[Vision2020] Public Defender

DonaldH675@aol.com DonaldH675@aol.com
Tue, 6 Jan 2004 16:45:42 EST


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Paul Kimmell sent me the following email giving the time and place for a=20
discussion of the Public Defender discussion.  Although I will be snowy, I h=
ope=20
that some of you will be able to attend.  My response to Paul follows his em=
ail.=20
 I wanted to clarify the point that Greg Dickison is NOT the focus of my=20
concern, but rather the process of oversight and granting of contracts.
Rose Huskey
Rose:
I amended the agenda for Wednesday, January 7th, 11AM, BOCC Weekly, in Room=20
2B, to include a brief time for you to share your concerns with the Board. =20=
I=20
have also invited Mr. Dickison to attend since he is at the center of your=20
concerns.  I will have a copy of our current Public Defender contract and ot=
her=20
pertinent information available for you at the meeting.  Thanks again and be=
=20
careful around the courthouse =E2=80=93 the parking lots and sidewalks are s=
lippery.
Regards,
Paul Kimmell
Latah County Commissioner
Dear Paul,
Thank you for your speedy response to my concerns.  It seems to me that one=20
of the true benefits in living in Latah County is the accessibility and=20
willingness of the County Commissioners to provide a timely forum for local=20=
citizens=20
to bring forward issues that are worrisome.  I would like to clarify the=20
impression that I might have left with you.  Although Greg=E2=80=99s longing=
 for a=20
theocratic judiciary is of interest to me, it is not the focus of my attenti=
on at the=20
BOCC meeting.  (For example, I am repulsed by the view that I am =E2=80=9Cru=
led by God=20
hating tyrants=E2=80=9D but I certainly would not waste BOCC time with such=20=
a=20
complaint.  In a personal aside, although you are a church brother of Greg=
=E2=80=99s, I don=E2=80=99
t imagine that you characterize your public service in that manner.)
=20
I forwarded Greg=E2=80=99s Credenda Agenda remarks to the BOCC to illustrate=
 a broad=20
picture of the potential for problems down the road.  I cheerfully leave to=20
the BOCC as his employers, his professional colleagues, and the voters in La=
tah=20
County to assess his ability to separate private beliefs from the public=20
performance of his duties. I specifically did not, and do not now accuse him=
 of=20
wrong doing, or lackadaisical advocacy.  I have no data to support that poin=
t of=20
view, and do not make that claim.
=20
My focus rather, and the one that I hope will frame our discussion tomorrow=20
is what I perceive to be a lack of BOCC oversight in the current invoicing a=
nd=20
reporting of the work done by those who hold public defenders contracts.  My=
=20
understanding is that currently the P.D. contract holders submit a limited=20
case-coded summary of monthly work.  I am sure you will correct that impress=
ion if=20
I have been given incorrect information. =20
=20
In light of the recent scandals in Idaho, for example Mayor Cole=E2=80=99s m=
isuse of=20
public funds in Boise, and our own sad story at the University of Idaho, the=
=20
need for careful fiscal control and regular expense review is of the great=20
importance for elected officials holding the public trust.  In order to cond=
uct=20
careful oversight in Latah County you must be able to draw appropriate=20
conclusions about all services rendered.  It is the case that if a defendant=
 claimed=20
ineffectual counsel following the trial process, sloppy or incomplete record=
s=20
from his/her public defender might aid in substantiating the claim.  If the=20
accusation were found to be true, it could prove a costly error for Latah Co=
unty.=20
Why risk that possibility?  The Idaho State Legislature has addressed the=20
issue and providing a remedy that would aid in averting expensive legal batt=
les. =20
TITLE  19  CRIMINAL PROCEDURE
CHAPTER 8  EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED
19-864.  RECORDS OF DEFENSE ATTORNEY -- ANNUAL REPORT OF PUBLIC DEFENDER'S=20
OFFICE.=20
(a) A defending attorney shall keep appropriate records respecting each need=
y=20
person whom he represents under this act.
(b)  The public defender in those counties electing to establish and maintai=
n=20
such an office, shall submit an annual report to the board of county=20
commissioners showing the number of persons represented under this act, the=20=
crimes=20
involved, the outcome of each case, and the expenditures (totaled by kind) m=
ade=20
in carrying out the responsibilities imposed by this act. A copy of the repo=
rt=20
shall also be submitted to each court having criminal jurisdiction
in the counties that the program serves.

What judicious employer does not request regular, routine explanations of ho=
w=20
his/her employees spend their time and earn their salary?  What thoughtful=20
person doesn=E2=80=99t recognize that often the most educationally and finan=
cially=20
vulnerable citizens are the folks that use the services of the public defend=
ers=20
office?  What compassionate person does not consider our responsibility to m=
ake=20
certain that they enter the legal process on a level playing field?
Therefore, I will be asking the BOCC to adopt, as a minimum standard, the=20
above code to be submitted on a monthly basis as an addendum to current and=20
future P.D. contracts. It provides measurable obligations for the contract h=
older=20
while providing a useful management tool for the BOCC to assess job performa=
nce=20
and financial accountability.  I believe my request is fair and reasonable=20
and will not cause additional expense to the county. =20
=20
Sincerely,
Rosemary Huskey

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<BODY style=3D"FONT-SIZE: 10pt; FONT-FAMILY: Arial; BACKGROUND-COLOR: #fffff=
f"><FONT face=3D"Times New Roman" size=3D3>
<P class=3DMsoNormal><FONT face=3DGaramond color=3Dblue size=3D3><SPAN style=
=3D"FONT-SIZE: 12pt; COLOR: blue; FONT-FAMILY: Garamond">Paul Kimmell sent m=
e the following email giving the time and place for a discussion of the Publ=
ic Defender discussion.&nbsp; Although I will be snowy, I hope that some of=20=
you will be able to attend.&nbsp; My response to Paul follows his email.&nbs=
p; I wanted to clarify the point that Greg Dickison is NOT the focus of my c=
oncern, but rather the process of oversight and granting of contracts.</SPAN=
></FONT></P>
<P class=3DMsoNormal><FONT face=3DGaramond color=3Dblue size=3D3><SPAN style=
=3D"FONT-SIZE: 12pt; COLOR: blue; FONT-FAMILY: Garamond">Rose Huskey</SPAN><=
/FONT></P>
<P class=3DMsoNormal><FONT face=3DGaramond color=3Dblue size=3D3><SPAN style=
=3D"FONT-SIZE: 12pt; COLOR: blue; FONT-FAMILY: Garamond">Rose:</SPAN></FONT>=
</P>
<P class=3DMsoNormal><FONT face=3DGaramond color=3Dblue size=3D3><SPAN style=
=3D"FONT-SIZE: 12pt; COLOR: blue; FONT-FAMILY: Garamond">I amended the agend=
a for Wednesday, January 7<SUP>th</SUP>, </SPAN></FONT><FONT face=3DGaramond=
 color=3Dblue><SPAN style=3D"COLOR: blue; FONT-FAMILY: Garamond">11AM</SPAN>=
</FONT><FONT face=3DGaramond color=3Dblue><SPAN style=3D"COLOR: blue; FONT-F=
AMILY: Garamond">, BOCC Weekly, in Room 2B, to include a brief time for you=20=
to share your concerns with the Board.&nbsp; I have also invited Mr. Dickiso=
n to attend since he is at the center of your concerns.&nbsp; I will have a=20=
copy of our current Public Defender contract and other pertinent information=
 available for you at the meeting.&nbsp; Thanks again and be careful around=20=
the courthouse =E2=80=93 the parking lots and sidewalks are slippery.</SPAN>=
</FONT></P>
<P class=3DMsoNormal><FONT face=3DGaramond color=3Dblue size=3D3><SPAN style=
=3D"FONT-SIZE: 12pt; COLOR: blue; FONT-FAMILY: Garamond">Regards,</SPAN></FO=
NT></P>
<P class=3DMsoNormal><FONT face=3DGaramond color=3Dblue size=3D3><SPAN style=
=3D"FONT-SIZE: 12pt; COLOR: blue; FONT-FAMILY: Garamond">Paul Kimmell</SPAN>=
</FONT></P>
<P class=3DMsoNormal><FONT face=3DGaramond color=3Dblue size=3D3><SPAN style=
=3D"FONT-SIZE: 12pt; COLOR: blue; FONT-FAMILY: Garamond">Latah County Commis=
sioner</SPAN></FONT></P>
<P class=3DMsoNormal></FONT><FONT face=3D"Times New Roman" size=3D3>Dear Pau=
l,</FONT></P>
<P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><FONT face=3D"Times New R=
oman" size=3D3>Thank you for your speedy response to my concerns.<SPAN style=
=3D"mso-spacerun: yes">&nbsp; </SPAN>It seems to me that one of the true ben=
efits in living in <st1:place><st1:PlaceName>Latah</st1:PlaceName> <st1:Plac=
eType>County</st1:PlaceType></st1:place> is the accessibility and willingnes=
s of the <st1:place><st1:PlaceType>County</st1:PlaceType> <st1:PlaceName>Com=
missioners</st1:PlaceName></st1:place> to provide a timely forum for local c=
itizens to bring forward issues that are worrisome.<SPAN style=3D"mso-spacer=
un: yes">&nbsp; </SPAN>I would like to clarify the impression that I might h=
ave left with you.<SPAN style=3D"mso-spacerun: yes">&nbsp; </SPAN>Although G=
reg=E2=80=99s longing for a theocratic judiciary is of interest to me, it is=
 not the focus of my attention at the BOCC meeting.<SPAN style=3D"mso-spacer=
un: yes">&nbsp; </SPAN>(For example, I am repulsed by the view that I am=20=
=E2=80=9Cruled by God hating tyrants=E2=80=9D but I certainly would not wast=
e BOCC time with such a complaint.<SPAN style=3D"mso-spacerun: yes">&nbsp; <=
/SPAN>In a personal aside, although you are a church brother of Greg=E2=80=
=99s, I don=E2=80=99t imagine that you characterize your public service in t=
hat manner.)</FONT></P>
<P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><o:p><FONT face=3D"Times=20=
New Roman" size=3D3>&nbsp;</FONT></o:p></P>
<P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><FONT face=3D"Times New R=
oman" size=3D3>I forwarded Greg=E2=80=99s Credenda Agenda remarks to the BOC=
C to illustrate a broad picture of the potential for problems down the road.=
<SPAN style=3D"mso-spacerun: yes">&nbsp; </SPAN>I cheerfully leave to the BO=
CC as his employers, his professional colleagues, and the voters in <st1:pla=
ce><st1:PlaceName>Latah</st1:PlaceName> <st1:PlaceType>County</st1:PlaceType=
></st1:place> to assess his ability to separate private beliefs from the pub=
lic performance of his duties. I specifically did not, and do not now accuse=
 him of wrong doing, or lackadaisical advocacy.<SPAN style=3D"mso-spacerun:=20=
yes">&nbsp; </SPAN>I have no data to support that point of view, and do not=20=
make that claim.</FONT></P>
<P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><o:p><FONT face=3D"Times=20=
New Roman" size=3D3>&nbsp;</FONT></o:p></P>
<P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><FONT size=3D3><FONT face=
=3D"Times New Roman">My focus rather, and the one that I hope will frame our=
 discussion tomorrow is what I perceive to be a lack of BOCC oversight in th=
e current invoicing and reporting of the work done by those who hold public=20=
defenders contracts.<SPAN style=3D"mso-spacerun: yes">&nbsp; </SPAN>My under=
standing is that currently the P.D. contract holders submit a limited case-c=
oded summary of monthly work.<SPAN style=3D"mso-spacerun: yes">&nbsp; </SPAN=
>I am sure you will correct that impression if I have been given incorrect i=
nformation.<SPAN style=3D"mso-spacerun: yes">&nbsp; </SPAN></FONT></FONT></P=
>
<P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><o:p><FONT face=3D"Times=20=
New Roman" size=3D3>&nbsp;</FONT></o:p></P>
<P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><FONT size=3D3><FONT face=
=3D"Times New Roman">In light of the recent scandals in <st1:State><st1:plac=
e>Idaho</st1:place></st1:State>, for example Mayor Cole=E2=80=99s misuse of=20=
public funds in <st1:City><st1:place>Boise</st1:place></st1:City>, and our o=
wn sad story at the University of Idaho, the need for careful fiscal control=
 and regular expense review is of the great importance for elected officials=
 holding the public trust.<SPAN style=3D"mso-spacerun: yes">&nbsp; </SPAN>In=
 order to conduct careful oversight in <st1:place><st1:PlaceName>Latah</st1:=
PlaceName> <st1:PlaceType>County</st1:PlaceType></st1:place> you must be abl=
e to draw appropriate conclusions about all services rendered.<SPAN style=
=3D"mso-spacerun: yes">&nbsp; </SPAN>It is the case that if a defendant clai=
med ineffectual counsel following the trial process, sloppy or incomplete re=
cords from his/her public defender might aid in substantiating the claim. <S=
PAN style=3D"mso-spacerun: yes">&nbsp;</SPAN>If the accusation were found to=
 be true, it could prove a costly error for <st1:place><st1:PlaceName>Latah<=
/st1:PlaceName> <st1:PlaceType>County</st1:PlaceType></st1:place>. Why risk=20=
that possibility?<SPAN style=3D"mso-spacerun: yes">&nbsp; </SPAN>The Idaho S=
tate Legislature has addressed the issue and providing a remedy that would a=
id in averting expensive legal battles.<SPAN style=3D"mso-spacerun: yes">&nb=
sp; </SPAN></FONT></FONT></P><o:p><FONT face=3D"Times New Roman" size=3D3>
<P class=3DMsoNormal align=3Dleft><FONT face=3DArial size=3D3><SPAN style=
=3D"FONT-SIZE: 10pt; FONT-FAMILY: Arial">TITLE&nbsp; 19 &nbsp;CRIMINAL PROCE=
DURE<BR>CHAPTER 8&nbsp; EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF A=
CCUSED<BR>19-864.&nbsp; RECORDS OF DEFENSE ATTORNEY -- ANNUAL REPORT OF PUBL=
IC DEFENDER'S OFFICE. </SPAN></FONT></P>
<P class=3DMsoNormal align=3Dleft><FONT face=3DArial size=3D3><SPAN style=
=3D"FONT-SIZE: 10pt; FONT-FAMILY: Arial">(a) A defending attorney shall keep=
 appropriate records respecting each needy person whom he represents under t=
his act.<BR>(b)&nbsp; The public defender in those counties electing to esta=
blish and maintain such an office, shall submit an annual report to the boar=
d of county commissioners showing the number of persons represented under th=
is act, the crimes involved, the outcome of each case, and the expenditures=20=
(totaled by kind) made in carrying out the responsibilities imposed by this=20=
act. A copy of the report shall also be submitted to each court having crimi=
nal jurisdiction<BR>in the counties that the program serves.<BR></SPAN></FON=
T></FONT></o:p><FONT face=3D"Times New Roman" size=3D3></FONT></P>
<P class=3DMsoNormal align=3Dleft><FONT face=3D"Times New Roman" size=3D3>Wh=
at judicious employer does not request regular, routine explanations of how=20=
his/her employees spend their time and earn their salary?<SPAN style=3D"mso-=
spacerun: yes">&nbsp; </SPAN>What thoughtful person doesn=E2=80=99t recogniz=
e that often the most educationally and financially vulnerable citizens are=20=
the folks that use the services of the public defenders office?<SPAN style=
=3D"mso-spacerun: yes">&nbsp; </SPAN>What compassionate person does not cons=
ider our responsibility to make certain that they enter the legal process on=
 a level playing field?</FONT></P>
<P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><FONT size=3D3><FONT face=
=3D"Times New Roman">Therefore, I will be asking the BOCC to adopt, as a min=
imum standard, the&nbsp;above code to be submitted on a monthly basis as an=20=
addendum to current and future P.D. contracts. It provides measurable obliga=
tions for the contract holder while providing a useful management tool for t=
he BOCC to assess job performance and financial accountability.<SPAN style=
=3D"mso-spacerun: yes">&nbsp; </SPAN>I believe my request is fair and reason=
able and will not cause additional expense to the county.<SPAN style=3D"mso-=
spacerun: yes">&nbsp; </SPAN></FONT></FONT></P>
<P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><o:p><FONT face=3D"Times=20=
New Roman" size=3D3>&nbsp;</FONT></o:p></P>
<P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><FONT face=3D"Times New R=
oman" size=3D3>Sincerely,</FONT></P>
<P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><FONT face=3D"Times New R=
oman" size=3D3>Rosemary Huskey</FONT></P></BODY></HTML>

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