The Right to Counsel: Woman Becomes a Test Case

In truth, accused often believe they have a better chance than they really do. And when you tell them "you will be convicted" they often believe you are on the prosecution's side. That said, bad lawyering is bad lawyering regardless of cost.

http://tinyurl.com/yca2fdm

By WILLIAM GLABERSON
FORT EDWARD, N.Y.

ny times
SHE was poor and in trouble. He was the public defender appointed to represent her.

She was Kimberly Hurell-Harring, a nobody in the courts, a nursing home worker and a mother of two who had done something stupid. He was Patrick E. Barber, a lawyer with a silver stubble of a beard, paid by the county and state to help make the criminal justice system as fair to the poor as it is to the rich.

At his urging, she pleaded guilty and went to jail for a felony that turned out not to be a felony at all. "It seemed like he was on the D.A.'s side," she said later. He said recently that he had done what he could: "They had her dead to rights."Usually, such a minor case would go unnoticed; a little test of the constitutional right to a lawyer, results unknown. Instead it has made Mr. Barber an emblem of the problems of the state's ramshackle system of providing lawyers for indigent defendants. On Tuesday, New York's highest court is to consider a class-action suit, filed by civil liberties lawyers in Ms. Hurell-Harring's name, that seeks broad changes in the state's frayed network of public defenders, who are routinely unmonitored and often overwhelmed. Her case, now being pored over by some of the state's leading lawyers and judges, offers a window into the everyday corners of the legal system, where no one is usually watching.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

www.jmortonmusings.blogspot.com