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					                                          “
                                              The mission of the San Francisco Public Defender’s office
                                          is to protect and defend the rights of our indigent clients
                                                 through effective, vigorous, compassionate,
                                                         and creative legal advocacy.”




Cover Photo Courtesy of: Robert Gumpert
                                                                            Message from the Public Defender




A   s Public Defender for the City and County of               Fourth, we have worked with other criminal justice
San Francisco, it is my great honor to share with you          agencies to improve the criminal and juvenile justice
the highlights of the of fice’s achievements during 2003.      system. Earlier this year, we worked with the Trial Courts,
Now in our 82nd year, the of fice has established itself as    the District Attorney, and other criminal justice agencies
a national leader in providing the highest quality legal       to create the City’s first consolidated Drug Court. Now,
representation. In addition, we have implemented various       a single judge rules on cases that were previously spread
support programs to help clients avoid re-entering the         between Drug Court and Educational Court, as well as
criminal and juvenile justice systems in the future.           those cases eligible for Proposition 36. We have also
                                                               helped to establish the City’s first Behavioral Health Court,
I'm very proud of the accomplishments of the past
                                                               which provides specialized services to clients suf fering
year. First and foremost, the of fice serves the public by
                                                               from mental illness. Along with the Mayor’s Of fice, the
ensuring that the sacred promise of "liberty and justice for
                                                               Controller’s City Projects team and the Bar Association of
all" extends to everyone, and not just to those who can
                                                               San Francisco, we have spearheaded key changes to the
af ford to hire a private lawyer. Last year we represented
                                                               Conflicts Panel, which will bring greater accountability to
23,000 people in misdemeanor, felony, juvenile, and
                                                               the process of appointing attorneys for clients when the
mental health proceedings. Each case requires the caring
                                                               Public Defender cannot represent them due to conflicts
and individualized attention of a well-trained, prepared
                                                               of interest. These measures will also save the City nearly
and ef fective attorney who is dedicated to working on the
                                                               $1 million each year.
client’s behalf. Each case must be carefully investigated
and researched. If the case proceeds to trial, the attorney    Finally, we have increased public awareness of issues
must be thoroughly prepared to defend the case.                af fecting criminal and juvenile justice. Through our Equal
                                                               Justice Campaign and Speaker’s Bureau, we continue
Second, we provide our attorneys and staf f with the best
                                                               to educate the larger Bay Area community about the
professional development and training. Through our train-
                                                               workings of the courts and criminal and juvenile
ing programs, individual mentoring and performance
                                                               justice systems.
evaluations, we ensure that our attorneys and staf f
continue to provide our clients and their families with                              On behalf of the Public Defender’s
the best legal representation possible.                                              Of fice, I give you our commitment
                                                                                     that we will continue to work tire-
Third, we established a number of innovative and exciting
                                                                                     lessly to help those who otherwise
programs that help clients turn their lives around. Many of
                                                                                     would have no hope for justice.
our clients struggle daily with tremendous challenges
                                                                                     Only by having a strong and vibrant
such as homelessness, lack of education, unemployment,
                                                                                     Public Defender’s of fice are the
mental illness and drug addiction. Programs such as
                                                                                     scales of justice balanced. We ask
Drug Court and Educational Court provide people with
                                                                                     for your help and support in the
a means to seek treatment and education in lieu of prison.
                                                                                     years ahead.
Our Clean Slate program helps rehabilitated clients clear
their records of criminal convictions so they can find work    Thank you.
and become productive citizens.
                                                               Sincerely,




                                                               Jeff Adachi
                                                               Public Defender




                                                                                                                             1
    Fulfilling the Promise of Equal Justice




R   eason and reflection require us to recognize that in our                                  task of meeting Gideon’s promise of equal justice to over
adversary system of criminal justice, any person haled into                                   23,000 people who come to the Public Defender for legal
court, who is too poor to hire a lawyer, cannot be assured                                    representation each year.
of a fair trial unless counsel is provided for him. This seems
to us to be an obvious truth. Governments spend vast sums                                     For much of its 82-year history, the San Francisco Public
of money to establish machinery to try defendants accused                                     Defender’s office has been severely understaffed, receiving
of crime. From the very beginning, our constitutions and                                      only a small fraction of the funding made available to police
laws have laid great emphasis on safeguards designed to                                       and prosecutors. This inequity resulted in overwhelming
assure fair trials before impartial tribunals. This noble ideal                               caseloads that often prevented deputy public defenders
cannot be realized if the poor man charged with a crime has                                   from doing their best work.
to face his accusers without a lawyer to assist him.
                                                                                              In January 2003, at the request of the Public Defender, the
                      – Justice Hugo Black,                                                   Controller conducted a four-month study of the office and
                        Gideon vs. Wainwright
                                                                                              issued a series of recommendations to increase staffing and
2003 marked the 40th Anniversary of Gideon vs.                                                improve its operations. These "benchmarks for justice" now
Wainwright, the Supreme Court decision which held that                                        form the foundation of the Public Defender’s three-year
the U.S. Constitution requires the appointment of a lawyer                                    strategic plan. In July 2003, in response to the Controller’s
at state’s expense for a person accused of a crime who                                        report, the Mayor’s Office and the Board of Supervisors
cannot afford a lawyer.                                                                       agreed to provide additional staff and resources to the
                                                                                              Public Defender’s office.
At the Hall of Justice, and at the Youth Guidance Center, the
Public Defender’s staff of 90 attorneys and 46 investigators,
paralegals, social workers, and clerks have the Herculean




                                    Photo Courtesy of: Skylight Pictures




                                                                Deputy Public Defender Will Maas meets with a client
                                                                         at the San Francisco County Jail.




2
                                                                                                              Benchmarks for Justice




Setting Caseload Standards and Reducing                                      Compliance with the Manual of Policy
Attorney Caseload:                                                           and Procedures:
In 2001 and 2002,            Photo Courtesy of: Skylight Pictures
                                                                             The Public Defender has developed a comprehensive
staff shortages brought                                                      Manual of Policy and Procedures which sets forth the
attorneys’ caseloads                                                         standard of representation that is expected and required
to overwhelming and                                                          of all staff.
unmanageable numbers.
Felony, misdemeanor                                                          Develop, Design and Launch a New Information-
and juvenile attorneys                                                       Technology System:
were handling three
times as many cases                                                          In 2003, the Public Defender’s office worked with the
as their counterparts in           Deputy Public Defender Phoenix Streets    Department of Telecommunications and Information
                                              argues a case before a jury.
comparable public defend-                                                    Services to design and develop a new state-of-the-art
er offices. These caseloads far exceeded the workload                        information-technology system to track court information
standards set forth by the American Bar Association.                         and automate office work. The new system will also allow
In 2003, the office established maximum annual                               the staff to access case statistics and produce regular
caseload standards:                                                          reports on individual attorney workload, overall office
                                                                             workload, and fluctuations in the type of cases assigned
Felony attorneys – 150 cases
                                                                             to each attorney.
Juvenile attorneys – 200 cases
Misdemeanor attorneys – 250 cases
Mental Health attorneys – 250 cases                                          Reduce the Costs of Appointing Private Counsel
                                                                             by Limiting Cases Referred to Outside Counsel:
Implementation of Caseweighting Standards:
                                                                             Sometimes, for a variety of reasons, the Public Defender
The Public Defender has adopted a case-weighting system                      must declare a conflict of interest and cannot represent a
where cases are assigned and distributed based on the                        person. In such a situation, the case is assigned to a private
seriousness of the charges, complexity of the case, and                      lawyer appointed from a Photo Courtesy of: Photo by Christine Jegan
experience level of the attorney. Managers use the                           panel administered by
case-weighting system to control the attorneys’ workloads                    the San Francisco Bar
and ensure that all cases receive the time and attention                     Association. In 2003, the
they need.                                                                   Public Defender’s office
                                                                             enacted new reporting
Increase Attorney Support Staff:                                             mechanisms to better
                                                                             regulate this process,
The Controller’s 2003 study found that the office did not                    resulting in substantial
have sufficient investigative, paralegal, and support staff                  savings to the City.         Deputy Public Defender Danielle Harris in court.
to assist the attorneys. This resulted in attorneys not
having sufficient time to work on their cases. In October
2003, additional paralegals and investigators were added
to the staff.




                                                                                                                                                         3
    Fighting for Justice




F  ighting for justice is a daily reality at the Hall of Justice.                          "The right to be free of illegal search and seizures ..."
Unlike the TV version of justice in which lawyers and judges                               Fourth Amendment
focus on one case at a time, more than one thousand cases                                  Deshawn was arrested for
are heard each week in the San Francisco courts. Deputy                                    trespassing, searched by
Public Defenders must ensure that each client’s case                                       a police officer and
receives the care and attention it deserves.                                               charged with possession
                                                                                           of narcotics. The officer
                                              A Deputy Public
                                                                                           testified that there were
                                              Defender’s typical day
                                                                                           posted signs throughout
                                              starts out in the holding
                                                                                           the area that said, "no
                                              cell, interviewing dozens                                                                                    Photo Courtesy of: Skylight Pictures
                                                                                           trespassing." After the
                                              of persons who have                                                       Deputy Public Defender Stephen Rosen in court.
                                                                                           public defender
                                              recently been arrested.
                                                                                           investigator showed the judge photographs disproving the
                                              Whether the crime
                                                                                           officer’s testimony, the judge ruled that the police officer’s
                                              charged is driving under
 Photo Courtesy of: Christine Jegan                                                        search of Deshawn was illegal.
                                              the influence, battery
 Deputy Public Defender Phong Wang discusses
       a case with Prosecutor Sharon Reardon. or homicide, each                            "The right to testify on my own behalf ...."
                                              individual must be                           Fifth Amendment
thoroughly interviewed so that their release status can be                                 Peter had one strike against him. Already on probation,
argued before the judge and a plea entered. Each case must                                 Peter was again charged with assault. Peter claimed he
be meticulously reviewed and investigated by the attorney,                                 was innocent, but told his defender that he was afraid no
and legal motions must be researched, written and filed.                                   one would believe him. The defender investigated Peter’s
Any constitutional issues must be presented in court and                                   case, and found he was telling the truth. Peter turned down
thoroughly litigated.                                                                      a plea bargain, and testified at trial. Withstanding two days
The attorney must work to resolve each case for a result                                   of rigorous cross-examination by the prosecutor, Peter
that is just. Even if the case is eventually dismissed or                                  was acquitted.
negotiated with a guilty
                                                                                           "The right to a jury trial ... " Sixth Amendment
plea, the defender must
                                                                                           Enrique was charged with first degree murder. During an
still conduct a full investi-
                                                                                           argument, Enrique had allegedly struck a man. The man fell
gation of the facts.
                                                                                           to the ground and died of a head injury. Enrique’s defender
If the case proceeds to                                                                    and investigator tracked down dozens of witnesses and
a jury trial, the defender                                                                 presented extensive forensic evidence at trial which proved
must interview and                                                                         that the cause of death was consistent with an accident,
subpoena witnesses,                                                                        not an intentional killing. Enrique’s case was reduced to a
                                                      Photo Courtesy of: Christine Jegan
prepare for jury                                                                                                                 voluntary manslaughter
                                Deputy Public Defenders Kathy Asada
selection, evidentiary            and Aleem Raja prepare for court.
                                                                                                                                 at the preliminary
hearings, opening                                                                                                                hearing, and at trial,
statements, direct and cross-examination and final argu-                                                                         Enrique was found not
ment. Trying a case is a tremendous challenge requiring                                                                          guilty of manslaughter.
the attorney to combine all of his or her legal education,
experience, wit, skill and common sense to meet the
formidable resources of the state.                                                                                    Photo Courtesy of: Christine Jegan


The office’s felony unit handled 10,363 cases in 2003 and                                       Deputy Public Defender Artricia Moore
                                                                                                   presents her case to the judge.
tried a total of 48 jury trials. The felony probation violation
unit handled 247 of the 1,747 probation violations assigned
to the office. The office’s misdemeanor unit, comprised of
16 lawyers, handled a total of 12,822 cases in 2003, and
tried a total of 86 jury trials.


4
                                                                                                Treating, Not Punishing, Mental Illness




Representing the Mentally Ill                                                              effective cooperation between the mental health treatment
                                                                                           system and the criminal justice system. Participants meet
The Mental Health unit consists of two attorneys and                                       with caseworkers, social workers or psychologists, and
two investigators. In 2003, they represented some 3,500                                    voluntarily agree to a treatment plan which may include
clients with mental health disabilities in both civil and                                  residential treatment, housing and medication. Upon
criminal proceedings.                                                                      successful completion, their sentences may be reduced,
The role of the mental health attorney is to give voice to                                 or their cases dismissed. The Court results in improved
the client, to preserve the client’s choice of treatment, and                              access to public mental health treatment services and
to give recourse to rights provided by law. Typically, the                                 reduced recidivism.
goal in such cases is to decriminalize mentally ill clients                                Anna, a 63-year old woman who suffers from schizophrenia,
and successfully transition them from jail to a mental health                              was arrested for violating a stay away order from her
treatment program. The unit also represents clients who                                    family home. While in custody, Anna was referred to the
have been found "not guilty by reason of insanity" in                                      Behavioral Health Court. She was placed in a program
post-trial proceedings.                                                                    specializing in residential mental health treatment for
                                                                                           senior citizens and successfully completed her treatment
Behavioral Health Court                                                                    plan, which included counseling and case management.
                                                                                           Several months later, she was reunited with her family
In January 2003, the San Francisco Superior Court, in
                                                                                           and returned home. Anna’s felony charges were reduced
collaboration with the Public Defender, District Attorney
                                                                                           to misdemeanors.
and Department of Public Health, instituted the Behavioral
Health Court. The Behavioral Health Court increases




                 Photo Courtesy of: Christine Jegan



                                                      Deputy Public Defender Jennifer Johnson in Behavioral Health Court.




                                                                                                                                                       5
    Leading Juvenile Justice




T  he juvenile justice system seeks to rehabilitate youthful                             Providing Educational Opportunities for Youth
offenders and prevent their return to jail. To this end,
the Public Defender’s juvenile office has adopted a                                      Learning disabilities and unmet educational needs often
holistic approach, which includes social work, educational                               contribute to a youth’s entry into the juvenile justice
advocacy, mental health and placement services for youth                                 system. The Public Defender’s Placement & Education unit
who have to be removed from their homes. The Public                                      was created to address these needs by working with the
Defender’s office also collaborates with community agencies                              School District to develop an education plan which includes
that serve the City’s youth. In 2003, the Public Defender                                counseling, tutoring, or job-training. The unit also investi-
successfully represented 1,483 young people who were                                     gates and monitors the treatment of clients in out-of-home
charged in delinquency proceedings.                                                      placements, and reduces the time youth spend in detention.

Born and raised in a public                                                                                                                   Kyle, a 15-year old boy,
housing project, Jason grew                                                                                                                   was born in prison. Because
up in a neighborhood                                                                                                                          his mother was addicted
where drive-by shootings,                                                                                                                     to drugs, Kyle was raised
drug sales and turf wars                                                                                                                      by his aunt and uncle. Kyle
were a common occur-                                                                                                                          was placed on juvenile
rence. At 17, Jason found                                                                                                                     probation and was charged
himself facing a life                                                                                                                         with violating his probation
sentence for attempted                                                                                                                        for fighting in school.
murder. Jason’s deputy                                                                                                                        Kyle’s deputy public
public defender led a team                                                                                                                    defender determined that
comprised of the public                                                                                                                       Kyle was suffering from a
defender social worker,                                                                                                                       serious learning disability,
investigator, a forensic                                                                                                                      and needed one-on-one
psychologist and California                                                                                                                   attention and a visual
Youth Authority expert.                                                                                                                       learning plan. The judge
Together, they determined
                                                                                                            Photo Courtesy of: Robert Gumpert
                                                                                                                                              agreed not to violate Kyle’s
that Jason suffered from                   Chief Attorney Teresa Caffese discusses a case in court with her client.                           probation. Kyle is now
post-traumatic stress                                                                                                                         succeeding in school.
disorder when he was a victim of a random shooting two                            The SQUIRES Program
years earlier. After a complete assessment, coupled with
community support, the District Attorney agreed not to                            The Public Defender’s office participates in the SQUIRES
charge Jason as an adult, and allowed Jason to seek the                           (San Quentin Utilization of Inmate Resources, Experience
rehabilitation services of the juvenile justice system.                           and Studies) program, which allows at-risk youth to
                                                                                  experience the reality of crime and punishment as juveniles
Helping Exploited Girls and                                                       meet one-on-one with prisoners at San Quentin prison.
Victims of Sexual Abuse/Assault                                                          From time to time I receive letters from kids telling me how
                                                                                         the SQUIRES program has affected their thinking about life.
In 2003, the Public Defender received grants from the San
                                                                                         I feel a sense of accomplishment when I know something
Francisco Foundation and the VanLobenSels-RembeRock
                                                                                         that I’ve shared in the workshops has made a difference
Foundation to fund a position for a social worker to work
                                                                                         in the kids’ lives. Being incarcerated at a young age, and
with young girls who are victims of physical, sexual,
                                                                                         working with troubled youth made me realize how much
emotional or psychological abuse. The social worker will
                                                                                         we need to help each other in our society. The youth
develop treatment plans that provide wrap-around services
                                                                                         especially need our help, because they are our future.
that encompass the girl’s familial, educational, social, and
economic needs, and also will provide counseling in areas                                                             – SQUIRES Member
such as teen pregnancy and AIDS. The social worker will
manage and monitor the treatment plans, and provide
follow-up reports to the court.

6
                                                                                                                                         Attacking Addiction




Drug Court, Proposition 36 and                                                     Another alternative is the voter-mandated Proposition 36,
Substance Abuse Treatment                                                          which allows persons convicted of drug possession charges
                                                                                   to enter a treatment program instead of a jail or prison.
Many people find themselves involved in the criminal                               In 2003, the office represented 326 clients in these
justice system because they are addicted to drugs or                               proceedings. This program is funded from a state grant
alcohol. In 2003, almost 1,000 persons participated in Drug                        administered by the Department of Public Health.
Court, a program established in 1995 that assists alcohol
and drug dependent persons in addressing their addiction                           The Public Defender also is assisted by a Substance Abuse
through court monitored treatment. Utilizing a team                                Treatment specialist, who acts as a liaison between the
approach involving legal, substance abuse and health care                          Public Defender, community treatment agencies, and the
professionals, Drug Court offers residential treatment, day                        courts, and helps locate residential treatment programs
treatment or outpatient treatment, meetings with drug                              for clients.
counselors, group counseling, acupuncture, urine testing,
                                                                                   "Freedom comes with a price. I remember 18 months ago
and regular trips to court so the judge can monitor their
                                                                                   when I was sitting in jail with so much despair, thinking
progress. Clients who successfully complete this rigorous
                                                                                   one day I could have a life again. There’s no words that
program have their criminal charges dismissed.
                                                                                   can express the level of gratitude I feel towards Drug Court,
                                                                                   from rescuing me from the bondage of addiction."

                                                                                                               – Ms. G. , 2003 Drug Court Graduate



                                                                                                                                          "When I entered this
                                                                                                                                          program 15 months ago,
                                                                                                                                          for once in my life I
                                                                                                                                          wanted to do something
                                                                                                                                          for myself. I was sick and
                                                                                                                                          tired of being stuck on the
                                                                                                                                          street with no place to go,
                                                                                                                                          with no hope. Drug Court
                                                                                                                                          gave me the strength, the
                                                                                                                                          support and the prayers
                                                                                                                                          to find that hope, that
                                                                                                                                          willingness to continue
                                                                                                                                          my life."
                                                                                                                                                        – Mr. H., 2003
                                                                                                                                                 Drug Court Graduate




                                                                                                    Photo Courtesy of: Christine Jegan




                              Deputy Public Defender Craig Peters consults with his client.




                                                                                                                                                                    7
    Building A World Class Defender’s Office




Public Defender Training Programs                                                            Investigation Unit
The Public Defender’s                                                                        The Investigation Unit researches the facts of a case.
office has established a                                                                     Investigators visit crime scenes, take photos of injuries,
training program to                                                                          gather important docu-
ensure that its lawyers                                                                      ments and records, track
and staff receive ongoing                                                                    down and interview wit-
training and are constant-                                                                   nesses, and subpoena
ly able to improve their                                                                     them to appear in court.
skills. In the past year,                               Photo Courtesy of: Christine Jegan
                                                                                             In 2003, the unit
the Training Director                                                                        responded to 1,537 attor-
                                Deputy Public Defender Rebecca Young
organized eight orienta-               leads a training session.                             ney requests, served
tion programs for newly                                                                      1,007 subpoenas, and                                   Photo Courtesy of: Christine Jegan

hired lawyers, monthly seminars on evidence, case                                            conducted 2,365 inter-
                                                                                                                                Manager Kathy Logan meets with
conferences, and mock jury selection. The office has also                                    views.                              investigator Jennifer Jennings.
hosted over 40 in-house lectures and demonstrations by
trial lawyers and experts who generously donated their time                                  Clerical, Word Processing &
and expertise. The office invites members of the private bar                                 Information Technology Unit
to attend many of the trainings. The office received four
scholarships to send felony lawyers to an intensive two-                                     The Clerical Unit is responsible for creating, maintaining and
week trial training at the National Criminal Defense College.                                archiving over 30,000 client files each year. The unit files
                                                                                             attorney motions (requests for court action), and delivers
Research Unit                                                                                                                                               missives to and from
                                                                                                                                                            other criminal justice
The Research Unit provides research, writing, appellate                                                                                                     agencies, and staffs
support and assistance to attorneys and maintains the law                                                                                                   courtrooms. In 2003, the
library. The unit performs legal research and writing, writes                                                                                               Word Processing Unit
                                                  motions (requests for                                                                                     transcribed 513 witness
                                                  court action), handles                                                                                    statements. The unit’s
                                                  pre-trial writs and                                                                                       phone operators put a
                                                  appeals. The Research                                                  Photo Courtesy of: Christine Jegan
                                                                                                                                                            public face on the office,
                                                  Unit also contributes                      Public Defender Sangeeta Sinha discusses a case and answer thousands of
                                                                                               with clerk Judy Liu and paralegal Tony Sosa.
                                                  materials to in-office                                                                                    telephone calls the Public
                                                  training programs and                      Defender’s Office receives each year. The Information
                                                  presents workshops on                      Technology Unit provides technical support for the office’s
 Photo Courtesy of: Christine Jegan
                                                  legal writing, research                    computer and information systems.
     Deputy Public Defender Chris Hite reviews    and new laws.
     a case file with clerk Thelma-Flores Arroyo.
                                                                                             The Paralegal Unit
Bail Unit
                                                                                             In response to the Controller’s study which recommended
The bail unit was initiated in 2003 as part of Sheriff Michael                               that the office hire paralegals to reduce attorneys’ workloads,
Hennessey’s County Jail Population Reduction Plan. The bail                                  10 paralegals were hired in 2003. The paralegals obtain
unit conducts in-depth interviews with the client and family                                 documents, organize trial binders, create court exhibits,
members and develops a release plan, which is presented                                      review and summarize court transcripts, and assist lawyers
to the court. In 2003, the unit brought 150 motions in                                       in preparing for trial.
felony cases, and obtained release in 63% of the cases,
saving the City $1 million in incarceration costs.




8
                                                                                  Building A World Class Defender’s Office




Volunteer Attorney Program                                                      Speaker’s Bureau

For over 20 years, the                                                          The Public Defender’s office often provides speakers to
office has had a "loaner"                                                       groups and public events. During 2003, Public Defender
program where private                                                           Jeff Adachi and members of his staff spoke at conferences,
firms loan associates and                                                       meetings, community
partners to work in the                                                         meetings, high school
Public Defender’s office,                                                       and law school campuses
where they have the                                                             throughout the Bay Area.
opportunity to handle                                                           Also, Hall of Justice tours
a criminal caseload and        Pillsbury Winthrop associate Blaine Green (c)    were offered to elemen-
try cases. The program         pictured with Deputy Public Defenders (l to r)   tary, middle and high
                               Alex Lillien, Managing Attorney Jean Amabile,
requires a minimum                   Helena Kim and Christy Chandler.           school students.
four-month, full-time                                                                                                Fourth graders from Charles Drew Elementary
                                                                                "Thank you for the tour.         School participate in a mock trial.
commitment. Attorneys are assigned to the misdemeanor
                                                                                I had a good time. What I
unit, and handle a partial misdemeanor caseload. The attorneys
                                                                                liked the most was when we got to play in the courtroom. I
receive extensive training in trial skills, evidence and
                                                                                like your office and now I know what I want to do. I want to
courtroom protocol. In 2003, eight volunteer attorneys
                                                                                be a lawyer. I hope we can do it again."
participated in the Volunteer Attorney Program.
                                                                                                      – Kayla, age 9
"My time as a deputy public defender through the volunteer
attorney program was both intense and rewarding. I tried                        Equal Justice Campaign
five jury trials. The gratitude from clients and support from
co-workers has made the experience especially satisfying.                       In July 2003, the Public Defender’s office began an
I return to my firm a more skilled trial lawyer, having honed                   educational campaign to celebrate the importance of equal
my trial skills."                                                               justice and to educate the public on the role of the Public
                        – Blaine Green, Commercial Litigator,                   Defender. The campaign features billboards and bus shelter
                           Pillsbury Winthrop                                   posters in San Francisco. The campaign is co-sponsored
                                                                                by the office of former Mayor Willie Brown, Jr., the Bar
Volunteer Intern Program                                                        Association of San Francisco, and law firms and private
                                                                                companies that have donated money or billboard space
The San Francisco Public Defender’s Volunteer Internship                        for the campaign.
Program (VIP) provides internship opportunities for law
students, paralegal students, college students and
volunteers who are interested in receiving hands-on
experience meeting with clients, writing motions and
assisting the attorneys in trial. Students apply to participate
in the office’s fall, spring or summer internship programs.
Last year, 174 law students and volunteers from across
the United States and from England, Ireland, and Germany,
provided over 50,000 work hours to support the office.

"I have volunteered at the Public Defender's office on a
part-time basis for the past four years. My background as
a research scientist has proved extremely helpful to the
lawyers I have worked with. My greatest satisfaction is                                      Posters and billboards publicizing defender services
                                                                                                 appeared in San Francisco neighborhoods.
being able to help people at a critical time in their lives.
I would highly recommend the experience to anyone
who is interested."
                       – Louise Swig,
                         Public Defender Volunteer

                                                                                                                                                                   9
  Helping Ex-Offenders Turn Their Lives Around




W      ith over 160,000 prisoners in 33 state prisons, California      Clean Slate
has the largest prison population in the country. Sentencing
laws such as the "Three Strikes Law" — which allows a                  The Clean Slate program helps people clear their record of past
prosecutor to seek a life sentence for a person who has two            convictions and arrests. A criminal record can severely affect
prior serious felonies --- has caused this swell in the prison         a person’s ability to find employment as well as eligibility for
population, which has jumped nearly 500 percent in the past            student loans and government-owned housing. In 2003, 1,057
20 years. With over 121,000 parolees statewide, it is imperative       people took advantage of the office’s Clean Slate program.
that new alternatives are developed to help ex-offenders turn          Clean Slate services are available without appointment every
their lives around when they are released from prison or               Tuesday from 9-11:00 am at 555 Seventh Street, or every
county jail.                                                           Thursday, from 9-12:00 pm at the Southeast Community
                                                                       Facility Commission, 1800 Oakdale, in Bayview-Hunters Point.
Street-to-Work Program                                                 No appointment is necessary. For more information,
                                                                       call (415) 553-9337.
In July 2003, the Public Defender began referring clients to
"Street-to-Work," a new program which provides employment              "Just a note of thanks for your help in my efforts to have my
alternatives to incarceration for persons aged 18-30 charged           record expunged. I now have a clear record as I work towards
with first-time, low-level drug sales offenses. Participants who       being a social worker. Your help was greatly appreciated."
successfully complete the intensive eighteen-month program                                           – A.J.
have their felony convictions dismissed. In its first year, Street-
to-Work admitted 53 people, trained them, and found them               The Innocence Project
jobs in the social service and construction industries.
                                                                       The Innocence Project investigates claims of factual innocence
Educational Court                                                      and provides DNA testing of evidence. The Innocence Project
                                                                       attorney investigates new evidence, witnesses, and records
Educational Court, established in 1996, is a highly successful         that may lead to the client's exoneration, and conducts prison
program that provides persons charged with first-time drug             outreach. In 2003, the Innocence Project investigated 36 cases.
sales offenses with the opportunity to complete their high
school or college education. To date, over 200 individuals             The Exonerated: John Tennison and Anton Goff
have successfully graduated from the program, with an 11%              In 1989, 17-year-old John Tennison and 20-year-old Anton Goff
recidivism rate. Many have received GED and high school                were arrested by police in connection with a homicide-gang
diplomas and continued with their higher education. In 2003,           shooting that occurred in San Francisco’s Sunnydale neighbor-
the Public Defender worked with the District Attorney and              hood. Based on the eye-witness testimonies of two teenage
Pre-Trial Diversion to revise the program as part of the               girls, both men were both convicted and sentenced to life in
consolidated Drug Court.                                               prison. Post-conviction investigation performed by the Public
                                                                       Defender’s office revealed that another man had confessed to
                                                                       the crime to police and that witnesses had told police that
"When I first started Educational Court, I didn’t take it seriously.
                                                                       Goff and Tennison were innocent. This evidence was withheld
But (the program) kept on me and wouldn’t let me get away
                                                                                                                           from the defense,
with anything. Now I have my license, my GED degree, and
                                                                                                                           and was never heard
this case is going to be dismissed. Thank you all so much,
                                                                                                                           by the jury. Through
I will never forget all that you did."
                                                                                                                           the efforts of
                        – K.D. , age 21, graduated from                                                                    lawyers from the
                          Educational Court October 2, 2003                                                                San Francisco law firm
                                                                                                                           Keker and Van Nest,
                                                                                                                           Goff and Tennison
"My son and I now have a one bedroom apartment. I am back
                                                                                                                           were finally ordered
at school to get my Registered Nursing certification and am            John Tennison, Anton Goff, pictured right to left
                                                                       with Luther Brock and Albert Johnson, who,like Goff released by a federal
doing really well."                                                    and Tennison, were each imprisoned crimes they did
                                                                                                                           court in August 2003.
                      – T.T., age 24, graduated from                   not commit.
                         Educational Court on July 17, 2003


10
                                                                          Public Defender 2003 Case Statistics




T  otal Cases Handled by the Public Defender’s Office (2003)   Civil
                                                               Certification Review: 2,586
Total # of Cases Handled: 22,993
                                                               Conservatorship: 243
Felony Unit                                                    Renewal of Conservatorship: 536
Total Cases: 10,363                                            Writs: 75
Arraignments: 4,312                                            Total Civil Cases: 3,440
Dismissed: 732
                                                               Criminal
Diverted: 503
                                                               Maximum Term Extensions: 14
Cases Resolved by Guilty Plea Before
                                                               Writ for Conditional Release: 3
Preliminary Hearing: 1,383
                                                               Restoration of Sanity: 5
Total Guilty Pleas: 1,599
                                                               Conditional Release/Outpatient Parole: 17
Number of Cases Held to Answer: 472
                                                               1370 Top Out: 7
Cases Set for Trial: 516
                                                               Total Criminal Cases: 46
Jury Trials: 48
Average Cases Per Attorney (Annual): 168                       Behavior Health Court:
Average Caseload Per Attorney (At any given time): 56          Total Cases: 115
                                                               Total Number of Graduates: 20
Type of Case
Homicides: 14                                                  Drug Court
Sex Offenses: 56                                               Total Cases: 1,000
Violent or Serious Felonies: 663
Burglary, Theft, Receiving Stolen Property: 529                Proposition 36
Drug Offenses: 2,537                                           Total Cases: 326
Miscellaneous: 500
Probation Violations: 1,747                                    Substance Abuse Unit
                                                               Clients evaluated: 400 clients
Misdemeanor Unit                                               Clients placed into treatment programs: 52
Total Cases: 12,822                                            Street-to-Work: 63
Arraignments: 4,824
Cases Dismissed: 1,708                                         Clean Slate:
Cases Diverted: 1,652                                          Cases: 1,057
Cases Resolved by Guilty Plea Before Trial: 1,374              Motions: 558
Cases Set for Trial: 296
Trials: 86                                                     Innocence Project
Average Cases Per Attorney (Annual): 301                       Total Letters: 107
Average Caseload Per Attorney (At any given time): 125         Referrals: 46
                                                               Closed Investigations: 27
Juvenile Unit                                                  Active Cases: 36
Total Cases: 1,483                                             DNA Tested: 3
Court Appearances: 2,934
Court Trials: 30                                               Investigation Unit
Contested Dispositions: 28                                     Attorney Investigative Requests: 1,537
Fitness Hearings: 10                                           Subpoenas Served: 1,007
Average Cases Per Attorney (Annual): 245                       Interviews: 2,365
Average Caseload Per Attorney (At any given time): 54          Research Unit
Total Educational Placements: 189                              Appeals: 8
Total Youth Authority Commitments: 3                           Petitions for Writs: 23
Mental Health Unit:                                            Motions to Suppress Evidence: 17
Total Cases: 3,500                                             Motions to Set Aside Information: 45
                                                               Legal Memoranda: 45
                                                               Miscellaneous Motions: 39

                                                               Recruitment/ Volunteer Intern Program
                                                               Total Interns: 179

                                                                                                             11
 Public Defender Staff




Public Defender: Jeff Adachi                                         Proposition 36:
Chief Attorney: Teresa Caffese                                       Jami Tillotson         Eldemira Alfaro
Executive Assistant to Public Defender: Angela Auyong                Substance Abuse:
Felony Managing Attorneys: Steve Gayle & Marla Zamora                Shannon Bennett
Misdemeanor Managing Attorney: Jean Amabile                          Clean Slate Program:
Juvenile Managing Attorney: Patricia Lee                             DeMarris Evans       Louise Winterstein
Mental Health Managing Attorney: Robert Bunker
Research Managing Attorney: Chris Gauger                             Innocence Project:
Director of Training: Martin Sabelli                                 Paul Myslin
Director of Investigations and Support Services: Kathy Logan         Investigations Unit:
Director of Interns and Recruitment: Kathy Asada                     Carolyn Hanna          Christina Pena      Sandra Smutz
                                                                     Jennifer Jennings      Nigel Phillips      Gary Sourifman
Felony Unit:                                                                                Lawrence Porchia    Robert Stemme
                                                                     Pat Leary
Stephanie Adrakas     Terrence Howzell   Artricia Moore                                     Diane Rae           Everson Thompson
                                                                     Ricardo Lopez
Gabriel Bassan        Daro Inouye        Steve Olmo                                         Jill Schroeder      Debora Warren
                      Katherine Isa      Craig Peters                Karen Masi
Frank Brass                                                                                 Jill Shaw
Linda Colfax          Mark Iverson       Stephen Rosen               Jose Mendoza
Henry Doering         Mark Jacobs        Mel Santos                  Social Worker Unit:
Robert Evangelista    Jennifer Johnson   Simin Shamji                Marynella Woods (Juvenile)
Sandy Feinland        Susan Kaplan       Kauser Siddiqui
                                                                     Administrative Support Unit:
Peter Fitzpatrick     Lisa Katz          Sangeeta Sinha
                                                                     Eunice Kaneko (Bookkeeper)
Azita Ghafourpour     Sujung Kim         Niki Solis
Greg Goldman          Susan Leff         Phoenix Streets             Clerical Unit:
Carla Gomez           Jennifer Levin     Rafael Trujillo             Thelma Flores-Arroyo   Angela Matthews     Cynthia Watkins
Danielle Harris       Alex Lilien        Tyler Vu                    Ana Guevara            Lynn Mechanic       Wynona Winterstein
Kleigh Hathaway       Mary Mallen        Phong Wang                  Virginia Libiran       Mary Muao           Joanna Voltz
Elizabeth Hilton      Kwixuan Maloof     Doug Welch                  Judy Liu               Luz Rodriguez
Christopher Hite      Randall Martin     Rebecca Young
                                                                     Word Processing Unit:
Misdemeanor Unit:                                                    Rosario Carbajal    Sandra Reyna
Christina Alvarez     Alisa Kim           Brian Pearlman             Emily Ng            Cerina Santos
Christy Chandler      Helena Kim          Aleem Raja
Jonah Chew                                Diana Rosenstein           Paralegal Unit:
                      Tal Klement
Kisha Cordero                             Stephanie Wargo            Lori Flowers           Joan Kruckewitt     Kenneth Olivencia
                      Adam Lipson
Monica Cummins                            Jacque Wilson              Jennifer Guinan        Brendan Loftus      Anthony Sosa
                      Eric Luce
Chris Hipps                                                          Nicole Holland         Tiffany McClean     Michelle Tong-Choyce
                      Seith Meisels
                                                                     Andrew Koltuniak
Juvenile Unit:
Roger Chan            Debra Hoffmann      William Maas               Research Fellows:
Greg Feldman          Jan Lecklikner      Rebecca Marcus             Justyn Lezin           Ricardo Martinez
Emily Goldman         Norene Lew          Stephen Zollman            Information/Technology Unit:
Mental Health Unit:                                                  Thomas Brown        Rene Manzo
Kara Chien                                                           Volunteer Program:
Research Unit:                                                       Louise Swig
Jennifer Cosgrove     Dorothy Bischoff                               Public Relations Assistance:
Drug Court:                                                          Marie Mallare & Miriam Goodman
Armando Miranda

CONTACT INFORMATION:
Office & Directory (415) 553-1671             Investigation Fax       (415) 553-9646          Clean Slate           (415) 553-9337
Main Fax           (415) 553-9810             Juvenile Division       (415) 753-7600          Intern Programs       (415) 553-9630
Front Desk         (415) 553-8128             Juvenile Fax            (415) 566-3030

                 The Public Defender would like to thank the following individuals, law fir ms and organizations
                                   for their sponsorship of the EQUAL JUSTICE CAMPAIGN:
         Farella, Braun & Martel                            Cris Argedas                             Family of Robert Nicco
            Heller, Ehrman LLP                               Jeff Bleisch                          Patricia Lee & Gil Graham
         O’Melveny & Myers LLP                              James Collins                       Bar Association of San Francisco
          Pillsbury Winthrop LLP                           Douglas Young                            Viacom & Clear Channel

12
              “
                  There can be no equality before the law
              where an experienced and skillful prosecutor,
              backed by the power of the state and the entire
              resources of the police, is matched against a
              poor and often friendless defendant, confined in
              jail, unable to understand even the simplest
              legal implications of the case, without the help
              of competent counsel, is powerless to marshal
              any facts to controvert them.”

                      – Robert Nicco, Former SF Public Defender




In December 2003, the Public Defender’s office designated one of its conference rooms
                   as the Honorable Robert Nicco Meeting Room.
    San Francisco Public Defender’s Office
555 7th Street Street, San Francisco, CA 94103

				
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