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 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
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 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
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 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
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, 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
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 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
dance.
SOCIAL SERVICES
DELINQUENCY PREVENTION
Volunteers
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,
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 $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
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