Ensuring Equal Justice Initiative

The Ensuring Equal Justice Initiative (EEJI) is a community partnership established by Public Defender Carlos J. Martinez (PD-11) with private law firms, private attorneys including experienced criminal defense attorneys as well as civil litigators, 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 (now Hogan Lovells) in our excessive caseload litigation. The law firm of Baker & McKenzie 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 or felony case, depending on experience.
   
• 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., Equal Justice Works AmeriCorps Legal Fellow, at swoodborak@pdmiami.com.