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    Hubert

    Mike came to us straight out of law school. He joined us, he said, so he could get trial experience. He was an impatient and arrogant fool who thought that he could just walk in and try homicides and rapes. He started off, like everyone else, trundling probation violations. We all had to do it and still did but Mike didn't want to wait. At the monthly meeting he complained long and loud that he wasn't being used properly, said he wanted to help people and do something "for the poor". I wanted to slap the patronizing bastard there and then and out of the corner of my eye I saw Erin place a firm hand on Candace's shoulder. He was really getting on everyone's nerves. It didn't help that he had lousy interviewing skills and talked down to the clients. He needed a reality attack and Hubert gave us our opportunity.

    Admittedly Hubert was difficult. His surname was Manyhorse, not, emphatically, Manyhorses. Hubert would forcefully remind you of this. His record showed that he was a creature of habit. After three months in the county jail for D and D, disturbing the peace and , probably, resisting, he would be released and three to four weeks later be right back there again. He had a steady income from payments for an industrial accident that also left him with a prosthetic leg. If he thought that you were not giving him the attention that he merited he would detach it and threaten to hit you with it. It was not unknown for him to shit in his hand and throw it.

    Hubert was arrested again and locked up pending a hearing. He wanted a public defender of course and the case was given to Ruth. Ruth, Candace and Erin came to my office and Ruth said that she was going to ask that the case be given to Mike. "A dose of Hubert will do him good." she said. We all went to Ray's office and asked that he reassign it. Ray, who was as pissed off at Mike as everyone else, thought for a second and reassigned the case to Mike.

    I was going up to the jail and told Mike he could ride with me as I was going to see one of my clients.

    "You defended Hubert before?"

    "Yeah. Couple times."

    "What's he like?"

    "Physically? Big guy, prosthetic leg. Can be temperamental. Major drink problem. Doesn't want help."

    "Oh."

    "Make sure you get his name right."

    We arrived at the jail. My interview wouldn't take longer than twenty minutes so I told Mike that if I wasn't in the lobby I would be in the commissary drinking coffee. I knew he would be a while.

    My interview was over in a flash, my client accepted the plea agreement and would be released after seeing the judge in the morning. I told the girl in the lobby that when Mike surfaced he could find me in the canteen.

    I was on my second cup when Mike came in looking decidedly frazzled. He sat at the table, shaking.

    "What's wrong? How did you get on with Hubert?"

    He's crazy. Waved his leg at me and threw shit at me. Said I got his name wrong."

    "I warned you."

    "You didn't say he was psychotic."

    "He isn't. Mental issues caused by alcohol but not psychotic."

    "We're going in front of the Judge tomorrow. Wants me to get him released."

    "Good luck with that."

    We set off back to the office.

    "Is he always like that?"

    "Yes."

    The next morning Hubert and Mike appeared in front of Judge Stacey Bolton. Mike made his plea and asked for probation. That brought low chuckles from around the courtroom. Everyone knew Hubert.

    The judge looked down at Hubert. "Do you have anything to say?"

    Hubert pulled himself erect and said "I will throw myself on the mercy of the Court, Judge."

    The judge looked at Hubert and said "When I came to the bench four years ago Mr. Manyhorse you were my first case and here we are again. Same charges, everything. Same plea. You can throw yourself on the mercy of the Court, you can throw yourself under a bus. I don't care. I am not fooling with you any more. I'm sentencing you to a year in jail."

    Mike stood. "Notice of Appeal, Your Honor."

    "So noted. Next case."

    Mike and I left the courthouse together.

    "Who put a burr up her ass?"

    "Hubert. All the judges are sick of him. Don't worry. He'll be out again soon and you can do it all over again. Just get his name right."

    #2
    How long did Mike last in the firm?

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      #3
      About another two months. Moved to a firm in Moriarty. Lasted about 3 months and, last I heard, was back in Arizona.

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        #4
        Did you already tell us about Ray?

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          #5
          Don't think so. Ray was the Managing Attorney. Also my great friend and mentor. Died in a motorcycle accident shortly after Mrs. House Cat.

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            #6
            Ugh

            How is the PD Office funded in NM?

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              #7
              It's a state agency funded by the state.

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                #8
                Any kind of long term guarantee, or do you need to fight for money every budget?

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                  #9
                  Originally posted by adams house cat View Post
                  Don't think so. Ray was the Managing Attorney. Also my great friend and mentor. Died in a motorcycle accident shortly after Mrs. House Cat.
                  Sorry to hear that. Maybe Ray needs his own chapter. Can reorder when you publish.

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                    #10
                    Always fighting for funding.

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                      #11
                      As I feared. That is the lot of all too many states.

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                        #12
                        As I understand it the same in every state. The public defenders are the bottom of the list when budgets are being decided. One of the reasons that is so difficult to keep good staff and contract attorneys.

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                          #13
                          There are states (like New York) that have a separate Legal Aid function with different function and/or much more robust pro bono cultures.

                          That only at best ameliorates the issue, but it is still something.

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                            #14
                            New Mexico uses contract attorneys. They usually handle PVs and misdemeanors because it isn't financially viable for them to do major cases.

                            It wouldn't have applied to Hubert but a major issue is getting the judges to set reasonable bail. By definition people who need a public defender don't have much money and I've lost count of the cases where my client pleaded guilty because they couldn't raise the bail.

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                              #15
                              That’s a problem across the country. I’ve done some work with the Brooklyn Community Bail Fund, whose Executive Director is a former colleague.

                              They are making a difference, but much more work is needed.

                              Comment


                                #16
                                I've heard of them. They do great work but, as you say, much more needs to be done. There is an initiative in California but I haven't researched it and don't know much about it.

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