Category: Featured

Statement on Closing of Philly Juvenile Assessment Center

Posted on by GJackson@philadefender.org

PHILADELPHIA–“The Defender Association of Philadelphia is deeply concerned about the proposed plan to permanently close the Juvenile Justice Assessment Center (JAC). This decision represents a significant step backwards in our collective efforts to implement trauma-informed policies for our youth.

 

“By reverting to older methods, we risk exposing children to the traumatic experiences that come with traditional arrest processes. They will be handcuffed and held in facilities that are not designed for them, in the same buildings with adult arrestees. This environment is not only inappropriate but also harmful, as their primary interactions will be with law enforcement officers rather than trained youth advocates.

 

“Closing the JAC means that young people will likely face repeated–and unacceptable–violations of the 6-hour rule, which states that juveniles must not be held in police custody for more than six hours without being charged or released. 

 

“The changes will impose additional training burdens on law enforcement, expecting them to fulfill roles outside their expertise. Creating an environment where families feel confident in accepting their child back home is crucial to preventing unnecessary stays in juvenile detention centers. Police officers, regardless of training, cannot replicate the expertise and approach of social workers dedicated to youth advocacy. They are ill-suited to handle the nuanced needs of young people and their families, including contacting family members, connecting them with community-based services, and ensuring safe transportation home from police stations. 

 

“Philadelphia’s law enforcement has historically struggled to ensure uniform and equitable implementation of diversionary policies. This history casts doubt on the effectiveness and fairness of the proposed changes.

 

“The Defender Association was part of the collaborative stakeholder team during the JAC planning process. However, we have not been included in discussions regarding decentralization, offense review processes, or the potential shift of community connections and resources to DHS-sponsored programs.

 

“We urge city officials to reconsider these changes. We must prioritize trauma-informed practices and the involvement of experienced social workers to truly support our youth and their families.”

 

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Policy Statement: Prison Population Reduction Post-Remick

Posted on by GJackson@philadefender.org

Introduction

District Court Judge Gerald A. McHugh’s ruling holding Philadelphia’s prisons in contempt for for the City’s inability to provide a safe, secure, and civilized environment for our incarcerated citizens is completely justified. However, it’s a grim reminder that the Philadelphia Department of Prison’s (PDP), currently understaffed by 800 Correctional Officers, cannot ensure the safety of our citizens awaiting trial or serving sentences.

 

PDP is required to receive and hold people who have been remanded to their custody by the courts, whether they’re awaiting trial, being held on detainers for minor infractions, or serving a sentence. It is incredibly naive to think that the PDP will hire 800 corrections officers any time soon. Therefore, it is crucial that other system stakeholders, including the First Judicial District (FJD), the Department of Probation, and the District Attorney’s Office (DAO) work with us to address this humanitarian crisis.

Defender Association's Policy Recommendations

As stakeholders, we must commit to reducing the jail population. We recommend strategies to decrease reliance on county incarceration for public safety, starting with reducing or eliminating ‘short-term’ admissions to county jail. These brief stays do not improve public safety and may even decrease it by destabilizing individuals and their families. 

 

By addressing the following policies, we can reduce these admissions and decrease the jail population and strain on prisons without compromising public safety [click the + to view each recommendation]: 

 

This practice subverts due process by using an unattainably high bail amount as a proxy for holding without bail. Overusing the $1 million bail recommendation diminishes its meaning, forcing bail commissioners to make detention or release decisions without a meaningful DAO recommendation. Unable to rely on this signal, commissioners set higher bail amounts, delaying the actual decision and leading to detention until a judge reviews the bail. Many people at PDP are held initially because they cannot pay bail, often released within 14 days when bail is lowered or funds are raised. This process causes unnecessary detention, discrimination against the poor, family and community destabilization, and an overburdened prison system.

The City presented evidence that in May 2024, 49 people were admitted to jail and released the same day another 114 were released within 24 hours; 138 within two to four days; and 234 within five to fourteen days. These numbers demonstrate that these individuals are making bail quickly, resulting in unnecessary strain on the jail's limited staff and clogging the  jail admission system. The first five days in jail are the most expensive ones for the jail’s medical and other systems and research demonstrates that even periods of detention of 3 days are correlated with increased short and long term rates of re-arrest.

There are currently over 100 people sitting in jail because of a technical violation. 

Empowering bail commissioners to impose non-financial conditions of release, such as house arrest or GPS monitoring, at preliminary arraignment can prevent unnecessary detention. Although use of these tools raise other concerns, earlier access can streamline reviews and reduce detention. Currently, such conditions cannot be set until a judge reviews the initial bail. Providing these alternatives before jailing the arrestee will decrease the jail population and reduce the use of prison resources.

Many of those incarcerated people  65 or older pose no threat to public safety. They can–and should–be released safely. 

Incarcerating drug-addicted people poses significant risks to their health and safety. Providing access to these programs is crucial to reducing their incarceration. The lack of proper treatment, access to medications, and support for withdrawal symptoms and other medical issues related to substance use can lead to severe complications and death. Investment in comprehensive, community-oriented programs will ultimately reduce the cycle of addiction and incarceration.

 

Download a printable version of the policy here

 

A Shift in Mindset

Overlooking the Philly jails, an electronic billboard on I-95 advertising Eastern State Penitentiary flashes the message: “Old Prison/New Ideas.” We need to embody the spirit of this slogan if we’re going to make these and other needed changes. We also need to understand that these changes will  require a significant investment of time and resources beyond what city funds and the PDP alone can accomplish. Meaningful and lasting reform also requires a shift in mindset by other system stakeholders. We can’t continue to behave as if this is solely PDP’s crisis to solve. We need cooperation from every judicial system stakeholder to ensure we’re protecting public safety while keeping many of our citizens from ever hitting the admissions door of the jail. 

 

We need to recognize the humanity of incarcerated people, and stop treating incarcerated people like “units” to be locked away indefinitely. These are men and women with families and communities that they will eventually return to. We should ask ourselves, how will what they experience behind prison walls impact the kind of citizens they are when they go home? We must also remember that the horrible conditions in the jails don’t just impact the incarcerated. Every day that conditions don’t improve is another day of needless health and safety risks for prison employees, most of whom are Black and Brown Philadelphians. 

 

As we did during the COVID-19 emergency, the Defender Association is again ready to collaborate with our fellow stakeholders to come up with bold and creative solutions that protect the rights and lives of those in our city's custody.

 

Download a printable version of the policy here

The Truth about Police Stops: “Driving Equality Dashboard”

Posted on by GJackson@philadefender.org

PHILADELPHIA–The Defender Association’s Police Accountability Unit (PAU) today announced the launch of its “Driving Equality Dashboard,” a free interactive website to help city residents, elected officials, organizations and the media better understand the “who, where and why” of police traffic stops and vehicle searches in Philadelphia.

 

Made possible through funding from a Microsoft and Urban Institute Catalyst Grant, the dashboard uses Philadelphia Police Department (PPD) data to allow users to track racial disparities in the PPD’s traffic enforcement, examine how traffic stops have changed over time, and learn the history and impact of the Driving Equality legislation passed by City Council and enacted in March 2022.

 

“Since City Council passed Driving Equality, there’s been some confusion about what the law actually says and does,” said the PAU’s Mike Mellon, “Our dashboard explains the law, and uses real-time data to show why it was needed.”

 

In addition to an overview of traffic stops by race, the dashboard lets users do a deeper dive, including learning the reasons police give for stops, exploring traffic stops by police district, and viewing how increases or decreases in stops in Philly neighborhoods correlates with the number of shootings over time.

 

PAU’s Paula Sen hopes citizens and justice system stakeholders will use the dashboard to clear up misperceptions about the Driving Equality law’s impact on public safety, particularly its impact on gun violence. “A lot of opponents of the law say that the police need to pull more people over and search more cars to address neighborhood shootings,” Sen said, “But when you look at the Police Department’s own data, you’ll see there’s little to no correlation between traffic stops and the number of gun crimes.”

 

Chief Defender Keisha Hudson says the Driving Equality Dashboard is an easy-to-use, interactive way for people to educate themselves about who–and why–people get pulled over in Philadelphia. “As public defenders, we know that we can’t simply accept what we’re told by law enforcement officials,” she said, “Our Police Accountability Unit has created an intuitive, comprehensive, and data-driven tool that offers information and transparency to anyone who wants the facts about police stops and the Driving Equality Law.”

 

Check out the Driving Equality Dashboard Here

 

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Defender Association Supports ACLU-PA’s Indigent Defense Lawsuit

Posted on by GJackson@philadefender.org

PHILADELPHIA–The Defender Association of Philadelphia supports ACLU-PA’s lawsuit against Pennsylvania for inadequate state funding for indigent defense. In Gideon v Wainwright, the Supreme Court ruled that every individual is entitled to legal counsel in court, regardless of ability to pay. But many public defender offices are so underfunded that they can’t provide proper legal representation. This isn’t just about money—it’s about justice and ensuring that everyone, regardless of their financial situation, gets the constitutionally required effective representation.

 

We appreciate Governor Josh Shapiro’s leadership in adding a $7.5 million line item for public defense in the state budget. It’s a positive step, but public defender offices still rely almost entirely on county funding. This creates a system where the quality of defense varies widely depending on where you live, leading to unequal justice.

 

Underfunded public defender offices struggle with overwhelming caseloads and insufficient resources, making it nearly impossible to meet the constitutional mandate for effective counsel. This not only harms those accused of crimes but also erodes trust in our justice system. ACLU-PA’s lawsuit aims to change this by pushing for statewide reform and adequate funding for all public defender offices.

 

We urge Pennsylvania to act now and ensure that every public defender office in the Commonwealth has the resources needed to provide effective representation. We need a justice system that works for every Pennsylvania citizen.

 

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Jr. Defenders: Making Positive Change!

Posted on by GJackson@philadefender.org

We are super proud of our Junior Defenders at Gompers Middle School!

 

These young advocates have shown incredible dedication and teamwork by using collective resistance to push for better school lunches. Their efforts culminated in a powerful presentation to representatives from the Philadelphia School District.

 

Collective resistance is just one of the many initiatives we teach in our 6-week youth program. Through this program, students learn the importance of advocacy, community engagement, and standing up for their rights. The success of the Junior Defenders at Gompers Middle School is a testament to the impact of these lessons.

 

We believe that empowering youth with the skills to advocate for themselves and their communities is crucial. These young leaders have demonstrated that with the right tools and support, they can make meaningful changes in their schools and beyond.

 

Learn more about the Junior Defender program

Philly Defender wins Prestigious NLADA Honor

Posted on by GJackson@philadefender.org

Congrats to our Juvenile Special Defense Chief Michelle Mason for winning a Kutak-Dodds award! Michelle was joined by Philly Defender colleagues when she received the award at the NLADA’s annual Exemplar Awards Gala in Washington, DC.

 

 

About the Award: NLADA bestows the Kutak-Dodds Prizes every year to honor the accomplishments of civil legal aid attorneys, public defenders, assigned counsel, or public interest lawyers who, through the practice of law, are significantly contributing to the enhancement of human dignity.

 

Learn more about the award here

Defender Association Response to Kensington “Sweep”

Posted on by GJackson@philadefender.org

PHILADELPHIA–“The Defender Association fully realizes that immediate action is needed to address the conditions in Kensington. But the City’s May 8 “sweep” of homeless people signals a return to draconian and ineffective crime and drug policies. We are also troubled by the lack of communication we have received from the city in advance of these actions. This information vacuum is particularly concerning as it potentially compromises our ability to serve our clients.

 

“To be sure, the Defender Association and the Parker Administration have very different policy perspectives. We have long believed that it’s a bad idea to rely on the criminal legal system to solve a public health crisis. The unintended harms of the planned “jail vs. treatment” strategy outweigh any derived benefits for people in addiction. The city’s action’s also threaten to overwhelm the court and jail system, and will likely shift the current problem to other neighborhoods that haven’t been receiving the same amount of attention.

 

“Despite our efforts to be included in the discussions around Kensington, the Defender Association has received little information about the city’s plans. This is troubling because our office represents a significant percentage of adult men and women from Kensington. From 2017 to 2022 we provided services for nearly 12,000 clients from this neighborhood. Getting timely details about upcoming plans is critical for preparing our attorneys and social workers to serve what will undoubtedly be an uptick in cases stemming from the increased law enforcement activity.

 

“We can discuss and debate policy. But there’s no question that anyone arrested for a crime–in Kensington or elsewhere–has a right to legal counsel. As the city’s public defender, we feel it is incumbent upon the city to include our office in any discussion that relies so heavily on our justice system.”

 

“As we work toward solutions that will benefit everyone impacted by the activities in Kensington, the Defender Association looks forward to a more open dialogue with city officials and stakeholders.”

 

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Defender FY 2025 Budget Testimony

Posted on by GJackson@philadefender.org

FY 2025 Budget Request: More resources to support Philly's Youth!

 

On April 16, 2024, Chief Defender Keisha Hudson & Deputy Defender Sarah Allen testified before City Council about our request for a $15 million budget increase in FY 2025.

 

These funds would largely be dedicated to hiring more attorneys and social workers for our child and youth clients, as well as salary increases to bring our attorneys to parity with other city agencies.

 

Read the full budget testimony here

 

Download budget request slides

 

Support Letters for Philly Defenders Budget Proposal

 

The Defender Association is grateful for the amazing support we've received from our community partners, elected officials and other organizations working toward a better justice system, and public safety for all!

 

Community Support letter: over 20 organizations added their names to a letter in support of a budget increase for the work we do with justice system-involved children and youth.

 

Read the letter here

 

Philadelphia Bar Association letter: Thanks to the Philadelphia Bar Association for supporting our attorneys and the work we do all year round. We especially appreciate their support of our budget request

 

Read the Philly Bar Association's letter here.

 

Video: Defender Association Budget Testimony

Defender 90th Anniversary Highlights

Posted on by GJackson@philadefender.org

On April 4, 2024, we’re celebrating 90 years of representing Philly adults and youth with a very special event at the Constitution Center. All are welcome to attend and celebrate along with the Defender’s past and present leaders, and many more elected officials and luminaries who began their careers at the Defender Association.

 

Help us celebrate 90 years of public defense in Philly, as we look to grow the next generation of Philly Defenders! Click the links below to learn how you can take part in the celebration!

 

Details, tickets and sponsorship information here

 

Press Release: Pushing Back on Misleading Crime Narratives

Posted on by GJackson@philadefender.org

FOR IMMEDIATE RELEASE: March 18, 2024
PRESS CONTACT: Rabiah Alicia Burks, r.burks@nlada.org, (202) 452-0620

 

Public Defense Chiefs Push Back on Misleading Crime Narratives that Are Driving Policy This Election Year

Speaking at Gideon Day press briefing, chiefs encourage reporters to speak to public defenders for better-informed stories, and discuss ways public defenders promote community safety.

 

WASHINGTON — Chief public defenders from across the country gathered today for a discussion on the state of public defense during a crime-focused election year. Co-sponsored by the National Legal Aid and Defender Association (NLADA), the panel discussion commemorated Gideon Day, the anniversary of the U.S. Supreme Court’s unanimous decision in Gideon v. Wainwright, which recognizes the constitutional right to public defense for people who cannot afford counsel. A recording of the event can be found here, and a fact sheet/resource guide for reporters is available here.

 

“Public defender offices across the country are wholly under-resourced, while prosecutors and law enforcement are funded at several times the rate, and this funding discrepancy leads to greater disparities and injustices within the legal system,” said April Frazier Camara, president and CEO of NLADA. “Misleading narratives on crime and safety are fueling these policy decisions. Public defenders are joining forces to fight back against these fear-based tactics and to combat these practices.”

 

The discussion was moderated by Civil Rights Corps Founder Alec Karakatsanis, a civil rights lawyer and former public defender who has written extensively about “copaganda,” or the manipulation of media by police and prosecutors. 

 

“Public defenders are dedicated to safe communities, and their voices should not go unheard in the national conversation about crime and community safety,” said Karakatsanis. “The extraordinary focus by the media on low-level-crimes reported by police has the effect of manipulating what all of us think and feel are the most urgent problems in our society.  It distracts us from the greatest dangers that we face and obscures safety solutions right in front of our eyes. Public defenders can be an invaluable counterbalance to that.”

 

“Providing indigent individuals with fierce representation in court itself fosters safer communities—by guarding against wrongful convictions and by advocating against incarceration, which is incredibly destabilizing for families and communities,” said San Francisco elected Public Defender Mano Raju. “Our office also provides services that address the root causes of interactions with the criminal system, such as our MAGIC youth programs, our College Pathway Project, which helps formerly incarcerated people go to college and our End the Cycle program, which connects newly arrested people to services.”

 

Many reporters accept without question the information and crime statistics that police and prosecutors give them, and in turn, their stories are used to bolster policy decisions that benefit law enforcement and drive incarceration. Journalists do a disservice to their readers when their stories are more about feelings than facts, according to the panel.  

 

“We have seen this play out in New York State, where the Governor has rolled back our historic bail reform law on multiple occasions,” said New York County Defender Services Executive Director Stan Germán. “Politicians have succumbed to a fear-mongering campaign launched by proponents of mass incarceration rather than focus on the data analysis which clearly demonstrated the success of a bail law that reduced the racial and wealth disparities in our criminal legal system.”

 

Funding is an ongoing struggle for public defender offices in large cities as well as rural areas, despite the fact that basic fairness should dictate that prosecutors and defenders receive equal funding. 

 

“In most states, funding for DAs is two to one compared to public defenders, dollar for dollar,” said Alameda County Chief Defender Brendon Woods. “That’s not a fair fight. Another significant factor is the work police departments do in support of the prosecution, essentially providing a free investigatory wing to every prosecutor’s office in the state. If you fund systems that incarcerate people, more incarceration will result. And incarceration drains public resources away from solutions that address the root causes of crime like housing, jobs, and education.”

 

“One of our biggest challenges is retaining experienced attorneys, who often leave public defense for better-paying jobs in other sectors. If we had pay parity with other legal offices, we’d be able to keep more veteran lawyers, which means better representation to our clients,” said Defender Association of Philadelphia Chief Defender Keisha Hudson. “I think public defenders have tremendous value to the media because we have the insight and data to share the full story of our clients—not just as suspects, but as full human beings.”

 

“In rural communities, recruitment is challenging due to vast legal deserts. A shortage of lawyers makes workloads for existing public defenders extremely high,” said Iowa State Public Defender Jeff Wright. “We have difficulty competing with the salaries prosecutors and other legal professions are able to offer.” 

 

With greater funding parity, public defender offices are better able to engage in community outreach and to expand programs that prevent people from being funneled into the system in the first place, said Orleans Public Defenders Director of Community Outreach and Lead Organizer Robert Jones.

 

“Our clients are the community, so we need to be part of that,” said Jones, who is formerly incarcerated. “Community members need to see PDs everywhere. Our office partners with community organizations to assist people when they are in the criminal legal system, and moreover to keep them from having contact with the system.” 

 

This press briefing was sponsored by the NLADA, the American Council of Chief Defenders, the Black Public Defender Association, the Gault Center, San Francisco Public Defender’s Office, Defender Association of Philadelphia, the Alameda County Public Defender’s Office, Orleans Public Defender’s Office, and New York County Defender Services. This event is part of NLADA’s ongoing initiative, “Fighting for the AccUSed: The Public Defender Campaign for Safe, Secure Communities.” The Fighting for the AccUSed campaign is changing perceptions about public defenders in communities and the press. It also seeks to build public support for the passage of the federal EQUAL Defense Act (HR 3758) and the Quality Defense Act (S.850), and urges the Biden Administration to support other federal, state, and local efforts to fund public defense.

 

Public defenders are integral parts of the communities they serve and include social workers, investigators, community engagement professionals, and lawyers. Nationwide, about 80 percent of individuals who are accused of crimes in the legal system are represented by a public defender. 

 

The National Legal Aid & Defender Association (NLADA), founded in 1911, is America’s oldest and largest nonprofit association devoted to excellence in the delivery of legal services to those who cannot afford counsel. NLADA has pioneered access to justice at the national, state and local levels, playing a leadership role in the creation of public defender systems and other important institutions from The Sentencing Project to the Legal Services Corporation. A leader in the development of national standards for civil legal aid and public defense, NLADA also provides advocacy, training, and technical assistance for equal justice advocates across the country.

 

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