aired in public and all that.

Anonymous said...

I'd say the study is highly inaccurate, and probably invalid, based on the absence of two very important sentencing factors. Due to lack of information, the authors were forced to ignore the defendant's criminal history and custody status.

Anonymous said...

rumpole-
it is indeed unseemly- insanity really. brummer needs to step down and koch needs to fly away on a magic carpet....

Anonymous said...

Batman says:

The examination of Mr Brummer and his office is long overdue. It is unfortunate that it must be done in public, but the question is where else could it be done? Mr. Brummer is an elected official that for far too long has been undeservedly revered and coddled.

The truth be known, behind that soft voice is a detached administrator hiding behind his falacious claim of greater moral standards. He has been a coward of the enth degree for years. He orders others to be his hatchet man and then portrays himself as the voice of reason. He is the Godfather of the Justice Building Wars between the PD's the ASA's and the judges. He just sits back and watches the caos with glee.

Even when his minions are wrong he supports them because he understands that the battle and the disruption serves a purpose for him. He rewards bad behaviour and questions the sincerity of those who operate in a professional manner.

It is unfortunate that the only candidate to run against him was Gabe Martin. Forgetting all else, he never had a hope. It is time for a new PD, but we will have to wait another two years for that. Hopefully it will not be someone raised and nutured in the bosom of the great Pubic Pretender and will bring real change to that office.

Anonymous said...

I say hook Art up to a polygraph. This seems is to fantastic of an allegation.. Is Brummer evil? If Art is telling the truth, this guy really needs to be locked up.

Rumpole said...

I have a bone to pick with the Herald. I know they employ headline writers, so this is probably not the fault of our favourtie local scribe, BUT CHAVEZ IS NOT APPEALING. THIS IS NOT AN APPEAL. IT IS A POST CONVICTION EVIDENTIARY HEARING.

Why does this bother me so much? Because thousands of Miamians are reading the Herald saying "why should he be aloowed so many appeals?" If you polled the public, they would probably agree with a law not allowing anyone to appeal without permission. The headline feeds into the media created monster that the criminal justice system allows endless trials and appeals until some lawyer finds a name misspelled and then the killer is let free.

The Headline should have been something like "Chavez seeks new trial: Says Public Defender bowed to election pressure."

Anyway, that's my opinion. This Brummer thing is puzzling. Art Koch, experienced lawyer, would not expect him to lie. Same for Stephen Harper and Edith Georgi- and yet someone has their fingers crossed apparently.

Anonymous said...

BENNETT BRUMMER BRUHAHA??? IS THAT TOMORROW'S POST??

Anonymous said...

Interesting swearing match between Koch and Edith. Two liars with an ax to grind.

Anonymous said...

"Indigent defendants who choose to stay with the PD tend to be guilty"

I don't think this represents a bias to the study. As pointed out in the article, indigency is not binary. Human nature will lead innocents toward a tendency to fight harder...and spend more money on their defense. Those with plausible arguments of innocence will find it much easier to raise money from family and friends.

The result is that the innocent will have a stronger willingness and ability to fight charges.

Anonymous said...

It seems that now is the time for Rod Vereen to make his run.

Anonymous said...

I agree with 11:37. And I would also point out that, in my own personal opinion as an ASA, the PDs in Miami are the best lawyers hands down. Kill someone? Pray for Pete Ferrero or Steve Kramer. Burglarize a house? Your average C PD is better than much of the private bar. Sorry, but have no desire to close my eyes and become "the Q," no less hire him.

Anonymous said...

miami pd's are stellar advocates for the most part. i must admit we have slipped a bit with all the bullshit and this issue with Koch,...what drama. as for vereen- you must be out your mind. he makes real $$. plus, it is a thankless job. brummer will pull out of this just fine..

Anonymous said...

Rump,

You're right, I don't write the headlines. I wouldn't be very good at it. It's a very difficult art, to boil my 500 or 1,000 words of copy down to just a few choice words. I'm afraid your proposed headline probably wouldn't fit either, actually.

But I think you may be getting a little bit hypertechnical, at the expense of understanding the public's frustration with "endless appeals."

While the public may not generally understand the difference between an appeal and a motion for post-conviction relief, they do understand that both, in the end, do the very minimum of delaying a sentence and could result in a new trial all together. Keep in mind, the public, as much as they say they don't trust lawyers, actually tends to trust you all a great deal to have already achieved justice in cases like this. So the delays, whether they're called appeals or motions for post conviction relief, tend to frustrate a public looking for swift justice.

I'm all for the careful use of language, but I think blaming the misnaming of a hearing on the public's perception that criminals get repeated bites of the apple misses the point entirely.

I also wonder if the public's appetite for swift justice is a more important issue. But that's for another post, which might include some of the death cases (also featured in the media I might note) overturned with DNA evidence.

cheers,
Susannah Nesmith
Miami Herald
(wearing pink pants today, for those who care about that)

Anonymous said...

You get what you pay for...

And I am wearing blue pants today, white underwear and blue socks...

Anonymous said...

PDO hires hotter APDs than SAO hires ASAs.

point PDO.

Anonymous said...

hot APDs? where can i find them?

Anonymous said...

courtrooms, 2-11; 5-1; 5-2; 5-7; 6-6; 6-8; 4-9; 4-10

they may all not be in one place at one time but the quality is much better than the sao.

gotta get em whilst they still be young.

Anonymous said...

pig

Anonymous said...

I did enjoy my view of Nesmith's pink slacks + tush today. Thank you, Herald.

Anonymous said...

To quote the great Dazed and Confused -- That's what I like about these ASA and APDs: "I keep getting older; they stay the same age."

Don't worry if you miss this year's class of PDs or ASAs, next years will bring more.

Thank God for the miserable moral at the SAO and PDs office, otherwise the fresh faces would be few and far between. We should all send Don Horn a big thank you for his superior mismanagement.

Anonymous said...

i disagree. one of the hot young PDs is always smiling in court. morale cant be that bad. now if only i could find out if she is single.

Anonymous said...

The A.S.A.`s have always been hotter than the PD’s. PD girls tend to be compassionate.

Anonymous said...

I was just wondering--were Mike Levin and Leslie Rothenberg in the Israeli Army at the same time and, if so, did they know each other then?

Anonymous said...

If you are gay and like guys, then the SAO hires better looking guys....

Now, is that not a stupid conversation?

Can we stop discussing who is hot!

Anonymous said...

bottom line is, and i would put money on this, any law grad who goes to work for the PD or SAO, and actually puts forth the effort to learn, and stays 4 or 5 years will be light years ahead of 90% of criminal attorneys in the SE United States.

Anonymous said...

Ms Nesmith said:


I'm all for the careful use of language, but I think blaming the misnaming of a hearing on the public's perception that criminals get repeated bites of the apple misses the point entirely.


I don't think that Rump was blaming the naming of the hearing on the public's perception, so much as blaming the public's perception (at least in part) on headlines written out of ignorance.

I'm a little concerned that a courthouse reporter doesn't get that.

Anonymous said...

i tend to agree with what 6:14 said about pd's and asa's. when i was with one of those offices, i went to many training and conferences statewide, and one out of state.

each time, the miami attorneys (pd and asa) received the most compliments by instructors and other attorneys.

we may have differences, but most of us, after a stint in one of the two offices, has the potential to be outstanding attorneys.

Anonymous said...

Best looking ASAs of all time:
1. Lara Reiss
2. Flora Seff
3. Kathleen Phang


Bet you could come up with a better list of Biggest Bitch ASAs:
1. Josh Gradinger
2. Josh Gradinger
3. blah blah blah

Anonymous said...

how about coolest or best looking PD (or recently former) PD guys.

us ladies want to chime in!

Anonymous said...

what gets under my skin is that Mr. dumb ass PD is in a pissing match with BB over a guy that murdered this little boy.

Its not like he did not do it, heck they found his backpack in the trailer he was living in and guided the police to the cement flower pots containing this boys remains.

It just makes me sick to have to learn that this lawyer is pointing fingers at BB weather true or false the GUY Killed this little boy there is no DNA required the evidence was there.

Now Jimmy's poor mother has to endure more bull crap from a dipshit lawyer who is pissed at his former boss. Please someone just smack this ASS in the face and take the probation for assault.

This is why innocent people end up in jail because we give all this extra legal assistance to people who are clearly guilty. HE LED POLICE TO THE BOYS BODY!!

Flick the fuckin switch and fry his ass!!

Anonymous said...

One thing is for certain regarding this whole Koch v. Brummer issue.
Brummer definitely does not like the publicity that representing
someone like Chavez brings to the
office. Knowing his reputation, I was surprised he kept the case in the firsr place.

How many high profile violent,
nasty cases does Brummer keep in house?

Very few and the ones he keeps - like the Lithuanian kid who killed the monk or the juvenile kid in the
Orlando 5 - have obvious mitigation built in to their cases (allegations of rape by the monks or being the youthful follower).

Bottom line is this has been Brummer's MO for years - stay out of the news, keep a low profile and
no one will challenge him for office.

As for the study regarding public
defenders v. private attorneys, I
would include the conduct of the judges as a variable. I wouldn't
be surprised to learn that judges
effect the private bars ability to get better deals for than PD's.

For one Judges definitely accommodate private attorneys more
in regards to scheduling or should I say non-scheduling of trials.

Another reason is that Judges have often known the private attorneys
longer and are better friends with them.

Anyway I think that would be something to look at as well.

Keep it real.

Anonymous said...

how about coolest or best looking PD (or recently former) PD guys.

us ladies want to chime in!

Anonymous said...

To 6:30,

Actually, I did understand quite clearly that Rumpole thought a headline that was inaccurate contributes to the fact that the public thinks criminals get too many second chaces.

My contention was he is wrong. It was a pretty simple contention actually.

Let me see if I can try to explain myself better:
Calling a motion for postconviction relief an appeal does not change the fact that it is what the public views as yet another second chance for a convicted killer. So, while I would like for every word you read in our paper to be absolutely accurate, at all times, I don't think this inaccuracy contributed one iota to the problem Rumpole complained of.

The public wants swift justice and doesn't get it because of the many ways death row inmates can and do try to get their convictions and sentences overturned, and the time that takes. That's not the media's fault.

Is that clearer?

Susannah Nesmith
Miami Herald
(who's sorry she bothered to wade into this one. that'll teach me)

Anonymous said...

Biggest Bitch ASA's Bitch: Jonathan Granoff

Rumpole said...

Sorry to post so late. That happens when a client keeps buying you drinks to celebrate a NG.

Anyway, Ms. Nesmith wrote in part:
Calling a motion for postconviction relief an appeal does not change the fact that it is what the public views as yet another second chance for a convicted killer

Rumpole replies, the Herald does not have to call it a motion for postconviction relief in the headline. The headline could read: Chavez asks for new trial.

The opening paragraph could read:

His appeal denied, Chavez filed a last resort motion claiming the assistant public defenders assigned to his case were told by their boss- Public Defender Bennett Brummer - not to vigorously defend the case as Brummer was facing a contested election during the time his office handled the case.

My point is- as attorneys we all hear from our client's families that they will win on appeal. Why? The media- not just the Herald, plays up every appellate reversal which leads to the perception the 3rd DCA is just sitting there waiting to let murderers go free because the clerk substituted a coma for a period on a document.

How many times has the local section led with: Conviction Affirmed in murder case? Was there a headline when Chavez lost his appeal?

I understand that "if it bleeds it leads" but I am just calling for more precise language in reporting on criminal cases.

One last point- is it true that newspapers adopted a rule to label all not guilty verdicts to read "was found innocent" because in the days of stringers and teletype there was a fear the "not" would be left out of the sentence "not guilty."??

did I mention the innocent verdict?

Rumpole said...

PS> For what its worth, if a defendant made a blind choice of lawyers- that is if he put all private attorneys in one hat and all pds in another hat, In Miami, I would guess he would have much better chances of picking a very good lawyer out of the PD hat, and a much much greater chance of picking a completely incompetent lawyer out of the private defense attorney hat. My opinion- based on 20+ (you didn't think I would give a clue and narrow my time here down did you?) years of watching both types of lawyers work.

Anonymous said...

Rumpole out of town...RICK FREEDMAN OUT OF TOWN...hmmm??!!!!!

Anonymous said...

Ms Nesmith,

With all due respect, ANY and ALL errors in the media contribute to the misconceptions of the public.

I agree with Rumpole on this, and would simply add that it's a slippery slope...you may be correct that this particular error doesn't contibute an "iota" to the public's attitudes (especially considering this defendant); the problem is how many other small errors did it take to create those attitudes? And I would hazard to say that whoever was at fault in those situations thought, as you do, that the small error was of no consequence. Misinformation is more evolutionary in its effect than revolutionary. It all adds up.

Anonymous said...

It's surprising that a reporter doesn't seem to care much if the reporting is altogether accurate. To call this an appeal is just wrong. It would be like calling the Herald a tabloid. Oh wait....

Rumpole said...

Misinformation is more evolutionary in its effect than revolutionary. It all adds up.


Boy I wish I had thought of that. What a perfect way to put it.

Anonymous said...

Rick Freedman. Shares space with Lurvey, Lyons, Shuminer. Quite a little cozy nest-o-Rumpoles, if you ask me. This blog seems to require more than one man can do.

Anonymous said...

art koch is a lying asshole. i am no fan of BHB, but what he says BHB did is false because bhb is so totally out to lunch and has no idea whats going on.

now if he alleged the danish eater stein did this, one might have to wonder

Anonymous said...

Funny thing. We get a reporter who cares about what we do and wants to do a good job assigned to the courthouse. She talks to us freely and is willing to engage us on a blog where anonymous folks take swipes at virtually everyone. And some of you morons jump on her case every chance you get. Pathetic.

Anonymous said...

nastiest people in PDO

joyce brenner
ray tasseff

Anonymous said...

how about coolest or best looking PD (or recently former) PD guys.

us ladies want to chime in!

Anonymous said...

SPD

1. Mattsun Marcellus
2. Steve Levine
3. Scott Pettus

FPD

1. Jan Smith
2. John Wylie
3. Tony Natalie

Anonymous said...

Girl please. What kind of crack you smokin'? The only good looking PD in the whole building is Warren Swartz. His eyes and Davitoesk looks seal the deal.

Really. Come on. The only thing that makes any of the PDs even remotely attractive is the fact that they hang around drinking with women who soon become ... shall we say ... "influenced" by their charm. Most single PD guys could never get laid without that "help."

SAOs on the other hand -- now those are a bunch of guys who are not afraid to stick around at the end of the night when the lights are turning on in the bar.

Rumpole said...

For once I have absolutely no opinion about this discussion; no dog in this fight.

Rumpole said...

TOMORROW: BENNETT BRUMMER BROUHAHA.

ONLY ON THE BLOG.

Anonymous said...

Zees Ricky Freedman...heez is out of town, oui?

Zees Rumpole, verry mysterious character...heees is out of town, oui?

I shall take the case.

Anonymous said...

Uhh, I believe you mean "Davitoesque?" And leave Warren alone!

Anonymous said...

who are the most eligible guys and gals at the REG under 40?

Anonymous said...

That C prosecutor in Perez.

Anonymous said...

in perez, chris the asa or the pd?

Anonymous said...

Susanna, any chance we can see a pic of you in the pink pants?

URL please.

Anonymous said...

Rump,
The Denver study has No validity. It says that it did NOT count NGs nor probation pleas w/out jail time. How can you say PAs do better then PDs if NGs, PTI & Probation isnt counted. Also only 5,200 cases? Come on Dade's PD does that in 2 months
D. Sisselman
ps : why aren't I one of the top 3 sexiest PDs?

Anonymous said...

Have you all not seen that Nesmith is full of BS. She is dumber than Brummer. Wait, is that even possible. Well, at least blood related. She should write for the Star and cover Aliens or something. Wait, that may be too much for her. Hey Nesmith, where do you live and hang? I would love to know who the hell feeds you so much incorrect information. No wonder so many people think The Herald sucks.

Enough. Nesmith, you truly and surely suck the big one. Your mother and father must be proud. By the way, I heard you are not married. Frankly, I am not surprised. Bye...

Anonymous said...

ohhhh, I bet YOUR mother and father are MUCH MUCH prouder!

Anonymous said...

Does Nesmith have a man? Please report? I am interested in knowing who can be dating this lovely reporter and stretcher of the truth. What say you Miss Nesmith? Who be the man?

Anonymous said...

pdo has some hotties margot moss for one.

Anonymous said...

I heard Nesmith is a lesbian. (I am not against them at all.) Any comments? Soon, she may join Rossie on The View!

Anonymous said...

Nesmith is married to Don Russo's cousin.

Anonymous said...

Yeah, and I'm married to Barbie!

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