Public Defense Reform
Bairefoot v. City of Beaufort et al
In South Carolina’s municipal courts today, defendants are prosecuted, convicted, and jailed without ever having a lawyer appointed to their case or even being advised of their right to counsel. Hundreds of these defendants who were deprived of counsel—including Tina Bairefoot, Dae’Quandrea Nelson, and Nathan Fox—have been and are incarcerated in local jails and state prisons every year. Cities and towns can decide whether they have municipal courts—they are optional—but if they decide to have them they must follow the Constitution, which includes the right to counsel.
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17 Public Defense Reform Cases
Missouri
Mar 2017
Public Defense Reform
Shondel Church, et al. v. State of Missouri, et al.
The American Civil Liberties Union and the ACLU of Missouri, along with the MacArthur Justice Center, and the law firm of Orrick, Herrington & Sutcliffe LLP, filed a class action lawsuit against the State of Missouri over its public defender office’s inability to provide adequate defense to poor people accused of crimes across the state, as required under the U.S. and Missouri Constitutions.
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Missouri
Mar 2017
Public Defense Reform
Shondel Church, et al. v. State of Missouri, et al.
The American Civil Liberties Union and the ACLU of Missouri, along with the MacArthur Justice Center, and the law firm of Orrick, Herrington & Sutcliffe LLP, filed a class action lawsuit against the State of Missouri over its public defender office’s inability to provide adequate defense to poor people accused of crimes across the state, as required under the U.S. and Missouri Constitutions.
California
Apr 2016
Public Defense Reform
Phillips v. State of California
The ACLU of Northern California, in partnership with ACLU National’s Criminal Law Reform Project and the firm Paul Hastings LLP, have filed a lawsuit against California, Governor Brown, and Fresno County seeking a writ of mandate and injunctive and declaratory relief to fix the county’s failing public defense system—which is supposed to provide a rigorous legal defense to people who are accused of crimes in Fresno and cannot afford to hire their own lawyer.
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California
Apr 2016
Public Defense Reform
Phillips v. State of California
The ACLU of Northern California, in partnership with ACLU National’s Criminal Law Reform Project and the firm Paul Hastings LLP, have filed a lawsuit against California, Governor Brown, and Fresno County seeking a writ of mandate and injunctive and declaratory relief to fix the county’s failing public defense system—which is supposed to provide a rigorous legal defense to people who are accused of crimes in Fresno and cannot afford to hire their own lawyer.
U.S. Supreme Court
Feb 2016
Public Defense Reform
Simmons v. Himmelreich
Whether a tort action against the federal government that is dismissed for reasons unrelated to the merits bars a subsequent action for the same tort against the responsible employee.
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U.S. Supreme Court
Feb 2016
Public Defense Reform
Simmons v. Himmelreich
Whether a tort action against the federal government that is dismissed for reasons unrelated to the merits bars a subsequent action for the same tort against the responsible employee.
Louisiana
Jan 2016
Public Defense Reform
Yarls v. Bunton
The ACLU Criminal Law Reform Project has filed a class action lawsuit on behalf of criminal defendants in Orleans Parish who are unable to afford an attorney. The suit attacks Louisiana’s chronic underfunding of its public defender system.
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Louisiana
Jan 2016
Public Defense Reform
Yarls v. Bunton
The ACLU Criminal Law Reform Project has filed a class action lawsuit on behalf of criminal defendants in Orleans Parish who are unable to afford an attorney. The suit attacks Louisiana’s chronic underfunding of its public defender system.