[Vision2020] Public Defender Religious Issues

[Saundra Lund]

Debbie Gray <dgray@uidaho.edu> wrote:
"He addressed his beliefs and how they conflicted with the legal system, but
then further discussed how he is able to operate within the legal system and
supports his clients to his highest abilities. Why are people not content
with this answer? Do any of you have proof otherwise? Doesn't anyone see
this veering dangerously close to 'witch hunt land'?"

Well, it seems to me there are (at least) two issues here.  One issue is
accountability for how the public defender system works -- or doesn't work
-- in Latah County and how wisely our tax dollars are spent.  Public
defenders are a crucial part of the checks and balances of the criminal
justice system; for any who doubt this, I challenge you to read some history
about judicial system failures before Gideon v. Wainwright in 1963.

Since public defense is such an important part of the criminal justice
system and funded by us, the taxpayers, we have not only the right, but also
the *obligation*, to ensure that those dollars are wisely spent.  I
appreciate Ms. Huskey's questions because it got me thinking about justice
in *our* community, and I'm concerned about what appears to be a lack of
accountability for how my tax dollars are spent.

For instance, I want to know what makes a public defender in Latah County,
Idaho "worth" about $77,000 a year while a state of California PD in Los
Angeles only makes $38,000-86,000 per year?

I also want to know on what basis contracts are awarded?  It seems to me
that even in Latah County (perhaps *especially* in Latah County) skills and
qualifications, rather than simply lowest bid, would factor into the
decision.  If it is truly nothing more than low bid, I think we need to
address that because cheapest isn't always the best use of tax dollars.

And, once a contract is awarded, how is performance monitored to ensure not
only that we're getting what we're paying for, but also that the contract
employees are doing a good job?  Why has Latah County not (voluntarily)
adopted Idaho Code 19-864?  Seems to me to be a reasonable safeguard for our
tax dollars that would also help monitor the performance of public
defenders, particularly in the case of contract employees.  How much
face-to-face time is the public defender spending with clients?  What
percentage of what kind of cases are pleaded out rather than tried?  How
many clients a year receive PD services?  I have other questions, but I'll
stop there for now  :-)

A second issue is whether or not a person's strongly held religious beliefs
are interfering with the job they are paid to do.  Mr. Fox raised
interesting questions, I think, as did Ms. Huskey.  Ms. Gray, you were
impressed with Mr. Dickison's response, and I'll admit that it mostly
*sounded* good . . . but I'd expect nothing less from a lawyer  ;-)  Even in
that prepared response, though, I was less than satisfied.

Sometimes the most genuine, or telling, information comes from
extemporaneous comments and writings other than to persuade.  Ms. Huskey has
given us some examples, and I've done some further reading of Mr. Dickison's
_Credenda/Agenda_ articles.  While they don't apply to his contract
position, they do raise some yellow flags in my mind.

But, perhaps I'm biased because I'll admit that something Mr. Dickison wrote
in this forum quite awhile ago, before I knew anything at all about him
other than he was a local attorney, concerned me.  In response to an open
invitation to attend Palouse Pride 2002, Mr. Dickison wrote the following to
Vision 2020 on 7/20/2002:
"In my line of work I come into regular contact with both heterosexuals and
homosexuals who are in legal trouble because they are drunks, drug addicts,
theives, burglars, rapists, robbers, brawlers, and even killers. I help them
seek mercy from the court, and I hope they find ultimate and eternal mercy
from the Lord. I think they would tell you that I have treated them with
common courtesy and politeness."

Hmmm . . . I remember my jaw dropping when I read Mr. Dickison's description
of his clients.  Perhaps I'm reading too much into Mr. Dickinson's words,
but what jumped out at me was his apparent presumption of the *guilt* of
those he represents (shades of the same were in his recent Vision 2020
defense), otherwise they wouldn't need his help seeking "mercy" from the
court.  Fortunately, I've never needed the services of a public defender . .
. nor a criminal attorney  :-)  But, it seems to me that should I need such
services, I'd want that person to be my advocate to make sure that my rights
are protected, that procedural safeguards are followed, and that justice,
rather than "mercy, " is sought.  A "vigorous defense" is what comes
forefront to my mind

As for common courtesy & politeness . . . yeah, right, OK, so he treats his
clients (whom he is *handsomely* paid to represent) as human beings.
Imagine that!  Personally, I don't think treating a stranger on the street
with basic human dignity is something to crow about, much less when one is
talking about people the *taxpayers* pay him very well to represent.  But,
hey -- Mr. Dickison thinks he deserves kudos for civility, I'm sure someone
will give it to him.  It won't be me, though, particularly given the fact
that Mr. Dickison has stated in this forum that, "the proper use of an
epithet here and there can make the point very well. This modern trend
toward rhetorical panty-waistedness is not a good thing."

As for your acceptance of Mr. Dickison's claim that he does his best for his
clients, for the sake of those he's represented, I *sincerely* hope that
your acceptance is founded.  However, I can't feel as secure because Mr.
Dickison found it necessary to add, "If anything, I am more careful with a
homosexual client, because I don't want to give any occasion for people to
make silly accusations."  Is it his fear of "silly accusations" that
convinces him he should try to treat those with different thoughts,
opinions, and belief systems appropriately?  And, would it be a "silly
accusation" if a client took exception to an epithet used to make his point?

And, who's to say that Mr. Dickinson's best is good enough for the money we
shell out?  Even if we accept Mr. Dickison's claim that he does *his* best,
if the contracts are awarded *solely* on the basis of the lowest bid without
further qualifications, that's not saying a whole lot about what we're
getting for our tax dollars.  I mean no disrespect to any lawyers out there,
but I've known more than a couple of folks who went to law school and passed
the Bar who'd never get a dime of my hard-earned money and whom shouldn't be
making money off the tax payers, either.

I think that puts us right back to the first issue:  the apparent lack of
accountability of the public defender system in Latah County.  If we had
accountability in Latah County with respect to public defenders, the
discussion of Mr. Dickison's job performance would be moot, I think.

JMHO from one with relatives who prayed, probably daily and perhaps even
hourly, that I'd see the error of my ways when I matured . . . and are now
turning over in their graves due to my advanced <g> age without
enlightenment  :-)))
Saundra Lund
Moscow, ID

The only thing necessary for the triumph of evil is for good people to do
nothing.
-Edmund Burke 

-----Original Message-----
From: vision2020-admin@moscow.com [mailto:vision2020-admin@moscow.com] On
Behalf Of Debbie Gray
Sent: Tuesday, January 06, 2004 4:28 PM
To: Vision 2020
Subject: Re: [Vision2020] Public Defender Religious Issues


While I do not agree with Mr. Dickison's beliefs, I respect his very
professional answer to this forum. He addressed his beliefs and how they
conflicted with the legal system, but then further discussed how he is
able to operate within the legal system and supports his clients to
his highest abilities. Why are people not content with this answer? Do any
of you have proof otherwise? Doesn't anyone see this veering dangerously
close to 'witch hunt land'?

We all work every single day with people whose personal beliefs may
aggravate, offend or deeply hurt us. Unless someone has concrete proof
(and sufficient amounts of it), I think this topic is ridiculous.

How different would it be if this were an Islamic public defender? A
lesbian Mormon public defender (now talk about a minority!)? A black
atheist public defender? A transgendered Wicken public defender?

I've seen the pitiful assumptions and reactions that can come from people
equating a person's job with that person's personal life (eg. All Cops are
Wife Beating Nazi Rednecks Who Live to Racially Profile and Beat Everyone
and Harass Innocent People with Pesky Speeding Tickets) and it's just one
more way for people to simplify and categorize the 'others' we know
instead of seeing them as people with varied interests, personalities,
beliefs, etc.

While I am glad the commissioner's are responding to the other valid
concerns Rose has about billing/accountability, I think the concerns about
how Mr. Dickison's beliefs and professional life are way off base.

Debbie Gray

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  Debbie Gray      dgray@uidaho.edu      http://www.uidaho.edu/~dgray/
  We must be willing to get rid of the life we've planned, so as to
  have the life that is waiting for us." --Joseph Campbell
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