Ensuring Equal Justice Initiative
The Ensuring Equal Justice Initiative (EEJI) is a community
partnership established by Public Defender Carlos J. Martinez (PD-11) with civil
firms, private attorneys, law schools, colleges and community groups.
As part of his community outreach, Public Defender Martinez turned to the
private firms with his vision for a project that could enhance our indigent
clients’ access to justice, help him and his assistants (APDs)comply with their
ethical obligations, and provide valuable information to the community at large.
Systemic Litigation. Building on former Public Defender Bennett
Brummer’s tradition of getting private firms to help support our systemic
litigation and individual APDs faced with contempt, PD-11 counts on the generous
support of Hogan & Hartson in our excessive caseload litigation. The Baker
McKenzie law firm has also been litigating on behalf of a child whose juvenile
record was released to the public.
Direct Representation. This aspect is designed to reduce the caseloads
of assistant public defenders and our backlog of cases. Through both formal
training and “on-the-job” training, individual attorneys and law firms advance
their professional development by gaining advocacy experience meeting their
goals of providing pro bono legal services to the indigent. More than 50 private
attorneys are currently participating. This effort is greatly enhanced by the
support of private attorneys who are members of the Florida Association of
Criminal Defense Lawyers – Miami chapter.
Having a robust pro bono program is not the solution to the underfunding
crisis. Pro bono does not substitute or make up for lack of funding. Even if
every criminal defense attorney in Miami Dade county accepted one case pro bono,
it would still be a drop in the bucket because the office receives 100,000 new
cases each year. Having a pro bono program for constitutionally mandated
representation serves to highlight the extent of state underfunding. It’s also a
unique opportunity for the private bar to show support for the constitutional
right to counsel, the indigent and the rule of law. Every client represented
through our pro bono program is a client who would have otherwise not received
prompt representation.
Goals:
- Provide pro bono volunteer opportunities to private attorneys.
- Advocate effectively on behalf of clients whom PD-11 is currently
struggling to assist due to excessive caseloads.
- Reduce the excessive caseloads of assistant public defenders.
- Receive help in meeting PD-11’s professional and ethical obligations.
- Breathe life into the constitutional guarantee of equal justice.
- Create a volunteer corps.
How:
- Pro Bono attorneys watch a training video for which they may receive
Continuing Legal Education (CLE) credits.
- Pro Bono attorneys will be asked to handle at least one (1) misdemeanor
case.
- PD-11 provides ongoing training and technical assistance support to Pro
Bono attorneys. Written training materials, including sample motions, are
distributed electronically.
- Pro Bono attorneys will have primary responsibility for client contact,
pre-trial discovery, motion practice, depositions, trials, plea
negotiations, and post-trial sentencing advocacy.
- PD-11 will make every effort to assign trial-eligible cases.
Over the years, the EEJI will be expanded to:
- Provide legal assistance to clients for other representation needs
(housing, benefits, collateral consequences, school discipline,
immigration);
- Provide ongoing community education (Play it Smart, Consequences Aren’t
Minor, Redemption, Know Your Rights); and
- Accept help in miscellaneous activities (pro bono coordination,
translations, child-friendly materials, website development, grant writing,
legal research).
Contact:
Sarah Wood Borak, Esq., the Equal Justice Works AmeriCorps Legal Fellow who
is coordinating the EEJI, at
swoodborak@pdmiami.com
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