Category: Legal Practice Units

Full Video: “Rage of Innocence” Webinar

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Watch the full video from our Feb. 17 Webinar with Chief Defender Keisha Hudson and Professor Kristin Henning! 

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Thursday, February 17:
Rage of Innocence: How America Criminalizes Black Youth.

Kristin Henning

Join us via Zoom on February 17 for a timely and important discussion of our criminal justice system as Chief Defender Keisha Hudson speaks with Georgetown Law Professor Kristin Henning. They’ll be discussing Professor Henning’s book, Rage of Innocence-How America Criminalizes Black Youth. 

Read more about Professor Hennings’s book here

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Keisha Hudson, Chief Defender

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Since becoming Chief Defender in November 2021, Keisha Hudson has brought local and national attention to the critical role played by public defenders in maintaining and reforming our criminal justice system. By combining her background as an accomplished lawyer, leader and activist, she has improved the Defender’s delivery of services to its clients, achieved pay parity for Defender attorneys and staff, and refocused the Defender’s mission to be a more people-focused and inclusive organization. 

 

Keisha spent nearly eighteen years as a public defender, first with the Defender Association of Philadelphia and then as a capital appellate defender with the Federal Defender-Eastern District of Pennsylvania (Capital Habeas Unit) representing people on death row in their state post-conviction and federal habeas appeals. As a seasoned trial and appellate defender, Ms. Hudson has an in-depth understanding of what it means to be a public defender. At the Capital Habeas Unit, Hudson was the Director of Training.  

 

In 2016, Ms. Hudson left the Federal Defender and joined the Montgomery County Office of the Public Defender Officer to become the Deputy Chief Defender. Ms. Hudson joined the Montgomery County Office of the Public Defender with the goal of building and strengthening advocacy in the courtroom. Along with former Chief Defender Dean Beer, Ms. Hudson addressed systemic issues regarding policing, pretrial detention, sentencing, and probation in the county. In four years, Chief Defender Dean Beer and Ms. Hudson built one of the best public defender offices in the state.

 

In 2020, Ms. Hudson worked with The Justice Collaborative and The Appeal, developing and leading advocacy and media campaigns on criminal justice issues- specifically campaigns aimed at looking at creative and successful community alternatives that truly create public safety. Ms. Hudson was a visiting professor at Temple University’s Beasley School of Law from 2020 to 2021

Sarah Allen Named First Assistant Defender

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Sarah Allen Named First Assistant Defender

PHILADELPHIA–The Defender Association today announced that Sarah Allen will be the new First Assistant Defender. Allen, a 23-year veteran of the Defender Association, is currently the Chief of the Municipal Court Pre-trial unit and is responsible for supervising all misdemeanor cases pre-trial. 

“On behalf of the Board I want to congratulate both Keisha Hudson on her selection and Sarah Allen for being selected as First Assistant,” said Defender Board President Paul Hetznecker, “Sarah Allen is an excellent choice for the role. Ms. Hudson’s decision to select Ms. Allen, a career Defender, is recognition that a careerlong, passionate commitment to the Defender mission is essential to continuing on the path to real criminal justice reform.” 

Sarah Allen will be replacing Alan Tauber, who will remain with the Defender until January to assist with the leadership transition. “When our justice system all but shut down at the beginning of the pandemic, Sarah spearheaded our efforts to secure emergency releases for more than 1,000 incarcerated people,” said Tauber, “Her ability to execute this huge, critical program is indicative of the professionalism, leadership, innovation and commitment she will bring to her role as First Assistant Defender.” 

Chief Defender Keisha Hudson, who officially started in her new role on November 30, said she was “thrilled” to work with Ms. Allen, citing her impeccable reputation as an attorney, a leader, a collaborator, and a visionary. “I am incredibly honored to work with her,” said Hudson. 

“I am extremely honored and proud to be selected to be the First Assistant,” Allen said, “We are facing extremely challenging times and Keisha [Hudson] has assembled a team that is ready to face these challenges and move the Defender forward.” 

Sarah Allen steps into her new role on Monday, December 6, 2021.

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Defender Files Amicus Brief: Scott v. PA Board of Probation & Parole

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The Defender Association of Philadelphia has filed an amicus brief in support of the plaintiff in Scott v. PA Board of Probation and Parole. The lawsuit, filed in July 2020 by the Abolitionist Law Center, Amistad Law Project, and the Center for Constitutional Rights, is the first case of its kind in the country. It argues that mandatory life sentences without the possibility of parole for those who did not kill or intend to kill do not serve any legitimate governmental interest and are illegally cruel under the Pennsylvania Constitution.

The suit was brought by six people serving mandatory life without parole (LWOP). The six individuals are serving LWOP and are denied the possibility for parole due to their convictions for felony murder, even though they themselves did not kill anyone or intend to kill anyone.

The felony murder rule, which exists in forty-four states, holds a person liable for murder if the person participates in a felony that leads to a death, even if the person plays no direct role in the death or does not intend or anticipate it. In Pennsylvania, people found guilty are automatically sentenced to life, and a separate provision of state law prohibits parole eligibility for anyone serving life.

The Defender Association’s amicus brief highlights how paroled juvenile lifers, released after the U.S. Supreme Court decisions held their incarcerations to be unconstitutional, are positively contributing to the community. The Pennsylvania Supreme Court will now decide if the lawsuit may proceed.

Read the Defender’s Amicus Brief here.

Additional Info:

After the U.S. Supreme Court ruled that it was unconstitutional to sentence youth to mandatory life without parole, 541 individuals serving juvenile LWOP became entitled to a new sentencing hearing, with Philadelphia  having the largest group of children (325) serving mandatory LWOP. The Defender devised a three-year plan, worked side by side with court administration, City Council, the DA’s Office, and numerous legal organizations and private firms across the region. The Defender represented 75 percent of Philadelphia’s cases and trained and supported pro bono counsel to handle the remaining 25 percent. Across the Commonwealth to date, 469 former children sentenced to LWOP have been resentenced and 248 released.

 

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Probation Termination

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The Defender offers probation termination services for clients:

To be eligible, clients MUST BE COMPLIANT with their probation conditions, including:

  • Regularly reporting to their probation officer,
  • Attending any recommended treatment,
  • paying fines and cost (if they are able)

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INSTRUCTIONS FOR APPLYING FOR PROBATION TERMINATION

  • Fill out the questionnaire below to the best of your ability. If you’re unsure how to answer a question, leave it blank. Your Police Photo Number (PP) & Name & Telephone Number of your Probation Officer are REQUIRED.
  • Please discuss probation termination with your Probation Officer. We will reach out to them for a recommendation for your early termination.
  • Early Termination of Probation Petitions takes time to be researched, drafted, and to be filed with your Judge. PLEASE GIVE US 4 to 6 WEEKS BEFORE YOU BEGIN CALLING US.
    • If you had a Private Attorney (Petitioner can file the petition themselves at CJC, 13th & Filbert Street,2nd Floor at the Motion’s desk (For A Fee) or have Private Attorney file on your behalf. If you can no longer afford a Private Attorney, you must see your judge to have the Defender Association appointed.
    • If you had a Court Appointed Attorney we must research your case for potential conflicts. Our office will call if we are NOT able to submit a petition for you.
  • PLEASE LIMIT CALLS TO THE DEFENDER during the process. Petitions can take up to 6 or more months to be determined. Our office will only call you if we have any further questions to ask about your termination and/or with the Judge’s decision and/or Court Date regarding your pending Petition.
  • Please fax copies of Certificate of Completed Program/s, Letter of Recommendations, Awards, etc. to Mrs. Rivera at: 267-765-6976

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Keir Bradford-Grey Remembers Thurgood Matthews

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Thurgood Matthews was with the Defender for over 40 years and was the head of the Special Defense Unit. He passed away on November 20. Read more about Thurgood here. 
 
PHILADELPHIA–“It is with great sadness and extreme difficulty that I write to inform you of the passing of one of the Defender Association of Philadelphia’s most beloved family members, Thurgood Matthews. Our most heartfelt sympathies go out to Thurgood’s family members and especially our Defender colleague, Thurgood’s daughter, Keisha Matthews. 

“Words cannot describe what the loss of a legal giant like Thurgood Matthews means to our legal community.  The Defender Association was fortunate to have a lawyer of such great distinction dedicate his career to enhancing the standards of excellent representation. He instilled a sense of pride in so many professionals within the Association to remind us how much of an honor it was to work on behalf of communities fighting for their civil rights.   

“The contributions Thurgood made to the legal profession are both numerous and monumental.  Those of us who had the privilege of being guided and mentored by him have, and will continue to benefit tremendously from his sharp, intellectual trial instincts, which were second to none.

“He touched our lives in so many ways. He was a great friend and confidant. His wise counsel and sharp wit often transformed simple conversations into intellectual life lessons. He combined humor with frank honesty in a way that made us keep coming back for repeated doses of his wisdom.

“Thurgood Matthews was the epitome of what it means to be a defender. He was a fierce advocate, quick to attack those who stepped out of the bounds of ethics of our profession. He was well-respected by his opponents, who feared his ire if they dared to discharge their duties with anything but honor and dignity. He truly raised the bar, and I am privileged and honored that I had the opportunity to enhance and hone my craft under his mentorship. But most of all, I am blessed to call him my friend and family.  

“There are certain people who can never be replaced, but whose legacies will live on through our efforts to enhance the quality and standards of our practice and culture. Thurgood Matthews is one of those people. He was loved and will be tremendously missed.” 
 
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Case & Court Status

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Look Up Your Case |  Courtroom & Attorney Info  |  Additional Resources & Info

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Click here to download this flyer for information and guidance on how to navigate the system if you have an open case. 

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[ps2id id=’lookupcase’ target=”/]Look Up Your Case

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If you have an open case, please find public docket information at: https://ujsportal.pacourts.us/CaseSearch

Then, use the spreadsheet below to locate your scheduled courtroom and attorney contact information. 

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[ps2id id=’courtinfo’ target=”/]Courtroom and Attorney Info

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Use the table below to see the latest information on how each courtroom is handling hearings.

If you or a loved one have a court date for any of the listed courtrooms, please reach out directly to the attorney assigned to your case. If you have not been assigned a specific attorney name or are unsure, please contact the department heads listed below, and they can assist you with the specific details of your case.

[/vc_column_text][vc_raw_html]JTNDY2VudGVyJTNFJTNDaWZyYW1lJTIwd2lkdGglM0QlMjIxMDAwJTIyJTIwaGVpZ2h0JTNEJTIyMTY1MCUyMiUyMHNyYyUzRCUyMmh0dHBzJTNBJTJGJTJGZG9jcy5nb29nbGUuY29tJTJGc3ByZWFkc2hlZXRzJTJGZCUyRmUlMkYyUEFDWC0xdlNzc0c5UlVCQU9BQ2JHb3hwNl9mMFFqeFNOMEpDRWNDQlZTeE9zX01jSWxrMjZuTXg1X19aaHMzV1dQemRwRHh1eC1Bc3ludkZkWVZHUyUyRnB1Ymh0bWwlM0Z3aWRnZXQlM0R0cnVlJTI2YW1wJTNCaGVhZGVycyUzRGZhbHNlJTIyJTNFJTNDJTJGaWZyYW1lJTNFJTNDJTJGY2VudGVyJTNF[/vc_raw_html][/vc_column][/vc_row][vc_row][vc_column][vc_empty_space][/vc_column][/vc_row][vc_row css=”.vc_custom_1607520993258{background-color: #dae2f2 !important;}”][vc_column][vc_column_text]

[ps2id id=’moreinfo’ target=”/]More Info and Resources

Click the buttons below for additional information to help prepare for your case

[/vc_column_text][vc_row_inner equal_height=”yes” content_placement=”middle” gap=”10″][vc_column_inner width=”1/3″ css=”.vc_custom_1629822931066{margin-top: 10px !important;margin-right: 10px !important;margin-bottom: 10px !important;margin-left: 10px !important;}”][dt_button link=”https://www.phillydefenders.org/client-interview/” button_alignment=”center”]SCHEDULE AN INTERVIEW WITH A DEFENDER[/dt_button][/vc_column_inner][vc_column_inner width=”1/3″ css=”.vc_custom_1629822957341{margin-top: 10px !important;margin-right: 10px !important;margin-bottom: 10px !important;margin-left: 10px !important;}”][dt_button link=”https://docs.google.com/document/d/e/2PACX-1vTmrOw7OOGE1krlfBSNfZKshvPhzlZYTe9GdeBLA3lJ10WJIUdP5A6u8mFv49SkTHBbSLlifa02lUbl/pub” button_alignment=”center”]FIND A PARTICIPATORY DEFENSE HUB NEAR YOU[/dt_button][/vc_column_inner][vc_column_inner width=”1/3″ css=”.vc_custom_1629822980856{margin-top: 10px !important;margin-right: 10px !important;margin-bottom: 10px !important;margin-left: 10px !important;}”][dt_button link=”https://phillydefenders.org/expungement” button_alignment=”center”]EXPUNGEMENT REQUESTS[/dt_button][/vc_column_inner][/vc_row_inner][vc_row_inner gap=”10″][vc_column_inner width=”1/2″ css=”.vc_custom_1629822996777{margin-top: 10px !important;margin-right: 10px !important;margin-bottom: 10px !important;margin-left: 10px !important;}”][dt_button link=”https://phillydefenders.org/probation-termination” target_blank=”true” button_alignment=”center”]PROBATION TERMINATION REQUEST[/dt_button][/vc_column_inner][vc_column_inner width=”1/2″ css=”.vc_custom_1629823013780{margin-top: 10px !important;margin-right: 10px !important;margin-bottom: 10px !important;margin-left: 10px !important;}”][dt_button link=”https://phillydefenders.org/kys” target_blank=”true” button_alignment=”center”]KNOW YOUR JUSTICE SYSTEM[/dt_button][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_empty_space][/vc_column][/vc_row][vc_row css=”.vc_custom_1607529625825{background-color: #0367bf !important;}”][vc_column][vc_column_text]

Status of the Philly Courts

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_empty_space][vc_column_text]Appearance at Hearings:

On your docket sheet, you can locate the date and courtroom for your next hearing.  Please note that depending on court restrictions that are constantly changing, some hearings have been happening in person, some virtually online, and some have been rescheduled without an update on the docket sheet.  

Please be in touch with the Defender as shown below or call the courts in advance if you are unsure what you should do.  If you do not appear for a hearing when required, the judge may issue a “bench warrant” for your arrest.  Additional notes and Defender contact information can be found in the table below.

Public Access:

Due to the COVID-19 crisis, courts have been mostly to the public and having hearings “by appointment only.” At this time, there is still very limited remote access for family members and supporters to attend court events online.  

For the majority of scheduled events, there is no way for the public to gain access, either in person or remotely. Please request access for family, friends, and supporters through your defense attorney 72 hours in advance.

Please remember that the judges, not our attorneys, decide which family/friends can attend the hearings. If the judge allows supporters to attend in person, they may have to view the hearing on TV in a different courtroom.[/vc_column_text][vc_empty_space][vc_column_text css=”.vc_custom_1607452374601{background-color: #0367bf !important;}”]

Types of Hearings

[/vc_column_text][ultimate_heading main_heading=”Bail Hearings” main_heading_color=”#2237d6″ alignment=”left” main_heading_font_size=”desktop:20px;” main_heading_line_height=”desktop:30px;” main_heading_margin=”margin-top:15px;margin-bottom:15px;” main_heading_style=”font-weight:bold;”]If your loved one was recently arrested, they will have a Preliminary Arraignment, or Bail Hearing, in the first 24 hours.  Please note the following:

  • Your loved one is at the police district and appears through CCTV for the bail hearing. There is no public access to the bail hearing.
  • If you have any information that could help, please call the court at 215-683-7283 and ask to speak to the Public Defender there.
  • Please give the Defender any information about employment, school, health, family life, or other responsibilities that would help us make a strong case for release from custody.

[/ultimate_heading][ultimate_heading main_heading=”MC Hearings” main_heading_color=”#2237d6″ alignment=”left” main_heading_font_size=”desktop:20px;” main_heading_line_height=”desktop:30px;” main_heading_margin=”margin-top:15px;margin-bottom:15px;” main_heading_style=”font-weight:bold;”]If your docket number starts with “MC” please note the following:

  • Courts are now scheduling MC trials.
  • Due to pandemic-related challenges and jail policies, people in custody may experience delays in hearings and trials.
  • If you have been assigned a public defender by the court, click here to schedule an interview with our office so that we have the information we need to defend you. 
  • MC Preliminary Hearings are generally taking place in person. Please make sure you have scheduled an interview (link) well in advance of your Preliminary Hearing so that we are prepared for the hearing.  Please discuss your case and whether it will be in person or virtual with our office prior to the scheduled date. Please make sure we have up-to-date contact information for you. There are very long delays in scheduling Preliminary Hearings because of strict limits on how many hearings can be safely held each day, and the priority is for people who are in custody.
  • Family members and support people who also want to attend scheduled hearings can request access to the hearing through the defendant’s attorney, at least 24 hours in advance, and a judge will decide whether family/friends can attend the hearings.

[/ultimate_heading][ultimate_heading main_heading=”CP Hearings” main_heading_color=”#2237d6″ alignment=”left” main_heading_font_size=”desktop:20px;” main_heading_line_height=”desktop:30px;” main_heading_margin=”margin-top:15px;margin-bottom:15px;” main_heading_style=”font-weight:bold;”]If your docket number starts with “CP” please note the following:

  • CP hearings and trials are prioritized for those who are in custody. However, there may be delays due to pandemic-related challenges or jail policy. 
  • The courts are now open for jury and non-jury trials. Contact your attorney now to make sure you’re ready for trial.
  • While the pandemic has created some uncertainty, jury trials for those out of custody will most likely take place in 2022. Please make sure your attorney can reach you in case of changes to the court schedule.
  • Please keep in consistent contact with your assigned attorney to make sure they know how to contact you about the court’s changing requirements and to provide any new information or ask questions about your case.
  • Public access to many courtrooms is limited. Those interested in attending jury trials must contact the defense attorney at least 72 hours prior to the court date to be placed on a list to gain access to a viewing room or the courtroom.  Public attendance is decided by a judge on a case by case basis.

[/ultimate_heading][/vc_column][/vc_row][vc_row][vc_column][vc_empty_space][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Additional Notes:

  • If you are dealing with an issue related to a probation hearing, parole hearing, or detainer or Gagnon hearing, please contact Byron Cotter (bcotter@philadefender.org or 267-765-6565) or Victoria Sanita (vsanita@philadefender.org or 267-765-6724).
  • If you are aware that your case is part of the city’s Group Violence Intervention (GVI) plan, please contact Rachel Echemendia at rechemendia@philadender.org 
  • If you are aware that your case is part of Project Dawn, please contact Anna Shapiro at ashapiro@philadefender.org.

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Keir Bradford-Grey: We Need Real Alternatives to Cash Bail

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PHILADELPHIA–“The Defender Association of Philadelphia appreciates the support DA Larry Krasner has given to our ongoing efforts to move our justice system to community-based alternatives to pre-trial detention. However, the DA’s practice of ‘simulated no-cash bail’ to keep people in jail is a legal slight-0f-hand that only perpetuates the economic and racial disparities that exist in our prison population.
 
“The DAs office last year committed to join the Defender’s proposal to adhere to the PA law that prevents the use of cash bail for the sole purpose of detention. We agreed to develop a transparent process that would require prosecutors to ask for defendants’ bail to be revoked only after the prosecution shows by clear and convincing evidence (as the law requires) that the person is a flight risk, and/or a danger to the community. The magistrate can then exercise the option to place a high amount of cash bail or preventatively detain the person, depending on the information presented at a detention hearing. Unfortunately, the DA’s new bail policy sidesteps this process.
 
 “The purpose of bail is to ensure one’s appearance in court and to place added emphasis on abiding by conditions of release. And, while we understand the rationale behind the DA’s ‘simulated no-cash bail’ approach, it goes against our agreement on the process and is in violation of the law, which doesn’t allow bail to be placed on individuals for the sole purpose of keeping them in jail.    
 
“These excessively high bail amounts disproportionately impact Black and Brown defendants in our jails. We are in the midst of the COVID-19 crisis, and this practice contributes to the risk of spreading the virus in our jails while causing collateral damage to the families of the incarcerated, many of whom are already struggling with today’s new economic realities.
 
“This is not the type of justice reform we need. It’s time to re-think our approach to pre-trial incarceration. Our work with the Pre-entry Coalition has shown that providing community supports plays a big role in lowering recidivism. We should be expanding on the pre-entry model instead of doubling down on a system that has never served us well. 
 
“If we want to make better decisions about people at the front end of our system, then we need to change the process by which we gather information about them.  Only then will we have a more balanced justice system–one that helps us make decisions that truly support public safety.”
 
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Defender’s Statement on Philly Prison Conditions

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A recent story in the Philadelphia Inquirer contained an internal e-mail communication from a Defender attorney about concerns related to visiting clients in prison during COVID-19. While we are, of course, concerned about the safety of our staff and our incarcerated clients during the pandemic, the views expressed in the e-mail in no way reflect the feelings of all Defender attorneys, nor the Defender’s commitment to providing full representation to all of our clients, no matter where they are.

In our visits, we have found that the Philadelphia Department of Prisons staff and management are taking the coronavirus very seriously, and are doing all they can to implement and enforce safety protocols. We have set up our own internal reporting for Defender staff to share their safety concerns, and we will share these concerns with the prisons as they arise.

In the meantime, we’re working collaboratively with our justice system partners to increase attorney-client access and facilitate the safe release of as many of our clients as possible.  

Follow us: @PhillyDefenders