Defender’s Clients Merit Equal Court Treatment

Re “Stop the Legal Shenanigans,” editorial, Jan. 27: The public defender exists to ensure that indigents -- those who have been laid off or are eking out a subsistence-level existence -- will get a fair shot when they are accused of an offense. The Times expressed frustration that the public defender might be too successful, “trying to get defendants off the hook wholesale,” in properly raising legitimate legal issues on behalf of residents who are alleged to have been involved in misdemeanors. The mind-set of the newspaper seems to be that especially in these times, we cannot afford due process and fair treatment on behalf of city residents who are unable to retain private attorneys.

The L.A. City Charter provides that the city attorney must be qualified to practice in all the courts of the state, and must have been so qualified for at least five years immediately preceding his or her election. In order to comply with the City Charter, it is necessary for the candidates or the officeholder of the position of city attorney to at least fulfill the mandatory continuing legal education requirements demanded of lawyers in general, pay the necessary fees required and therefore be fully bound by all the stringent rules of professional conduct that apply to lawyers. Failure to do so calls into question the legitimacy of certain functions performed by such a defaulting person.

The editorial makes the claim that simply because trial-level judges have denied the initial attempts of the public defender to present a defense based on this issue, somehow the claims are frivolous. To my knowledge not one judge has ruled on the merits and rejected the defense effort entirely.

When The Times is not satisfied about a trial-level decision, it resorts to appellate or federal courts to protect 1st Amendment rights, purportedly on behalf of the public. I also represent a vast number of the public, hundreds of thousands of cases involving decent people who are accused by the city attorney as suspects in alleged misdemeanor offenses. I take it seriously; it is not frivolous; they have just as much right as The Times to due process.

Michael P. Judge

Public Defender

Los Angeles County