Defender Association: to protect the health of our clients, prison staff and our communities, we need agreement and a commitment from our justice system partners to categorically release certain populations from our prisons. Continue reading “Defender Association Submits COVID-19 Prison Release Policy”
Category: Criminal Justice Reform
KEIR BRADFORD-GREY ON SUSPENSION OF LOW-LEVEL ARRESTS DURING CORONVIRUS OUTBREAK
FOR IMMEDIATE RELEASE
March 18, 2019
March 18, 2019
CONTACT:
George Jackson | 267.765.6768 | gjackson@philadefender.org
We can prioritize public safety and keep the jail population down to stop the spread of COVID-19.
PHILADELPHIA–“The Defender Association of Philadelphia supports Philadelphia Police Chief Danielle Outlaw’s decision to suspend the police department’s practice of arresting and jailing people for low-level, non-violent offenses.
“With the First Judicial District curtailing some court services, the Defender’s focus has been on stopping the spread of COVID-19 by 1) advocating for the release of people who are currently in prison on low-level offenses because of bail; and 2) keeping the prison population at a level that allows for social distancing to protect the health of inmates and prison staff.
“Our office is carefully vetting individuals and working with the District Attorney’s office to determine who can be released safely back into the community. We are working with our community [Pre-Entry Coalition] partners who are available to either provide services or keep in contact with people who have been released that may need a supportive network after they are released.
“Allowing the police and the prisons to focus on people who present a real danger to our communities is the most prudent–and safest–course of action during this health emergency.”
“Allowing the police and the prisons to focus on people who present a real danger to our communities is the most prudent–and safest–course of action during this health emergency.”
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The Defender Association of Philadelphia is an independent, nonprofit organization that provides high-quality, client-centered legal representation, connection to social services, and re-entry support to adults and juveniles in Philadelphia. Our organization represents nearly 70 percent of adults and juveniles arrested in the City of Philadelphia.
Keir Bradford-Grey on Firing of MontCo Defenders
PHILADELPHIA–“The sudden termination of Montgomery County’s top defenders, Dean Beer (chief) and Keisha Hudson (deputy) chief is a stunning move that will have a negative, chilling effect on public defenders who want to provide the best possible representation for indigent clients.
“Beer and Hudson were doing the critical work of not just representing their clients in court, but advocating for the communities who are most impacted by the justice system. There have been several reports that these defenders were fired for their filing of an amicus brief that criticized MontCo’s bail hearing practices. If that’s true, then the county has taken a major step backward at a time when the rest of the nation is making meaningful justice system reforms.
“It’s a stark contrast from Philadelphia, where we’re fortunate to be represented in Philadelphia by elected leaders like Council President Darrell Clarke and Councilmember Curtis Jones, who made it a point to give the Defender a leadership position on their Criminal Justice Reform Committee.
“Today’s news should alarm every public defender in the nation. We have fought too hard for positive changes in our justice system to sit quietly while defenders are bullied into complying with ‘business as usual’ by those who wish to turn back the clock on the progress we have made.”
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Kier Bradford-Grey on Use of ODARA
PHILADELPHIA–“The Defender Association of Philadelphia opposes the PA Sentencing Commission’s selection of the Ontario Domestic Assault Risk Assessment (ODARA) as the tool that used to assess the future likelihood of domestic violence against an intimate partner.
“Our full testimony submitted to the Sentencing Commission details serious flaws and concerns with ODARA:
- The adoption of any Domestic Violence Pretrial Risk Assessment Tool is premature since there has been no effort to perform the necessary validation to ensure the tool is accurate and free of racial or economic bias;
- We have specific concerns about the accuracy and reliability of the ODARA because of the information that it relies on and the way that information is collected; and
- We believe that by designating individuals who are part of non-traditional or blended families, who have limited resources, and who live in over-policed communities as ‘higher risk’, the ODARA will exacerbate racial disparities in the pretrial release process.
“Finally, we do not believe that these types of actuarial risk assessment tools can–nor should–ever replace an individualized decision-making process where the accused has the benefit of counsel.
For these reasons, ODARA is an inappropriate tool to assess pretrial risk in cases involving allegations of domestic violence.”
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The Defender Association of Philadelphia is an independent, nonprofit organization that provides high-quality, client-centered legal representation, connection to social services, and re-entry support to adults and juveniles in Philadelphia. Our organization represents nearly 70 percent of adults and juveniles arrested in the City of Philadelphia.
Chief Defender on PJI Reversal on Risk Assessment Tools
FOR IMMEDIATE RELEASE
February 7, 2020
February 7, 2020
CONTACT:
George Jackson | 267.765.6768 | gjackson@philadefender.org
PHILADELPHIA–“The Defender Association of Philadelphia would like to applaud the Pretrial Justice Institute (PJI) for the public and courageous reversal of their previous position on pre-trial risk assessment tools. As they noted in their latest position paper, these tools ‘can no longer be a part of our solution for building equitable pre-trial justice systems.
“Rather than accomplish their stated goal of reducing the pretrial prison populations, the data used in RAT reinforce the justice system’s existing class and racial biases. The Defender Association has been consistent in our opposition to the use of these tools. Last spring we submitted an alternative proposal to RAT to the District Attorney, City Council and the First Judicial District (FJD); and DA [Larry] Krasner and I disavowed the use of RAT in a letter to FJD. While some were perplexed by our stance at the time, the PJI’s acknowledgment of the inherent racial bias of the tool is a validation of our position.
“In order to effect real change, and develop reforms that work, we need to truly listen to the voices of the people and neighborhoods who most often come into contact with our justice system. That’s why the Defender invests resources to support our city’s participatory defense hubs, our pre-entry coalition, and other community partnerships. We have seen measurable improvements in outcomes when our citizens are a part of the process.
“It is truly heartening that the PJI is beginning to realize the value and impact of these community voices.”
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Shop Talk Series
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About Shop Talk
Philadelphia has an existing network of barbershops owned by credible community leaders, who have partnered with the Defender Association’s Children & Youth Justice (CYJ) Unit to bring various programs and services directly to these communities through a series of public events known as “Shop Talk”
These events are staffed by Defender attorneys, Defender social service advocates, community partners, Participatory Defense Hub facilitators and many more groups and organizations that support the initiatives.
Shop Talk events are held on location in barbershops and can include a range of programs, including (but not limited to):
- Expungements,
- Connection to local Participatory Defense Hubs;
- Social service resources;
- Information on the pardon process;
- One-on-one consultations with a Defender attorney,
- Statute training,
- Know Your Rights and Know Your Systems training; and
- Drop-in community-based office hours.
CYJ also invites community-based organizations dedicated to the reduction of mass incarceration, Pre-Entry, Participatory Defense, the reduction of gun violence and continued education.to set up information tables at Shop Talk events. These include mentor programs; housing and employment organizations; after school programs; sports programs; creative writing workshops; behavioral health providers; mental health providers; and re-entry organizations.
The barbershop owners are also critical, credible advocates who have worked to connect community members who otherwise might not reach out to the Defender with the services we provide. Our partnership with these barbershop owners is critical to building community trust and establishing the Defender Association’s reputation for fierce community advocacy and trial attorneys that the community can rely on in their moments of need.[/vc_column_text][/vc_column][vc_column width=”1/3″ css=”.vc_custom_1581018241775{margin-top: 15px !important;margin-right: 15px !important;margin-bottom: 15px !important;margin-left: 15px !important;border-top-width: 1px !important;border-right-width: 1px !important;border-bottom-width: 1px !important;border-left-width: 1px !important;padding-top: 20px !important;padding-right: 20px !important;padding-bottom: 20px !important;padding-left: 20px !important;background-color: #eeeeee !important;border-left-color: #1e73be !important;border-left-style: solid !important;border-right-color: #1e73be !important;border-right-style: solid !important;border-top-color: #1e73be !important;border-top-style: solid !important;border-bottom-color: #1e73be !important;border-bottom-style: solid !important;border-radius: 1px !important;}”][vc_column_text]
Upcoming Shop Talks
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Pre-entry Initiative
[vc_row full_width=”stretch_row” css=”.vc_custom_1580156790956{background-color: #eeeeee !important;}”][vc_column][vc_custom_heading text=”Pre-entry Coalition”][/vc_column][/vc_row][vc_row][vc_column][vc_empty_space][/vc_column][/vc_row][vc_row full_width=”stretch_row”][vc_column][vc_column_text]The Defender is working with community groups to provide social supports that address non-criminalgenic behavoirs that negatively impact their experience with the justice system. [/vc_column_text][vc_row_inner][vc_column_inner width=”1/2″][vc_column_text]Overview: What is pre-entry?[/vc_column_text][vc_video][/vc_column_inner][vc_column_inner width=”1/2″][vc_column_text]Pre-entry coalition launch, December , 2019[/vc_column_text][vc_video][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row full_width=”stretch_row” css=”.vc_custom_1580156790956{background-color: #eeeeee !important;}”][vc_column][vc_custom_heading text=”Pretrial and Bail Reform”][/vc_column][/vc_row][vc_row][vc_column][vc_empty_space][/vc_column][/vc_row][vc_row full_width=”stretch_row”][vc_column][vc_column_text]In March 2019, the Defender Association of Philadelphia presented a way to eliminate money bail in Philadelphia, without using a risk-assessment tool, to the FJD, the District Attorney and City Council
Using the Defender’s process, most defendants charged with misdemeanors would be arrested but, instead of going through a bail hearing, would receive a summons to appear in court.
Philadelphia is the only county in the state that does not already use the summons process for lower-level offenses.
Read the Inquirer story here | Download our proposal for pretrial reform
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Defender Association Receives $25k for Participatory Defense Hubs
PHILADELPHIA–The Defender Association of Philadelphia has been awarded a $25,000 from the R.K. Mellon Family Foundation to support the work of Philadelphia’s Participatory Defense Hubs. The award follows a $100,000 Key to Community grant from the Malinda R. Farrow Fund of the Philadelphia Foundation that was awarded following a public vote.
“Winning these awards is a big deal because it shows that foundations, the public, and other charitable funding sources are starting to recognize the value of participatory defense programs,” said Chief Defender Keir Bradford-Grey, “This continues the momentum to make the case to the public and elected officials.”
Launched in 2018, Philadelphia’s participatory defense hubs utilize community support to prepare and empower individuals and families as they navigate the criminal justice system. The hubs’ trained volunteers and facilitators give people a deeper understanding of what is expected from them at each stage of the criminal justice process, including meetings with their attorney, court dates, and other critical steps. Philly currently has seven neighborhood-based hubs that meet weekly.
“Our Participatory Defense Hubs are mostly run by volunteers who are extending themselves to help their neighbors navigate the criminal justice system,” said Martha Williams, a leader of the Philly Hubs, “These funds will give our Hubs more resources to help us provide knowledge and support to even more people in our community.”
The funds from the R.K. Mellon Family Foundation will be managed by the Defender Association, who will disburse them directly to support the Participatory Defense Hubs.
“These community-based hubs are already making a huge difference in people’s lives. These funds will help them boost the impact they’re already having in their neighborhoods,” said Bradford-Grey, “It’s a testament to what can happen when we work together to highlight the importance of participatory defense for just outcomes in the criminal justice system.”
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2019 Defender Highlights
It was a truly great year for the Defender Association of Philadelphia! In 2019, the hard work of our practice units, community partnerships, and other departments led to some major achievements and accomplishments!
Here are some highlights:
We welcomed a diverse and talented class of new attorneys…
Our work sparked a major dialogue on police accountability and “stop and frisk” in the City of Philadelphia…
Marijuana smell from cars is the least of the Philadelphia Police Department’s problems | Editorial
They know this is a black guy here’: Police stops of black drivers are skyrocketing in Philadelphia
What happens when Philly police get body cameras — but don’t turn them on?
We launched our Pre-Entry Coalition with a successful event
at CCP…
at CCP…
READ MORE: Coalition aims to support people who are arrested
Our entire team won major victories for our clients–and for criminal justice reform!
READ MORE: Michael White Not Guilty of Voluntary Manslaughter in Rittenhouse Stabbing Trial
READ MORE: Pa. Supreme Court cites ‘egregious error,’ frees Philly man jailed by Meek Mill’s judge for probation violations
Our Adult Social Services team had their work included in two University of Pennsylvania textbooks!
Working with our community partners, we successfully crowdfunded a campaign to win a $100k Melinda R. Farrow Fund (of the Philadelphia Foundation) grant for Participatory Defense Hubs!
Nearly 50 Defender clients received assistance from the Hubs this year!
Defenders were all over the city, conducting expungement clinics and sharing information and resources with the community!
READ MORE: Imagine Being on Trial. With Exonerating Evidence Trapped on Your Phone.
READ MORE: Still scarce, Digital-Forensics Crawls into Public Defenders Offices
The Alternative Sentencing Unit had another busy and productive 2019, filing over 1,350 Early Termination Petitions and working to get early parole for eligible clients!
Our Children and Youth Justice (formerly Juvenile) Unit made a real difference this year, from establishing community office hours, joining a citywide task force dedicated to reducing placements in favor of supportive services, launching Project success, and so much more!
The Appeals Division continued its tradition of winning relief for clients who received unjust trials or sentences. Defender attorneys also won changes to the law in the PA Supreme Court!
COMMONWEALTH v. FOSTER
OPINION: JUSTICE DONOHUE. The issue presented in this case asks for a determination of what constitutes a permissible basis for a court to find an individual in violation of probation…
COMMONWEALTH v. SANTIAGO
OPINION: JUSTICE TODD. The fruit of the poisonous tree doctrine prohibits the admission of evidence at trial that was tainted byby unconstitutional actions by law enforcement officials…
Keir Bradford-Grey on Selection of New Police Chief
PHILADELPHIA–“The Defender Association of Philadelphia congratulates and welcomes Philadelphia’s new Police Commissioner, Danielle Outlaw.
“As Philadelphia’s Public Defender, our work has been a driving force behind renewed calls for more effective policing, particularly as it relates to law enforcement practices in the city’s black and brown neighborhoods. Mayor Kenney’s selection of the city’s first African American woman to this crucial position demonstrates a recognition of the need for reforms and improved relationships between Philly’s police officers and communities.
“The police play a pivotal role in ensuring that those accused of crimes are given a fair trial. The Defender Association welcomes the opportunity to share what we’ve learned from our expansive pool of police accountability data with our new police chief. We’re hopeful for a productive working relationship that will ensure that our justice system provides every Philadelphia citizen with the fairness, respect, and dignity they deserve.”
