Defendants squeezed by Georgia’s tight budget

The Pike County Journal-Reporter

Jamie Weis

Defendants squeezed by Georgia’s tight budget

Posted by

Staff Writer

in Crime and Arrests

Tuesday, July 6. 2010

Comments (22)

By Adam Liptak
New York Times reporter

When the State of Georgia ran out of money to pay the lawyers for a man facing the death penalty, the prosecutor, of all people, had an idea. He asked the judge to appoint two overworked public defenders instead, identifying them by name.

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#1 David Rawlins on 07/06/10 at 02:25 PM

Why do we pay a private lawyer when we have public defenders?

If these criminals want a better lawyer, they should hire their own not force the public to pay for a high priced private lawyer.

#1.1 Anonymous on 07/07/10 at 07:37 AM

Because the state does not train the rank-in-file public defender to handle a death penalty case. The level of training and experience necessary to reasonably prepare and present a defense in a death penalty case is well beyond the skill set & experience level of 95% of your local public defenders. It's not the local public defender's fault. It takes years of legal practice to gain the expertise to do that kind of work, and frankly, by the time a public defender has been doing criminal defense that long, they are ready to leave the public sector and go into private practice to make better money. As long as the state refuses to pay for adequate training for public defenders, and refuses to pay them at a rate equal to what they pay prosecutors, we will never get a public defender syaytem that can handle this state's death penalty caseload. Defending the poor is just not politically popular.

#1.1.1 Concord Resident on 07/07/10 at 07:53 AM

In my opinion, if they used federal or state grant money to pay for a law education then private defense attorney's should be required to take on at least one (maybe two) indigent cases per year. That takes care of the lack of experienced public defenders.

#1.1.1.1 Anonymous on 07/07/10 at 12:53 PM

Having been to law school myself, and having had the experience of dealing with financial aid process therein, I can tell you first hand this notion of getting federal/state "grant" money to pay for law school is ridiculous. There are lots of LOAN programs for federal funds, but LOANS are just that, and LOANS have to be paid back WITH INTEREST. Yes, there are scholarships out there that do not have to be repaid, but almost all of them are funded privately or without the use of tax dollars. So this garbage about grants is ill-imformed and the idea that anyone should be required to work for free is hog wash.

#1.1.1.1.1 Concord Resident on 07/08/10 at 08:24 AM

Thanks for the education - perhaps some grant programs should be put in place to help pay for a law degree so that this idea could be put into place. I believe I'll write a letter to the proper associations suggesting exactly that.

Now - I don't recall saying anything about anyone working for free. The going rate for a public defender should be paid. Getting a break on the cost of an education, plus getting paid for taking the case, albeit lower than the usual fees, should make it a little more palatable to some attorneys to represent the poor who don't have access to experienced lawyers.

I say it's a good idea, and could be doable.

#1.1.1.2 Sheila Tolley on 07/08/10 at 08:59 AM

That sounds good to me. Insurance companies are forced to divvy up high risks clients.

#1.1.2 David Rawlins on 07/07/10 at 10:10 AM

Where in the law does it say they have to have the most experienced lawyer?

The particular guy that they are talking about has family, let them pay for his defense if they think he's innocent.

#1.1.2.1 Anonymous on 07/07/10 at 12:43 PM

The law doesn't say a death penalty defendant is entitled to "the most experienced lawyer," but it does say that defendant is entitled to a lawyer with enough experience ro make him competant to do the job. A death penalty case is far more complex and involved than the ordinary criminal case, and almost any lawyer would tell you that no attorney with less than 10 years of experience should even attempt to defend one. Compare it to medicine: probably any young doc right out of med school can draw a vile of blood or put in a stich or two; but don't you want someone with a little more experience cracking open your chest to handle that quadruple by-pass?

And as to his family paying for his legal bills, not that they are in any way obligated to, but have you actually checked out their financial status to see if they could pay for him a lawyer even if they wanted to? The minimum starting retainer a death penalty qualified lawyer would ask for is probably $50K. I'm sure that's pocket change to you.

#1.1.2.1.1 David Rawlins on 07/08/10 at 07:25 AM

I can't afford an expensive lawyer so I take particular care not to commit murder or be in a place where it appears I've committed murder.

#1.1.2.1.1.1 Sheila Tolley on 07/08/10 at 09:07 AM

You are just entirely too logical, David.

#1.1.2.1.1.2 Anonymous on 07/08/10 at 02:21 PM

Is that the best you can come up with when confronted with an informed, logical response which contradicts your narrow-minded, spiteful opinion? Very impressive Dave, very impressive indeed. May you receive the same mercy you would grant unto others.

#1.1.2.1.1.2.1 Sheila Tolley on 07/08/10 at 06:36 PM

Why can't some good prison guard just kill the SOB?

#1.1.2.1.1.2.2 David Rawlins on 07/13/10 at 05:39 PM

Do you have any idea what the man this article is discussing did?

I think you need to check your attitude and remember that people generally get what they deserve.

#2 Pike Patriot Homeowner on 07/08/10 at 08:17 PM

Yous peoples just don't get it. Thou shall not kill. Look at his face, he is not right in the mind and needs professional help, not death. Thank yous everyones for supporting my fireworks show. I Love Fireworks.

IN GOD WE TRUST

#2.1 Anonymous on 07/08/10 at 10:04 PM

Thank You Mr. Mickle

#3 Sheila Tolley on 07/08/10 at 08:34 PM

oh yeah, we are in trouble in Georgia. What we need is a better class of murderers. You Chump, Jamie Weis. You should be released to the family of Catherine Kings. They will just need a pine box and for Jamie to be left alone with Catherine's loved ones. They can take care of business.

#3.1 Anonymous on 07/09/10 at 12:50 PM

From the lips of a truly quality human being...

#3.2 Anonymous on 07/13/10 at 09:39 PM

He just didn't have the right friends in high places.

#3.2.1 Sheila Tolley on 07/14/10 at 08:20 AM

He can be in as high a place as he likes, he can pick the tree...we will bring the rope. FAIR?

#4 anonymous on 07/12/10 at 07:23 AM

If they would start back to public hangings or a firing squad the state would have plenty of money for lawyers because criminals would think twice before they killed someone!The pisons wouldnt be full and taxes would be less because we arent paying for trials and for food for people on death row for killing someone and people watched them do it and it still takes 2 years to find them guilty.That brian nichols case was a absolute waste of millions of dollars.Now we will feed him for the next however long and he is sitting in the ac doing nothing for society but costing money.Just like this weis person.

#4.1 fat bass tard on 07/13/10 at 05:40 PM

Amen. I have rope and ammo if you need it.

#4.2 Sheila Tolley on 07/13/10 at 06:23 PM

I love you, Anonymous. I just checked into this site to see if Weis still looks like Satan. Yep, he does.

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