by Corrine Gunning, Assistant Appellate Defender

Gideon. You cannot work in the world of public defense long before you hear the name. It carries a weight and meaning that underlies everything we do. Public defender offices around the country boast photos of a slight, middle-aged man and celebrate Gideon day, week, or month.  We memorize the citation – 372 U.S. 335 – and may even boast swag. Gideon is our rallying cry, our reason, our purpose.

Gideon v. Wainwright, at its core, is the reason we exist. Each year, in addition to the office celebrations and joining with fellow defenders on social media to shout about our work, I try to do two things: (1) re-read Gideon and (2) re-read Gideon’s Trumpet – a book written about the case in 1964. They both help me reflect not only on what I am doing today as a public defender, but also to understand the history of the case and how it came to be in the first place. Amongst the celebrations, I wanted to share some of that history and reflect on how to fulfill the “promise” that Gideon holds.

by Heather Cessna, BIDS Executive Director

This month we celebrate a momentous occasion that is near and dear to our hearts – the anniversary of the landmark United States Supreme Court case of Gideon v. Wainwright!

I have always enjoyed telling non-public defenders the story of Clarence Gideon as the real life, modern version of a fairytale – the idea of a single individual standing up to the entire state apparatus that systematically denied him his basic rights, his willingness to not take no for an answer, the audacity to write a handwritten note to the highest court in the land to argue his constitutional issue, and the willingness of that court to take his argument seriously, and issue a unanimous declaration of a right that now seems so basic and obvious that it’s hard for us to remember a world where it did not exist. 

by Meryl Carver-Allmond, BIDS Training Director

It is unquestionable that Rick Kittel, who is retiring in early March, is a living legend among appellate defenders. But few know that he actually started his legal career in a prosecutor’s office. He sat down to talk with me about it all a few weeks ago.

by Korey Kaul, Appellate Defender

Over the past six months, I have had a couple of cases where the State has sought an upward durational departure based upon nonstatutory factors. For upward dispositional departures, the factors do not need to be set out in the statute. But, for upward durational departures, the State should only be allowed to use the factors explicitly set out in the statute. Here is why.

by Heather Cessna, BIDS Executive Director

This space in the newsletter was supposed to be reserved for giving everyone a preview of what the legislative session has in store for BIDS this Spring. But ironically, that legislative session took off on a dead run several weeks ago and shows no sign of stopping any time soon, so rather than a preview – here’s an update on what is currently in process for BIDS this session.

My main focus is our budget. Most specifically, our 3.9 million dollar request to put a full-agency pay scale readjustment into place to be able to provide better pay parity with prosecutor’s offices and with other comparable government salaries. The requested adjustment is for both our attorneys and all of our support staff. It is our number one priority this year, and the good news is, it seems that salary and wage issues across state agencies are a top priority for the Governor and legislature as well.