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Public defenders lost to budget cuts

May 23, 2008

Public defenders, the lawyers appointed to represent the poorest Minnesotans in criminal court, have taken another budget cut this year. The Board of Public Defense will take a $1.5 million hit in the budget deal reached between the Legislature and Gov. Tim Pawlenty, a cut that will result in 98 fewer attorneys and a deficit of $4.7 million.


Public defenders are a constitutional right, particularly for those charged with a crime who cannot afford representation. During an arrest, the officer typically states, “You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you free of charge.”

But as numbers of public defenders shrink and their caseloads increase, how effective can that representation be? According to Barbara Jones at the Minnesota Lawyer blog, these budget cuts will reduce their full time staff by 14.5 percent. Public defenders are already stretched thin and working caseloads higher than 900, which is more than twice the limit set by the American Bar Association.

It’s not the first time the “No New Taxes” pledge has encroached on Minnesotans’ constitutional rights. In 2003, Republicans pushed for and Pawlenty signed a law that charged a fee to the poorest of the poor when they were appointed an attorney: $50 for a misdemeanor, $100 for a gross misdemeanor and $200 for a felony. The fee was instituted to make up for cuts to Minnesota’s public defenders.

The Minnesota Supreme Court found that fee structure to be an unconstitutional barrier to the right to representation.

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Yolanda Brown's picture

Concern Mom

Hello my name is Yolanda Brown, I have a son who lives in your city .I would like to know what type of people are work for the Police Department there. My son was taking his brother in law to the store, he was parked. He stated he noticed the Police car pull up behind him.He then stated The Officers in question turned their lights on, being parked he knew he had did nothing. Well the officers in question only one the drive got out the car and said step out the car he stated what’s wrong officer always letting him see his hands. The officer in question stated his car had dual pipes and nice wheels. The officer in question ask to see his drivers licenses and insurance.The officer in question star talk loud and trying to intimidate my son. My son (Damarco Fletcher)he began scared and ask a lady to come over and stand with him. The office in question stated to the lady everything is ok you can go as soon as the lady left the officer in question stated you don’t call no one over here you’re going to jail. My son stated he called the insurance company and found out his policy had ended. The officer is on video so you will see the display of actions he was doing to my son. My son became afraid and it was a group of people in the lot so he called out to them please come over here with me to see and make sure the officer in question won’t harm me.The officer in question stated he was disorderly and he was going to jail and towed his car. My son ask his name and badge number.He never received it. The officer in question said he stop ed him because of loud noise the car was making. He never received a ticket for that. 1. Ticket no insurance .2. Disorderly. What was the probable cause here. There was a display of prejudiced,intimidation. If he was that disorderly he was not handcuff until he got into the police station. He had a partner riding with him and at any display of disorderly conduct his partner who never left the car would have gotten out.My son made a complaint how the officer acted look at the tape on the squad car. Gentleman called and ask him a lot of questions about the incident. My son’s father my husband was on the Chicago police department for 26 years he knows the do and don’t‘s. He then had to go to court and the wrote him a ticket at court the officer, for no drivers license. I was told when you move their and you have drivers license they cut the bottom. This means you passed the test and are waiting for your license.They told him in court plead guilty for the Disorderly or they would suspend his license. What and how do the court allow things of this nature to happen. These are sworn in Peace makers who took an oath to serve and protect. This is an insult I am writing to you and have ask the Department Of Justice to look into this. Who will help the people if you don’t.

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