[Vision2020] Public Defender Religious Issues

Art Deco deco@moscow.com
Tue, 6 Jan 2004 16:07:57 -0800


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An interesting public policy issue arises when an advocate's religious =
beliefs conflict with his advocacy duties under the law and the ethical =
canons of the state bar.

Consider the case of Mr. Dickison, his writings, and the following quote =
from Steve Wilkins (a fellow traveler of cult leader Douglas Wilson and =
with whom Mr. Dickison appears to share the belief quoted below):

The Danger of False Patriotism
by Rev. Steve Wilkins

We are not Americans first and Christians second.  We are Christians =
first
and foremost, and our supreme allegiance is always to Christ the Lord.
http://derekdf79.tripod.com/FalsePatriotism.htm

What happens when an advocate, who believes in the above quote, is faced =
with defending a person whom the advocate knows or very strongly =
believes to be guilty not only of a breach of secular law but of some =
religious ethical principle?

Should the advocate:

1.    Put up the best legal defense possible under the circumstances and =
possibly let a guilty person escape punishment,
2.    Urge the defendant to confess his sins, accept Christ as his =
alleged savior, and take his punishment, or if the defendant refuses =
then
3.    State to the court that because of the advocate's religious =
beliefs, he is unable to defend a client whom he believes is both guilty =
and a sinner?

Remember the question is posed in the context of Wilkins' quote.

Wayne Fox

----- Original Message -----=20
  From: DonaldH675@aol.com=20
  To: vision2020@moscow.com ; pkimmell@latah.id.us ; jnelson@latah.id.us =
; tstroschein@latah.id.us ; bocc@latah.id.us ; rrausch@latah.id.us=20
  Cc: gcdickison@moscow.com=20
  Sent: Tuesday, January 06, 2004 1:45 PM
  Subject: [Vision2020] Public Defender


  Paul Kimmell sent me the following email giving the time and place for =
a discussion of the Public Defender discussion.  Although I will be =
snowy, I hope that some of you will be able to attend.  My response to =
Paul follows his email.  I wanted to clarify the point that Greg =
Dickison is NOT the focus of my 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 2B, to include a brief time for you to share your concerns with the =
Board.  I have also invited Mr. Dickison to attend since he is at the =
center of your concerns.  I will have a copy of our current Public =
Defender contract and other pertinent information available for you at =
the meeting.  Thanks again and be careful around the courthouse =
=E2=80=93 the parking lots and sidewalks are slippery.

  Regards,

  Paul Kimmell

  Latah County Commissioner

  Dear Paul,

  Thank you for your speedy response to my concerns.  It seems to me =
that one of the true benefits in living in Latah County is the =
accessibility and willingness of the County Commissioners to provide a =
timely forum for local citizens to bring forward issues that are =
worrisome.  I would like to clarify the impression that I might have =
left with you.  Although Greg=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.  (For example, I am repulsed by the view that I am =
=E2=80=9Cruled by God hating tyrants=E2=80=9D but I certainly would not =
waste BOCC time with such a complaint.  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 that manner.)

  =20

  I forwarded Greg=E2=80=99s Credenda Agenda remarks to the BOCC to =
illustrate a broad picture of the potential for problems down the road.  =
I cheerfully leave to the BOCC as his employers, his professional =
colleagues, and the voters in Latah County to assess his ability to =
separate private beliefs from the public performance of his duties. I =
specifically did not, and do not now accuse him of wrong doing, or =
lackadaisical advocacy.  I have no data to support that point of view, =
and do not make that claim.

  =20

  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 the =
current invoicing and reporting of the work done by those who hold =
public defenders contracts.  My understanding is that currently the P.D. =
contract holders submit a limited case-coded summary of monthly work.  I =
am sure you will correct that impression if I have been given incorrect =
information. =20

  =20

  In light of the recent scandals in Idaho, for example Mayor =
Cole=E2=80=99s misuse of public funds in Boise, and our own 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.  In order to conduct careful oversight in Latah County =
you must be able to draw appropriate conclusions about all services =
rendered.  It is the case that if a defendant claimed ineffectual =
counsel following the trial process, sloppy or incomplete records from =
his/her public defender might aid in substantiating the claim.  If the =
accusation were found to be true, it could prove a costly error for =
Latah County. Why risk that possibility?  The Idaho State Legislature =
has addressed the issue and providing a remedy that would aid in =
averting expensive legal battles. =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 OFFICE.=20

  (a) A defending attorney shall keep appropriate records respecting =
each needy person whom he represents under this act.
  (b)  The public defender in those counties electing to establish and =
maintain such an office, shall submit an annual report to the board of =
county commissioners showing the number of persons represented under =
this act, the crimes involved, the outcome of each case, and the =
expenditures (totaled by kind) made in carrying out the responsibilities =
imposed by this act. A copy of the report 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 how his/her employees spend their time and earn their salary?  What =
thoughtful person doesn=E2=80=99t recognize that often the most =
educationally and financially vulnerable citizens are the folks that use =
the services of the public defenders office?  What compassionate person =
does not consider our responsibility to make 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 above code to be submitted on a monthly basis as an addendum to =
current and future P.D. contracts. It provides measurable obligations =
for the contract holder while providing a useful management tool for the =
BOCC to assess job performance and financial accountability.  I believe =
my request is fair and reasonable and will not cause additional expense =
to the county. =20

  =20

  Sincerely,

  Rosemary Huskey

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<DIV><FONT face=3D"Arial Narrow">An interesting public policy issue =
arises when an=20
advocate's religious beliefs conflict with his advocacy duties under the =
law and=20
the ethical canons of the state bar.</FONT></DIV>
<DIV><FONT face=3D"Arial Narrow"></FONT>&nbsp;</DIV>
<DIV><FONT face=3D"Arial Narrow">Consider&nbsp;the case of Mr. Dickison, =
his=20
writings, and the following quote from Steve Wilkins (a fellow traveler =
of cult=20
leader Douglas Wilson and with whom Mr. Dickison appears to share the =
belief=20
quoted below):</FONT></DIV>
<DIV><FONT face=3D"Arial Narrow"></FONT>&nbsp;</DIV>
<DIV>The Danger of False Patriotism<BR>by Rev. Steve Wilkins<BR><BR>We =
are not=20
Americans first and Christians second.&nbsp; We are Christians =
first<BR>and=20
foremost, and our supreme allegiance is always to Christ the Lord.<BR><A =

href=3D"http://derekdf79.tripod.com/FalsePatriotism.htm">http://derekdf79=
.tripod.com/FalsePatriotism.htm</A></DIV>
<DIV><FONT face=3D"Arial Narrow"></FONT>&nbsp;</DIV>
<DIV><FONT face=3D"Arial Narrow">What happens when an advocate, who =
believes in=20
the above quote, is faced with defending a person whom the advocate =
knows or=20
very strongly believes to be guilty not only of a breach of secular law =
but of=20
some religious ethical principle?</FONT></DIV>
<DIV><FONT face=3D"Arial Narrow"></FONT>&nbsp;</DIV>
<DIV><FONT face=3D"Arial Narrow">Should the advocate:</FONT></DIV>
<DIV><FONT face=3D"Arial Narrow"></FONT>&nbsp;</DIV>
<DIV><FONT face=3D"Arial Narrow">1.&nbsp;&nbsp;&nbsp; Put up the best =
legal=20
defense possible under the circumstances and possibly let a guilty =
person escape=20
punishment,</FONT></DIV>
<DIV><FONT face=3D"Arial Narrow">2.&nbsp;&nbsp;&nbsp; Urge the defendant =
to=20
confess his sins, accept Christ as his alleged savior, and take his =
punishment,=20
or if the defendant refuses then</FONT></DIV>
<DIV><FONT face=3D"Arial Narrow">3.&nbsp;&nbsp;&nbsp; State to the court =
that=20
because of&nbsp;the advocate's&nbsp;religious beliefs, he is unable to =
defend a=20
client whom he believes is both guilty and a sinner?</FONT></DIV>
<DIV><FONT face=3D"Arial Narrow"></FONT>&nbsp;</DIV>
<DIV><FONT face=3D"Arial Narrow">Remember the question is posed in the =
context of=20
Wilkins' quote.</FONT></DIV>
<DIV><FONT face=3D"Arial Narrow"></FONT>&nbsp;</DIV>
<DIV><FONT face=3D"Arial Narrow">Wayne Fox</FONT></DIV>
<DIV>&nbsp;</DIV>
<DIV>----- Original Message ----- </DIV>
<BLOCKQUOTE dir=3Dltr=20
style=3D"PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; =
BORDER-LEFT: #000000 2px solid; MARGIN-RIGHT: 0px">
  <DIV=20
  style=3D"BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: =
black"><B>From:</B>=20
  <A title=3DDonaldH675@aol.com=20
  href=3D"mailto:DonaldH675@aol.com">DonaldH675@aol.com</A> </DIV>
  <DIV style=3D"FONT: 10pt arial"><B>To:</B> <A =
title=3Dvision2020@moscow.com=20
  href=3D"mailto:vision2020@moscow.com">vision2020@moscow.com</A> ; <A=20
  title=3Dpkimmell@latah.id.us=20
  href=3D"mailto:pkimmell@latah.id.us">pkimmell@latah.id.us</A> ; <A=20
  title=3Djnelson@latah.id.us=20
  href=3D"mailto:jnelson@latah.id.us">jnelson@latah.id.us</A> ; <A=20
  title=3Dtstroschein@latah.id.us=20
  href=3D"mailto:tstroschein@latah.id.us">tstroschein@latah.id.us</A> ; =
<A=20
  title=3Dbocc@latah.id.us =
href=3D"mailto:bocc@latah.id.us">bocc@latah.id.us</A> ;=20
  <A title=3Drrausch@latah.id.us=20
  href=3D"mailto:rrausch@latah.id.us">rrausch@latah.id.us</A> </DIV>
  <DIV style=3D"FONT: 10pt arial"><B>Cc:</B> <A =
title=3Dgcdickison@moscow.com=20
  href=3D"mailto:gcdickison@moscow.com">gcdickison@moscow.com</A> </DIV>
  <DIV style=3D"FONT: 10pt arial"><B>Sent:</B> Tuesday, January 06, 2004 =
1:45=20
  PM</DIV>
  <DIV style=3D"FONT: 10pt arial"><B>Subject:</B> [Vision2020] Public=20
  Defender</DIV>
  <DIV><BR></DIV><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=20
  me the following email giving the time and place for a discussion of =
the=20
  Public Defender discussion.&nbsp; Although I will be snowy, I hope =
that some=20
  of you will be able to attend.&nbsp; My response to Paul follows his=20
  email.&nbsp; I wanted to clarify the point that Greg Dickison is NOT =
the focus=20
  of my concern, but rather the process of oversight and granting of=20
  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=20
  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=20
  agenda for Wednesday, January 7<SUP>th</SUP>, </SPAN></FONT><FONT=20
  face=3DGaramond color=3Dblue><SPAN=20
  style=3D"COLOR: blue; FONT-FAMILY: Garamond">11AM</SPAN></FONT><FONT=20
  face=3DGaramond color=3Dblue><SPAN style=3D"COLOR: blue; FONT-FAMILY: =
Garamond">,=20
  BOCC Weekly, in Room 2B, to include a brief time for you to share your =

  concerns with the Board.&nbsp; I have also invited Mr. Dickison to =
attend=20
  since he is at the center of your concerns.&nbsp; I will have a copy =
of our=20
  current Public Defender contract and other pertinent information =
available for=20
  you at the meeting.&nbsp; Thanks again and be careful around the =
courthouse =E2=80=93=20
  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></FONT></P>
  <P class=3DMsoNormal><FONT face=3DGaramond color=3Dblue size=3D3><SPAN =

  style=3D"FONT-SIZE: 12pt; COLOR: blue; FONT-FAMILY: Garamond">Paul=20
  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=20
  Commissioner</SPAN></FONT></P>
  <P class=3DMsoNormal></FONT><FONT face=3D"Times New Roman" =
size=3D3>Dear=20
  Paul,</FONT></P>
  <P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><FONT face=3D"Times =
New Roman"=20
  size=3D3>Thank you for your speedy response to my concerns.<SPAN=20
  style=3D"mso-spacerun: yes">&nbsp; </SPAN>It seems to me that one of =
the true=20
  benefits in living in <st1:place><st1:PlaceName>Latah</st1:PlaceName>=20
  <st1:PlaceType>County</st1:PlaceType></st1:place> is the accessibility =
and=20
  willingness of the <st1:place><st1:PlaceType>County</st1:PlaceType>=20
  <st1:PlaceName>Commissioners</st1:PlaceName></st1:place> to provide a =
timely=20
  forum for local citizens to bring forward issues that are =
worrisome.<SPAN=20
  style=3D"mso-spacerun: yes">&nbsp; </SPAN>I would like to clarify the =
impression=20
  that I might have left with you.<SPAN style=3D"mso-spacerun: =
yes">&nbsp;=20
  </SPAN>Although Greg=E2=80=99s longing for a theocratic judiciary is =
of interest to=20
  me, it is not the focus of my attention at the BOCC meeting.<SPAN=20
  style=3D"mso-spacerun: yes">&nbsp; </SPAN>(For example, I am repulsed =
by the=20
  view that I am =E2=80=9Cruled by God hating tyrants=E2=80=9D but I =
certainly would not waste=20
  BOCC time with such a complaint.<SPAN style=3D"mso-spacerun: =
yes">&nbsp;=20
  </SPAN>In a personal aside, although you are a church brother of =
Greg=E2=80=99s, I=20
  don=E2=80=99t imagine that you characterize your public service in =
that=20
  manner.)</FONT></P>
  <P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><o:p><FONT=20
  face=3D"Times New Roman" size=3D3>&nbsp;</FONT></o:p></P>
  <P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><FONT face=3D"Times =
New Roman"=20
  size=3D3>I forwarded Greg=E2=80=99s Credenda Agenda remarks to the =
BOCC to illustrate a=20
  broad picture of the potential for problems down the road.<SPAN=20
  style=3D"mso-spacerun: yes">&nbsp; </SPAN>I cheerfully leave to the =
BOCC as his=20
  employers, his professional colleagues, and the voters in=20
  <st1:place><st1:PlaceName>Latah</st1:PlaceName>=20
  <st1:PlaceType>County</st1:PlaceType></st1:place> to assess his =
ability to=20
  separate private beliefs from the public performance of his duties. I=20
  specifically did not, and do not now accuse him of wrong doing, or=20
  lackadaisical advocacy.<SPAN style=3D"mso-spacerun: yes">&nbsp; =
</SPAN>I have no=20
  data to support that point of view, and do not make that =
claim.</FONT></P>
  <P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><o:p><FONT=20
  face=3D"Times New Roman" size=3D3>&nbsp;</FONT></o:p></P>
  <P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><FONT =
size=3D3><FONT=20
  face=3D"Times New Roman">My focus rather, and the one that I hope will =
frame our=20
  discussion tomorrow is what I perceive to be a lack of BOCC oversight =
in the=20
  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 =

  understanding is that currently the P.D. contract holders submit a =
limited=20
  case-coded summary of monthly work.<SPAN style=3D"mso-spacerun: =
yes">&nbsp;=20
  </SPAN>I am sure you will correct that impression if I have been given =

  incorrect information.<SPAN style=3D"mso-spacerun: yes">&nbsp;=20
  </SPAN></FONT></FONT></P>
  <P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><o:p><FONT=20
  face=3D"Times New Roman" size=3D3>&nbsp;</FONT></o:p></P>
  <P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><FONT =
size=3D3><FONT=20
  face=3D"Times New Roman">In light of the recent scandals in=20
  <st1:State><st1:place>Idaho</st1:place></st1:State>, for example Mayor =
Cole=E2=80=99s=20
  misuse of public funds in =
<st1:City><st1:place>Boise</st1:place></st1:City>,=20
  and our own sad story at the University of Idaho, the need for careful =
fiscal=20
  control and regular expense review is of the great importance for =
elected=20
  officials holding the public trust.<SPAN style=3D"mso-spacerun: =
yes">&nbsp;=20
  </SPAN>In order to conduct careful oversight in=20
  <st1:place><st1:PlaceName>Latah</st1:PlaceName>=20
  <st1:PlaceType>County</st1:PlaceType></st1:place> you must be able to =
draw=20
  appropriate conclusions about all services rendered.<SPAN=20
  style=3D"mso-spacerun: yes">&nbsp; </SPAN>It is the case that if a =
defendant=20
  claimed ineffectual counsel following the trial process, sloppy or =
incomplete=20
  records from his/her public defender might aid in substantiating the =
claim.=20
  <SPAN style=3D"mso-spacerun: yes">&nbsp;</SPAN>If the accusation were =
found to=20
  be true, it could prove a costly error for=20
  <st1:place><st1:PlaceName>Latah</st1:PlaceName>=20
  <st1:PlaceType>County</st1:PlaceType></st1:place>. Why risk that=20
  possibility?<SPAN style=3D"mso-spacerun: yes">&nbsp; </SPAN>The Idaho =
State=20
  Legislature has addressed the issue and providing a remedy that would =
aid in=20
  averting expensive legal battles.<SPAN style=3D"mso-spacerun: =
yes">&nbsp;=20
  </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=20
  style=3D"FONT-SIZE: 10pt; FONT-FAMILY: Arial">TITLE&nbsp; 19 =
&nbsp;CRIMINAL=20
  PROCEDURE<BR>CHAPTER 8&nbsp; EXAMINATION OF CASE AND DISCHARGE OR =
COMMITMENT=20
  OF ACCUSED<BR>19-864.&nbsp; RECORDS OF DEFENSE ATTORNEY -- ANNUAL =
REPORT OF=20
  PUBLIC DEFENDER'S OFFICE. </SPAN></FONT></P>
  <P class=3DMsoNormal align=3Dleft><FONT face=3DArial size=3D3><SPAN=20
  style=3D"FONT-SIZE: 10pt; FONT-FAMILY: Arial">(a) A defending attorney =
shall=20
  keep appropriate records respecting each needy person whom he =
represents under=20
  this act.<BR>(b)&nbsp; The public defender in those counties electing =
to=20
  establish and maintain such an office, shall submit an annual report =
to the=20
  board of county commissioners showing the number of persons =
represented under=20
  this 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 =

  criminal jurisdiction<BR>in the counties that the program=20
  serves.<BR></SPAN></FONT></FONT></o:p><FONT face=3D"Times New Roman"=20
  size=3D3></FONT></P>
  <P class=3DMsoNormal align=3Dleft><FONT face=3D"Times New Roman" =
size=3D3>What=20
  judicious employer does not request regular, routine explanations of =
how=20
  his/her employees spend their time and earn their salary?<SPAN=20
  style=3D"mso-spacerun: yes">&nbsp; </SPAN>What thoughtful person =
doesn=E2=80=99t=20
  recognize that often the most educationally and financially vulnerable =

  citizens are the folks that use the services of the public defenders=20
  office?<SPAN style=3D"mso-spacerun: yes">&nbsp; </SPAN>What =
compassionate person=20
  does not consider our responsibility to make certain that they enter =
the legal=20
  process on a level playing field?</FONT></P>
  <P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><FONT =
size=3D3><FONT=20
  face=3D"Times New Roman">Therefore, I will be asking the BOCC to =
adopt, as a=20
  minimum 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=20
  obligations for the contract holder while providing a useful =
management tool=20
  for the BOCC to assess job performance and financial =
accountability.<SPAN=20
  style=3D"mso-spacerun: yes">&nbsp; </SPAN>I believe my request is fair =
and=20
  reasonable and will not cause additional expense to the county.<SPAN=20
  style=3D"mso-spacerun: yes">&nbsp; </SPAN></FONT></FONT></P>
  <P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><o:p><FONT=20
  face=3D"Times New Roman" size=3D3>&nbsp;</FONT></o:p></P>
  <P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><FONT face=3D"Times =
New Roman"=20
  size=3D3>Sincerely,</FONT></P>
  <P class=3DMsoNormal style=3D"MARGIN: 0in 0in 0pt"><FONT face=3D"Times =
New Roman"=20
  size=3D3>Rosemary Huskey</FONT></P></BLOCKQUOTE></BODY></HTML>

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