Category: Featured

Defender x HU Public Defender Incubator Program

Posted on by GJackson@philadefender.org

Howard University School of Law just launched a brand-new program, the Public Defender Incubator Program (PDIP), aimed at training the next generation of public defenders.

 

The goal of the program is to bring more passionate and skilled lawyers into public defense field and fight for justice where it’s needed most. The Defender Association is thrilled to support Howard in this mission and can’t wait to see these future defenders in action!

 

Defender Association attorneys and staff will be partnering in a variety of ways, including class presentations,  and participation in mock interviews and mock trials. We’ll share more images and updates as Howard Law takes this important step toward growing the public defense field. 

Keisha Hudson on Prison Oversight Bill

Posted on by GJackson@philadefender.org

PHILADELPHIA—“The Defender Association commends Councilmembers Isaiah Thomas and Nicolas O’Rourke, as well as all the co-sponsors (Council President Johnson, and Councilmembers Ahmad, Bass, Brooks, Driscoll, Gauthier, Harrity, Jones, Landau, Lozada, O’Neill, Phillips, Squilla, and Young) for their leadership in introducing an amendment to create a new Philadelphia Prison Community Oversight Board and Office of Prison Oversight.

 

“This legislation is a strong and crucial first step toward addressing the persistently dangerous conditions in Philly’s jails. We’re hopeful that the new oversight will increase transparency; improve communication between the jails and our office, as well as between the jails and the community; and enhance safety for both incarcerated people and prison staff by reducing the jail population.

 

“This legislation represents a thoughtful and comprehensive approach to public safety that goes beyond law enforcement, arrests and convictions. To that end, we echo the sentiments of Councilmembers Thomas and O’Rourke, who remind us that we have a responsibility to all of our citizens–including those behind bars.” 

 

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Statement: Another Death in Philly Jails

Posted on by GJackson@philadefender.org

PHILADELPHIA–“The ongoing neglect by criminal justice partners to address the horrendous conditions  in Philly’s jails has resulted in the tragic death of Michael McKinnis. The Defender Association is still awaiting full information on the circumstances surrounding his death. For the second time in just ten days, we extend condolences to the family of another victim in the custody of the Philadelphia Department of Prisons.

 

“No guard was assigned to the unit where Mr. McKinnis was housed—an inexcusable but predictable outcome of the well-known guard shortage on State Road. The Defender Association has consistently proposed ways to safely reduce the jail population and ease pressure on the staff. We’ve repeatedly called for collaboration and dialogue to develop solutions to end this crisis.

 

“This crisis requires us to move as quickly and proactively as we did when COVID-19 was spreading through the jails. The time for city leaders to act is overdue. If this lack of urgency continues, more people are going to die in Philly’s jails.”

 

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Helen Gym to Join Defender Board

Posted on by GJackson@philadefender.org

PHILADELPHIA–The Board of Directors of the Defender Association of Philadelphia is proud to announce that Helen Gym will join the Board of Directors as a Community Board member [effective this month]. Helen Gym is a foundation fellow and a former Philadelphia City Councilmember who established right to counsel protections for tenants facing eviction and for immigrants facing deportation.

 

“Helen offers the Board a wealth of experience and insight through her lifelong commitment to social justice,” said Defender Board president Paul Hetznecker, “For the past three decades Helen has been a leader in fighting for immigrant communities, public education and human rights. Her policies uplifted the needs and voices of youth and families, particularly those in the child welfare and juvenile justice systems. We are very excited to have Helen join our 90-year mission to provide the best representation to the residents of Philadelphia charged with crimes who cannot afford a lawyer.” 

 

“Helen Gym’s record of fighting for marginalized communities in Philadelphia is legendary,” said Chief Defender Keisha Hudson, “Our board will benefit greatly from her leadership experience and vast knowledge of our city.”

 

Statement on Latest Overdose Death in Philly Jails

Posted on by GJackson@philadefender.org

PHILADELPHIA–“The hearts of everyone at the Defender Association of Philadelphia are with the family of Amanda Cahill, who lost her life while in custody after being arrested in the latest ‘Kensington sweep.’ This devastating but avoidable tragedy highlights a fundamental failure in the City’s approach to dealing with the addiction crisis.

 

“Philadelphia’s jails are severely understaffed, and struggle to handle the existing prison population. They are simply not equipped to handle the surge of people with addiction resulting from these ‘sweeps.’ Ms. Cahill’s death is precisely the kind of tragedy that occurs when we use ineffective law enforcement tactics to address what is ultimately a public health issue. Arresting people suffering from addiction and placing them in jails that are unprepared to meet their many medical and mental health needs will only lead to more preventable deaths.

 

“We must prioritize the health and safety of all residents by investing in solutions that treat addiction as a medical condition, not a crime. If these sweeps are to continue, medical personnel should be on hand to conduct thorough examinations to determine whether individuals can be sent to hospitals rather than to jail.

 

“Clearly, the situation in Kensington is dire. That’s why the Defender Association has been calling for the City to work in collaboration with every justice system stakeholder to address these urgent issues comprehensively. Only by working in partnership—across public health, social services, law enforcement, and the legal community—can we prevent tragedies like Amanda Cahill from becoming the norm.

 

“We once again urge the city to reevaluate its current strategies and work with us and our community partners to find evidence-based solutions that genuinely address the root causes of addiction. Instead of a system that criminalizes our most vulnerable residents, let’s work together to build one that protects them—and their communities—in their most vulnerable moments.”

 

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Defender Association Response to $25 million Prison Settlement

Posted on by GJackson@philadefender.org

PHILADELPHIA–”Although the court’s $25 million civil rights class-action settlement over prison conditions is a significant step, it is unfortunate that it’s taken repeated judicial intervention for the City of Philadelphia to fulfill its obligations. Judge McHugh’s ruling underscores the city’s ongoing failure to address the safety and dignity of incarcerated individuals. The well-being of those in custody in the Philly jails and the employees who work there should never be an afterthought, and we hope this ruling is a catalyst for lasting reform.

 

“We have repeatedly called attention to the inhumane conditions faced by those held in the Philadelphia Department of Prisons. The severe lack of transparency, inadequate staffing, and overcrowded facilities are ultimately a threat to both human rights and public safety. The city’s failure to heed these warnings and take decisive action has left the courts no choice but to step in.

 

“Our office has been advocating for the solutions outlined by Judge McHugh in his order, including assessing the release of low-risk, medically vulnerable individuals. While the order outlines processes to address the understaffing, the jail won’t be able to hire itself out of this crisis. We need to lower the population so that at least the oldest jail can be retired and the staff there reassigned where needed. These measures are critical steps that could significantly ease the burden on staff and improve safety conditions. 

 

“The Defender Association reiterates its call for the city to work in collaboration with every justice system stakeholder, community leaders and advocates to implement changes that prioritize safety, transparency, and accountability within our jails and across the justice system. But to ensure these changes are lasting and meaningful, we need to establish a permanent oversight body that can collaborate with prison administrators to prevent similar crises in the future. 

 

“Those incarcerated on State Road and the prison employees are citizens of Philadelphia. We can’t afford to leave them out of the public safety conversation.”

Defender CYJ Chief Nicole El on WURD Radio

Posted on by GJackson@philadefender.org

On July 29, Philly Defender's Chief of Children & Youth Justice Nicole El visited the "Reality Check" show on WURD Radio. Nicole and host Tonya Pendleton discussed the implications of the planned closing of Philly's Juvenile Assessment Center (JAC)

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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