Law Offices in Need of Attorneys in Tn by snj62624


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									                                                   ORIGINS OF THE
                                                   COMMUNITY LAW
                                                   Mark E. Stephens
                                                   Public Defender
                                                   Knoxville, Tennessee

1101 Liberty Street | Knoxville, TN | 37919 | (865) 594-6120 |
                                      GEOGRAPHICAL CONTEXT

Total population of 5.4 million people
    Total population of 5.4 million people

83% of State’s population is white
   83% of State’s population is white

    41,220 square miles
41,220 square miles
    Three honored grand divisions: east, middle, and west
Three grand divisions: east, middle, west
   Four major metropolitan areas: Memphis, Nashville,
   Knoxville, and Chattanooga
Four major metropolitan areas: Memphis, Nashville, Knoxville
and Chattanooga

1987 – Public Defender Pilot Program

Two-year program

Created eight “pilot program offices” across the state

1989 – the District Public Defenders Conference was created

Statewide system of elected public defenders from each Judicial
District and the central administrative office of the Executive
Director – Knox County opted out

The public defenders of Shelby and Davidson Counties were
added to the Conference in 1992

Public Defenders Conference make-up

   31 locally-elected district public defenders

   284 assistant public defenders

   78 criminal investigators

   128 administrative personnel

District Public Defender Conference budget approximately

Statutory Authority

[T.C.A. § 8-14-201] Charged with the responsibility of
representing indigent persons for whom they have been
appointed as counsel by the court:

    In any criminal prosecution or juvenile delinquency proceeding
   involving a possible deprivation of liberty; or,

    in any habeas corpus or other post-conviction proceeding.

Responsibility includes handling appeals
                                         KNOX COUNTY
                              PUBLIC DEFENDERS OFFICE

Original Knox County Public Defenders Office staff consisted of

   7 attorneys

   3 support staff

   1 investigator
                                          KNOX COUNTY
                               PUBLIC DEFENDERS OFFICE

Knox County Public Defender was elected the first week of
August 1990

Appointed to represent a client facing the death penalty the
following week
                              CASELOAD ISSUES

By November 1991, the Knox County Public Defenders Office
had over 12,000 pending cases

Filed a petition with the Sessions and Criminal Courts to close
the office

Refused to accept new appointments
                             CASELOAD ISSUES

En banc hearing received national media attention; New York
Times and CNN covered the closing of the Knox County Public
Defenders Office

Some 1,500 practicing attorneys in Knox County all became
eligible to receive appointments

Knoxville’s Mayor, Congressman and legislators were added to
the roster to receive appointments
                             CASELOAD ISSUES

1992 legislative session – Public Defender Reform Bill passed

Some 45 new assistant public defender positions were created
for the statewide system

Locally, Knox County Public Defender staff was doubled

As part of the Public Defender Reform Initiative, certain local
funding provisions were created

   75% provision [T.C.A. § 16-2-518]

   $12.50 funds [T.C.A. § 40-14-210]

   Local litigation tax [private act]

Knox County Public Defender’s Budget Summary
Fiscal Year 2007

 State funding……………………………….$2,390,343.00
 75% provision………………………………$1,220,502.00
 $12.50 funds………………………………….$220,000.00
 Local litigation tax……………………………...$42,000.00
 Total funding………………………………..$3,872,845.00

Fiscal Year 2007

   Opened cases        13,259
   Opened charges      25,100

   About 663 cases per attorney

   Approximately $292 per case
                                HOLISTIC REPRESENTATION
                                    BIRTH OF AN INITIATIVE

1994 – introduced to Lennie Noisette, head of the Neighborhood
Defender Services of Harlem – formed idea in head

Later, saw Neighborhood Defender Services office; not as expected

Personal experience – purse snatcher

1999 begins the Executive Session in Public Defense at Harvard

Begins to crystallize the vision of creating a social service based
community law office inside the Knox County Public Defenders Office
                                          BIRTH OF AN INITIATIVE
                                         CREATING A CORE TEAM

Created a Core Team and began developing the concept

   Core Team consisted of

      Legal Staff Member

      Social Services Program Director

      Special Projects Coordinator

      Professor, University of Tennessee College of Social Work
                                       BIRTH OF AN INITIATIVE
                                 CORE TEAM RESPONSIBILITIES

Each member had an individualized role

   Legal Staff Manager – protect against any modification in the delivery of
   services that might compromise the provision of quality, zealous legal

   Social Service Program Director – develop the social service component
   around the new representation model

   Special Projects Coordinator – maintaining the financial reality; maintaining
   fiscal responsibility in the development of any “new” model

   Prof. UT College of Social Work – developing an evaluation component to
   the organizational strategy
                           BIRTH OF AN INITIATIVE

Core Team embarked on a six-month process of designing and
writing a concept paper and an organizational strategy paper

See website at

Begin developing a marketing strategy
                                    HOLISTIC REPRESENTATION
                                    A DEEPER UNDERSTANDING

Our clients live in a constant state of crisis. Their lives are fragmented;
they live in the moment.

Both the criminal justice system and the social services network exist as
fragmented systems.

Continuously shifting crises often lead the poor to deprioritize their
criminal charges.

Majority of clients have drug, alcohol, and/or mental health problems.

Majority of clients lack the education, vocational and/or social skills
necessary to be self sufficient.
                            HOLISTIC REPRESENTATION
                        ATTORNEY/CLIENT RELATIONSHIP

The attorney/client relationship is a fundamentally different

   The advocate serves as protector and advisor against an adversary

   The advocate honors, understands and affords the client dignity

   The nature of the relationship is one based on trust

The attorney/client relationship presents an opportunity for the
lawyer to serve as an agent of change
                              HOLISTIC REPRESENTATION

Addressing a client’s unique needs - beyond the legal
accusation – while at the same time providing ethical,
professional, zealous representation are not competing
obligations, but rather a marriage of moral imperatives.
                                        COMMUNITY LAW OFFICE

The Community Law Office implements a holistic representation
model that

   Addresses the client’s legal needs

   More fully utilizes the attorney/client relationship to allow the office
   to serve as an agent of change

   Facilitates client empowerment through the development and
   implementation of a “life plan”
                                  COMMUNITY LAW OFFICE
                              BUILDING POLITICAL SUPPORT

Core Team members engage Knox County Executive in conversation
about the criminal justice system and ideas for new practices

County Executive connects team with his public relations liaison

Public relations liaison likes the concept; she becomes “lobbyist” and
pushes to include team in lunches, programs and committee meetings
with local community agencies

Public relations liaison pushes County Executive to host a luncheon
with the Core Team and local social service agencies to introduce the
Community Law Office concept

County Executive asks for participants’ cooperation
                          COMMUNITY LAW OFFICE

Core Team schedules individual meetings as follow-up to
County Executive luncheon with community social service
agencies to assess support of partnership potential

Uses conversations to inoculate potential partners against fear
of competition
                       COMMUNITY LAW OFFICE

“All hands on deck” staff meeting to discuss concept paper and
build internal support

Anticipate and plan for resistance to resource allocation toward
social services

Present concept and organizational strategy to staff and commit
to an exit strategy if the project is unsuccessful

Complete “buy-in” across the board by Public Defender staff
                                 COMMUNITY LAW OFFICE
                               MANAGING MISINFORMATION

Problems with the judiciary

Judges see program as a probation alternative

To clarify intent and potential of the program, the Core Team
hosts a luncheon with the bench to explain the concept

   Proposal: We will work with you but not report back on client
   progress; we will help you to help our clients
                                 COMMUNITY LAW OFFICE
                             PREEMPTIVE CONVERSATIONS

Initiate conversations with the District Attorney to introduce
Community Law Office initiative – clarify purpose and explain

Outline plan and conversations with District Attorney

   DA sees a political opportunity; a concept he wants to take credit for
   - runs with the Community Law Office idea

   DA builds support in his public speaking campaign for core
                                   COMMUNITY LAW OFFICE
                                        FACILITY AS BASE

Core Team agreed the Public Defender facility precluded full
implementation of concept; decision is made to relocate

Maximizing value of new facility
   Gang-neutral site
   Community room

Engage County Executive to fully discuss options

Convince the County that the Community Law Office is a viable
financial partner
                                    COMMUNITY LAW OFFICE
                                            NEW FACILITY

New Facility

               1101 Liberty Street, Knoxville, TN 37919
                          COMMUNITY LAW OFFICE
                       ORGANIZATIONAL STRUCTURE

Provide legal representation

Provide social services
  Client assessments
  Therapeutic Interventions
  Sentencing advocacy
  Community linkage and education
  Business ventures
                                  COMMUNITY LAW OFFICE
                                           LEGAL STAFF

Elected Public Defender                 1
Assistant Public Defenders              20
Special Project Coordinator             1
Investigators                           4
Administrative Support                  13 (2 part-time)
Information Technologies                3 (1 part-time)
Juvenile Support                        2 (1 part-time)
Law Clerks                              3
Building Maintenance Manager            1
School Externs (College of Law)         4
                                 COMMUNITY LAW OFFICE
                                 SOCIAL SERVICES STAFF

Social Services Director (PhD, LCSW)                1

Masters Level Forensic Social Workers (MSSW)        3
   Adult Services (2)
   Juvenile Services (1)

Student Externs (MSSW – Clinical Concentration)     3

Senior Student (BSSW Program)                       1

Administrative Assistant/Drivers License Coordinator 1
                                            SOCIAL SERVICES
                                   PARTICIPATION / REFERRALS

All client participation is purely voluntary

Referrals to the Social Services program come from multiple sources

    Staff attorneys
    Private attorneys
    Mental health centers
    District Attorney

Clients include both adults and juveniles, with and without legal
                                      SOCIAL SERVICES
                              INTERVENTION OBJECTIVES

Psychosocial assessment of client, family and community needs
Crisis intervention to stabilize clients and families
Supportive counseling designed to increase self sufficiency
while removing barriers to community integration
Linkage to community resources that enhance client functioning
Family treatment to preserve families and address dysfunction
Community education and advocacy
Prevention of recidivism as well as deterring children or other
family members from engaging in delinquency or criminal activity
                                           SOCIAL SERVICES

Assessment of client’s physical needs, including housing, food,
transportation and clothing
Assessment of client’s need for alcohol and/or drug treatment
Assessment of client’s mental and behavioral health needs
Job counseling and placement
Housing placement assistance
Family activities
Life skills classes, including budgeting and parenting
Literacy classes
                                        SOCIAL SERVICES
                               ASSESSMENT / LIFE PLANNING

The CLO’s Social Service component is dedicated to working directly
with the client to design a life skills plan of action.

This plan offers clients the opportunity to address individual needs and
utilize their skills and talents to generate personal and community value.

Rather than dictating a direction for the future, Social Services
empowers the client to play an active role in defining and pursuing his
or her own goals.
              SOCIAL SERVICES


                      699 Clients
                 SOCIAL SERVICES


                         699 Clients


                699 Clients
           Average Age: 39
                                              SOCIAL SERVICES
                                             LESSONS LEARNED

Strong, enduring client relationships are critical

Not sufficient to deal with clients’ problems in isolation

Assistance must be ongoing and continuous, leading the client
through the life skills plan one step at a time for as long as the
client desires assistance

Clients’ action plan is comprehensive, but must be broken into
small, realistic steps, allowing for a feeling of accomplishment as
each step is implemented
                                                 SOCIAL SERVICES

To reduce recidivism

To empower individuals and families to move toward maximum self
sufficiency as contributing members of the community

To identify appropriate sentencing options that serve both the client and

To prevent crime and juvenile delinquency

To provide community education about social services and criminal

To demonstrate an innovative, effective model of holistic representation
                                            SOCIAL SERVICES
                                          OUTCOMES SOUGHT

Assist clients to become more productive citizens

Keep families together and preventing child delinquency

Promote effective utilization of community resources

Reduce community costs of crime and corrections

Increase efficiency of the criminal justice system
                                          SOCIAL SERVICES

Delinquency Prevention & Early Intervention

   Communication Through Art

   Education Through Experience

   The Magic of Opera

   Recreational Activities

   Therapeutic Intervention
                                         SOCIAL SERVICES

Reintegration & Recidivism Prevention

   Intensive Case Management
   Linkage to Community Resources
   Therapeutic Intervention
   Project Homeless Connect
   Veterans’ Stand-Down
   AA/NA Groups (Projected)
   Anger Management Groups (Projected)
   Business Ventures (Projected)
                                                SOCIAL SERVICES

Sentencing Advocacy

   Adult & Juvenile Alternatives to Incarceration

   Attorney Consultation

   Research on Best Practices
                                              SOCIAL SERVICES

Community Education and Participation

   Workshops (Ethics & Motivational Interviewing)

   Student Internships (UTCSW – UT Law)

   Community Presentations by Staff
                                               SOCIAL SERVICES
                                       DELINQUENCY PREVENTION

Communication Through Art

 Introduces youth ages 11 – 19 to
 art as an outlet and means of
 self-expression. Participants are
 exposed to a variety of art forms
 through workshops, artist
 lectures and performances with
 strong emphasis on participation
 and hands-on experience.
 Subjects include origami,
 creative writing, poetry, painting,
 sculpture and music.
                                             SOCIAL SERVICES
                                     DELINQUENCY PREVENTION

Education Through Experience

A life skills curriculum that
explores ways of dealing with
everyday problems, managing
crisis, and achieving success.
Topics include banking,
budgeting, career development,
resumes, consumer counseling,
nutrition, housing, pregnancy,
sexually-transmitted diseases,
and parenting. Formats include
lectures, group discussions, role-
playing, and community tours.
                                    SOCIAL SERVICES
                            DELINQUENCY PREVENTION

The Magic of Opera

A hands-on introduction
to opera. In addition to
watching a live
performance of “The
Magic Flute,” students
create their own
miniature sets, design
their own costumes,
write a continuation of
the story of the opera,
and participate in acting
                                   SOCIAL SERVICES
                           DELINQUENCY PREVENTION

Summer at the CLO

A program promoting
fine arts and recreation
for 3rd through 8th
graders. Activities
include local music,
dance and theatre
performances as well as
opportunities for hands-
on arts and crafts.
Basketball, soccer, flag
football, volleyball and
kickball add to the fun.
                                      SOCIAL SERVICES
                              DELINQUENCY PREVENTION

Recreational Activities

Offering an outlet for
physical activity and the
structured use of free
time. Conducted at the
CLO facility during hours
when school is not in
session. Activities include
basketball, soccer, and
                                    SOCIAL SERVICES
                            DELINQUENCY PREVENTION

Since program
inception, the CLO has
attracted over seventy-
five volunteers from all
walks of life, including
local artists, attorneys,
police officers, school
teachers, bankers,
photographers, and
college and high
school students.
                              SOCIAL SERVICES

Project Homeless Connect

   Served 264 clients

   Criminal matters resolved for 211 clients

   Over $1,000,000 in court costs
   and unpaid fines were relieved
                                       SOCIAL SERVICES
                       SALARIES / OPERATIONAL EXPENSES

Salaries & benefits                                   $227,253
    Social Services Director (part-time)    $49,108
    Administrative Support (part-time)      $36,368
    Social Worker #1                        $53,843
    Social Worker #2                        $42,930
    Social Worker #3                        $45,004
Operating expenses                                    $86,600
    Rent (pro-rata share)                   $61,222
    Building maintenance (pro-rata share)   $17,353
    Phone (pro-rata share)                  $3,025
    Supplies                                $3,500
    Travel & training                       $1,000
    Dues & memberships                      $500
Total salaries / operational expenses                 $313,853
                                     SOCIAL SERVICES
                        GRANTS / STATE CONTRIBUTIONS

Grants obtained                                $69,500
   East Tennessee Foundation / Art   $ 750
   East Tennessee Foundation / ETE   $ 3,750
   Knox County Block Grant           $35,000
   TCCY                              $30,000

State contribution to payroll                  $28,802

Total grants / state contributions             $98,302
                                SOCIAL SERVICES
                                 COST TO OFFICE

Total Expenses      $313,853

Total Income        $98,302

Total Cost to Office $215,551
                                              SOCIAL SERVICES

Funders require empirically-based evidence documenting the “success”
of the program

A database is necessary

   Client demographics
   Referral sources
   Treatment requested / provided
   Actions taken by Social Services
   Case journal
   Recidivism data
   Grant-specific data
   Other “success” data
                               HOLISTIC REPRESENTATION

Office must be “about the client”

Plenty of reasons why it
won’t work in Michigan

Plenty of reasons why it
wouldn’t work in
Knoxville, TN

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