Lawyer Office

ORIGINS OF THE COMMUNITY LAW OFFICE Mark E. Stephens Public Defender Knoxville, Tennessee 1101 Liberty Street | Knoxville, TN | 37919 | (865) 594-6120 | http://www.pdknox.org TENNESSEE GEOGRAPHICAL CONTEXT Total population of 5.4 million people Total population of 5.4 million people 83% of State’s population isiswhite 83% of State’s population white 41,220 square miles 41,220 square miles Three grand divisions: east, middle, west Three honored grand divisions: east, middle, and west Four major metropolitan areas: Memphis, Nashville, Knoxville, and Chattanooga Four major metropolitan areas: Memphis, Nashville, Knoxville and Chattanooga TENNESSEE DISTRICT PUBLIC DEFENDERS CONFERENCE 1987 – Public Defender Pilot Program Two-year program Created eight “pilot program offices” across the state TENNESSEE DISTRICT PUBLIC DEFENDERS CONFERENCE 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 TENNESSEE DISTRICT PUBLIC DEFENDERS CONFERENCE 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 $40,853,400 TENNESSEE DISTRICT PUBLIC DEFENDERS CONFERENCE 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 KNOX COUNTY PUBLIC DEFENDERS OFFICE 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 KNOX COUNTY PUBLIC DEFENDERS OFFICE 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 KNOX COUNTY PUBLIC DEFENDERS OFFICE 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 KNOX COUNTY PUBLIC DEFENDERS OFFICE FUNDING 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 DEFENDERS OFFICE FUNDING 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 KNOX COUNTY PUBLIC DEFENDERS OFFICE WORKLOAD Fiscal Year 2007 Opened cases Opened charges 13,259 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 University 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 representation 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 CONCEPT / ORGANIZATIONAL STRATEGY Core Team embarked on a six-month process of designing and writing a concept paper and an organizational strategy paper See website at http://www.pdknox.org 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 relationship 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 PREMISE 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 CONCEPT 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 RECONNAISSANCE AND PARTNERSHIP 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 CROSSROADS: INTERNAL CONVERSATIONS “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 funding 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 principles 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 Criminal Civil Provide social services Client assessments Therapeutic Interventions Sentencing advocacy Community linkage and education Business ventures COMMUNITY LAW OFFICE LEGAL STAFF Elected Public Defender Assistant Public Defenders Special Project Coordinator Investigators Administrative Support Information Technologies Juvenile Support Law Clerks Building Maintenance Manager School Externs (College of Law) 1 20 1 4 13 (2 part-time) 3 (1 part-time) 2 (1 part-time) 3 1 4 COMMUNITY LAW OFFICE SOCIAL SERVICES STAFF Social Services Director (PhD, LCSW) Masters Level Forensic Social Workers (MSSW) Adult Services (2) Juvenile Services (1) 1 3 Student Externs (MSSW – Clinical Concentration) Senior Student (BSSW Program) 3 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 Self-referrals Judges Probation District Attorney Families Clients include both adults and juveniles, with and without legal entanglements 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 ACTIVITIES 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 Tutoring 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 CLIENT DEMOGRAPHICS Gender 699 Clients SOCIAL SERVICES CLIENT DEMOGRAPHICS Ethnicity 699 Clients SOCIAL SERVICES CLIENT DEMOGRAPHICS Age 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 GOALS 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 community To prevent crime and juvenile delinquency To provide community education about social services and criminal justice 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 PROGRAMS Delinquency Prevention & Early Intervention Communication Through Art Education Through Experience The Magic of Opera Recreational Activities Therapeutic Intervention SOCIAL SERVICES PROGRAMS Reintegration & Recidivism Prevention Intensive Case Management Assessments 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 PROGRAMS Sentencing Advocacy Adult & Juvenile Alternatives to Incarceration Attorney Consultation Research on Best Practices SOCIAL SERVICES PROGRAMS 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, roleplaying, 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 exercises. 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 handson 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 dance. SOCIAL SERVICES DELINQUENCY PREVENTION Volunteers Since program inception, the CLO has attracted over seventyfive volunteers from all walks of life, including local artists, attorneys, police officers, school teachers, bankers, physicians, photographers, and college and high school students. SOCIAL SERVICES REINTEGRATION & RECIDIVISM PREVENTION 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 Social Services Director (part-time) Administrative Support (part-time) Social Worker #1 Social Worker #2 Social Worker #3 $49,108 $36,368 $53,843 $42,930 $45,004 $227,253 Operating expenses Rent (pro-rata share) Building maintenance (pro-rata share) Phone (pro-rata share) Supplies Travel & training Dues & memberships $61,222 $17,353 $3,025 $3,500 $1,000 $500 $86,600 Total salaries / operational expenses $313,853 SOCIAL SERVICES GRANTS / STATE CONTRIBUTIONS Grants obtained East Tennessee Foundation / Art East Tennessee Foundation / ETE Knox County Block Grant TCCY $ 750 $ 3,750 $35,000 $30,000 $69,500 State contribution to payroll Total grants / state contributions $28,802 $98,302 SOCIAL SERVICES COST TO OFFICE Total Expenses Total Income $313,853 $98,302 Total Cost to Office $215,551 SOCIAL SERVICES EVALUATION 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 CONCLUSION 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