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SF Public Defender’s Office.  “There are a thousand ways that things can go wrong when you’ve got a patient with a stab wound. But everyone involved.

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Presentation on theme: "SF Public Defender’s Office.  “There are a thousand ways that things can go wrong when you’ve got a patient with a stab wound. But everyone involved."— Presentation transcript:

1 SF Public Defender’s Office

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3  “There are a thousand ways that things can go wrong when you’ve got a patient with a stab wound. But everyone involved got almost every step right – the head-to-toe examination, the careful tracking of the patient’s blood pressure and pulse and rate of breathing, the monitoring of his consciousness, the fluids run in by IV, the call to the blood bank to have blood ready, the placement of a urinary catheter to make sure his urine was running clear, everything. Except no one remembered to ask the patient or the emergency medical technicians what the weapon was.”

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7  Interview youth immediately or at latest the evening before court – Meet ASAP!  CARC interviews – Be on time! Youth must meet with probation immediately after  Identify yourself - Be sure to clarify that you are not part of the probation/detention/law enforcement staff  Inform that communications with attorney are confidential - Explain attorney-client privilege  Inform that communications between youth and all others are not confidential  Inform youth of rights, especially to remain silent – and what that means  Warn client re recorded calls, correspondence, visitors, probation staff, other detainees, etc.  Remind youth that you are not attorney for the youth’s parents or guardians  Explain the charges and potential dispositions – review police report (do not turn over to youth)  Do not assume client can read  Determine if the client has made any written or oral statements to anyone concerning the offense  If the client has made such statements, get details, names, etc.  Obtain as complete a history from the client as possible, including criminal history, school, etc  Secure assistance from experts if communication impairments arise  Identify issues re language, literacy, drugs, chemicals, mental health  Prepare/warn youth for interviews with probation- Accompany youth to such interview  Explain court process and identify all parties involved in court - Role of prosecutor, judge, probation officer, and victim in sentencing process 

8  Determine citizenship and identify relevant federal criminal law or immigration consequences  Advise client regarding immigration consequences and state criminal law proceedings  Direct family to seek immigration consultation with Legal Services for Children, Asian Law Caucus, or CARACEN.  Always make a referral to an immigration law firm if immigration status is an issue.  Immigration, note whether accompanied/unaccompanied and school status  If immigration status is questionable you must personally accompany the minor and family to all P.O. interviews.  Advise minor and family to  decline to answer  any interview questions that may lead to a client  s immigration status (impermissible social security, place of birth, health insurance).  Decline on behalf of minor and family to prevent any intimidation on the part of the P.O.

9  Check for Competency Issues per WIC 709  Get an updated mental health evaluation from an expert proficient in adolescent psychology  Be familiar with adolescent brain development issues, and advocate for, client services to divert client from delinquency system through DHS, educational placements, or Regional Center.  Competency panel psychologists have been trained in competency protocol by SPY

10  Daily Checklist:  Review Houselist for new detainees  Admonish and Interview New Detainees  Check Mailbox for New Assignments  Review Assignment List and Calendar  Check and respond to inquiries  Check-in and get updates from team members (e.g., Attys, YA, Investigators)   Monthly Checklist:  Send reminder to Attys re monthly data  Gather Attys monthly data  Draft Report and input monthly data  Update and Maintain Legal Research Database  Update and Maintain Open Cases Documents (E- discovery)   Task Specific Checklist:  Legal Research:  Clarify legal issues with Atty  Draft issue statement  Review Juvishare Legal Databank  Conduct State Legal Research  Conduct USSC and 9 th Circuit Fed Research  Cross Reference Cited Cases  Conduct WestKey Research (if necessary)  Shepardize or run Westcheck Moving Papers  Draft Legal Memo  Draft Motion or Legal Brief   Admonish and Interview Minor:  Confirm D.O.B and client name  Confirm arrest date and time  Inquire re Immigration Status  Clarify to client that conversation is confidential  Clarify that you do not work for Law Enforcement  Clarify Public Defender role  Explain Constitutional Rights  Ask minor to repeat her understanding of Constitutional Rights  Ask minor if parent has been contacted  Obtain minor’s parent information  Instruct client not to speak about crime with anyone else, including other minors  If necessary, get more information on alleged offenses   Trial Assistance:  Review and Summarize Discovery  Obtain Social History  Review Interviews  Jury Instructions  Caselaw Retrieval  Discuss Strategy  Draft Witness Testimony Notes  Collaborate with Investigators re Case Development

11 Services □ Conduct psychosocial assessment of client within five working days of the case assignment □ Prepare a treatment plan and comprehensive reentry plan for all cases. □ Make appropriate referrals to service agencies. □ Advocate for alternatives to incarceration, as appropriate, by attending court hearings and presenting treatment/reentry plans and social histories. □ Maintain confidentiality of all information, files, records and writings that relate in any way to a client. □ Maintain contact with clients for one year and track outcomes on a quarterly basis. Documentation ALL files should contain the following: □ Completed Psychosocial Assessment. □ HIPAA Consent form. □ Treatment Plan. □ Reentry Plan. □ Progress Notes. □ Copies of all case related correspondence, including letters of acceptance, s, transportation orders, commitment papers, etc. □ Quarterly Status Report. Communication □ Maintain professionalism when interacting with clients, family members, colleagues and members of the public. □ Provide status updates to the referring attorney on a regular basis and at least within ten days of the case assignment (status conference). □ Attorney must communicate all needs to the social worker and maintain regular communication regarding the case. □ Answer all incoming phone calls and return all phone calls immediately but not later than twenty-four hours of receipt. □ Maintain communication with clients on a regular basis and visit in-custody clients with complex needs at least once every six weeks. Outreach □ Maintain and initiate resources and contacts in the community, at least twice a month, by visiting community based service agencies. Skill Development & Training □ Attend six job related trainings per year and all mandatory trainings.

12  Did client at the time of committing the act charged know its wrongfulness?  Admission to charge(s) by clients under 14 must stipulate that minor knew the wrongfulness of the crime.  At trial DA must prove by clear proof (clear and convincing evidence) that minor knew the wrongfulness of the crime.  Miranda protections apply to custodial interviews to establish minor’s capacity to commit crimes under PC 26

13  Identify client’s education issue with client, parents, and other providers  Gather required school documents (attendance, grade report, discipline logs and IEP)  Connect with appropriate school officials to introduce program, gather information and take action steps  Connect with any existing CBO or other supports to gather information and take action steps  Arrange provider meetings as necessary, preferable at assigned school site  Attend school meetings  Prepare students for informal and formal court appearances  Develop relationships with key school and community partners

14 HOMICIDE CASES: The First Thirty Days:  CLIENT RELATIONSHIP  Meet with client immediately to establish trust & rapport  Explain confidentiality & its importance to communications  Do you need to take pictures of your client?  Review your role and what you will be doing in the first thirty days  Explain arraignment procedure/discuss time waivers  Warn about jail phones  Warn about jail house snitches/your position on having case paperwork  Get family contacts; These are important relationships to build/sustain, and to create social history.  Contact family members, warn about discussing case over the phone and during visits;  Get initial social HX, schools, hospitals, work  Obtain signed authorizations  If Psych issues apparent: Consider immediate evaluation before meds kick in.  Mental Health Issues? SDT records  Determine whether Preservation Letter Needed. Examples of some types of evidence where such a letter would be sent to SFPD or ADA, or to the custodian of records: Cars, blood sample, videos, cell phone companies.  Get detailed information about client’s arrest procedure & number of interrogations. It is important to get this in first interview when client’s memory will be closer in time to the events.   ASSEMBLE TEAM/SET PRIORITIES/SET DEADLINES  PARALEGAL  Scan all reports individually so they can be separated out;  SDT or Authorization to cell phone companies for text messages;  Community safety cameras request;  Shot spotter request  CADs  Create Legal Research memo binder, which should include: Jury instructions, Research memos/notes, Case law, Motions;  Be put in queue for ME report; When you receive it review it with Stedman’s or some other medical dictionary;  Request for color photos of scene;  Create witness spreadsheets w/role, contact info, location of statement in report(s);  SDTs to CDCR for victim records?  827 Petitions to Juvenile Court ?  SDT for Victim’s prior medical records?  BEST PRACTICES:  Communicate clearly with paralegal through  Set priorities and due dates  INVESTIGATOR  Meet w/investigator to discuss case/client & to set immediate priorities for investigation;  Determine if there are participant/witnesses who may become prosecution witnesses;  Is there a snitch or possible snitch?  Generate investigation request; keep it general  Visit crime scene & make sure to bring a camera and rollatape! 

15  TASK LIST:  If this is your first 187? Meet with a member of Homicide Committee after your initial client meeting;  Discovery Letter based on detailed, careful review of discovery received thus far;  Clear specific & as well as general Brady requests;  Is there an informant?  Ask for informant’s rap sheet;  Ask to see book on Informant  Ask for name of Informant’s “handler”, request dates of all meetings, phone calls and notes;  Include request for witness protection, payments, consideration;  If in Witness protection, consider filing Motion to Disclose Location  If in public housing, SDT to SFHA for records of tenancy, which will contain police reports or other reports of criminal activity;  Bring motion to examine crime scene if it’s a private home to which you will not be granted access;  Read all jury instructions applicable to the charges;  Listen first and foremost to any recorded statements by your client & make a transcription request; analyze carefully for Miranda motion   EXPERTS:  Identify as early as possible experts you will need:  GSR?  Trajectory analysis? Firearms?  Car/accident reconstruction/black box analysis?  Pathologist?  Fingerprint examiner?  Police practices?  Blood spatter?  DNA  Arson?  Eyewitness ID?  Coerced confession?  Mental Health?  Drug addiction?  Traumatic Brain Injury?  P.T.S.D.? B.W.S.?  Psychs?  Gang?  Other?

16 Preparing Client for Testimony □ Advise client of his right to testify and determine whether his or her testimony will be needed in advance of trial □ Interview client and obtain detailed factual points you wish to establish through client’s testimony □ Prepare an outline of client’s background and likely testimony □ Review outline with client and add additional points to include □ Create a list of problem areas and questions that your opponent will likely raise □ Discuss problem areas with client and his/her probable responses □ Review client’s history and determine whether client will likely be impeached with convictions or prior bad acts □ Consider impact of impeachment on client’s credibility and file in limine motion to exclude/sanitize prior conduct □ Conduct practice session with client, going over his/her direct testimony □ Arrange for client to be cross-examined in preparation for trial □ Inform client on basic principles of testifying □ When to look at counsel/jury □ Only answer the question asked □ Speak clearly and concisely □ Be polite to judge, opposing counsel and jurors □ Ask for clarification when you are uncertain of what you are being asked □ Show client any exhibits he or she will be shown or asked about during trial □ Ask judge or bailiff if you can have client sit in witness stand prior to having him or her testify so you can check sound levels and he or she can become familiar with the witness box.

17 □ Train yourself to recognize what is and is not an important decision; if the decision unimportant, then go with your best judgment or instinct. □ If it is an important decision, make a list of the pros and cons known to you. □ If the decision affects others, speak to them if appropriate or consider their viewpoints and the impact of the decision on them. □ Consider the consequences of your decision; what will happen if you decide one way or the other? □ What is the likely opposition you will face as a result of taking the position you are considering? Who will be your supporters? □ What are the advantages and disadvantages of the course of action you are considering? □ Determine the timeline for making the decision. How quickly must the decision be made? Can you sleep on it? Does the decision really have to be made right away or can you wait in order to deliberate (not procrastinate)? Should you ask for more time? □ How confident do you feel in your decision? 60%? 95%? □ Is there other information you need in order to make your decision? How long would it take you to obtain this information? □ Are you relying on assumptions or representations of others in making your decision? Are those assumptions or representations true? □ Ask yourself: □ What is the lasting impact of this decision? □ Can it be undone if necessary or is the decision irreversible? □ Is this a decision I would be proud of? □ How will your decision be interpreted by others? □ Are there any unintended consequences? □ Make your decision and clearly communicate it to others. □ At a later date, determine whether your decision proved to be the best choice under the circum- stances or whether a better course of action should have been taken.

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19  DEVELOPMENT  Do you have clear, concise objectives for your checklist?  DRAFTING  Simple sentences  Fit on one page  VALIDATION  Experiment with front line users  Modify the checklist & future review

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21   files/checklist-template.pdf files/checklist-template.pdf 

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