Philly Defenders Secure Safe Release of 100 Clients

The milestone is a testament to the power of a collaborative approach to reducing Philly's jail population. 

 

PHILADELPHIA—In response to the dangerous conditions caused by severe staffing shortages in Philadelphia’s jails, the Defender Association of Philadelphia, in collaboration with the First Judicial District and the District Attorney’s Office, has successfully secured the safe release of 100 incarcerated people. This initiative, part of a series of Emergency Bail Hearings led by Judge Karen Simmons, aims to reduce the jail population while maintaining public safety.

 

The Emergency Bail Hearings began on October 1, with additional sessions scheduled in the coming weeks. These hearings prioritize cases involving individuals who can be released pre-trial without posing a threat to public safety. Attorneys from the Defender Association, including Chief Defender Keisha Hudson, First Assistant Defender Sarah Allen, Deputy Defender Stephanie Fennell, Andrew Pappas, and Tom Innes, worked closely with the Courts and the District Attorney’s Office to identify eligible clients.

 

“Reducing the jail population during this crisis is a crucial step in safeguarding both the rights of the incarcerated and the efficiency of our justice system,” said Hudson. “The success of these hearings shows the power of the collaborative approach we’ve been pushing for throughout the staffing crisis on State Road.”

 

Hudson added that the Defender Association is dedicated to continuing these efforts, working with City leaders and other advocates to secure additional releases and address the broader challenges facing Philadelphia’s jails. “This is an important milestone, but there is still much work to be done to ensure that we uphold fairness, accountability, and public safety for every citizen of Philadelphia.”

 

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Keisha Hudson on Prison Oversight Bill

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

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

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.”

 

Defender Association Response to $25 million Prison Settlement

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.”

Statement on Closing of Philly Juvenile Assessment Center

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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The Truth about Police Stops: “Driving Equality Dashboard”

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

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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Defender Association Response to Kensington “Sweep”

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 Statement on PA Legislature’s Passage of Criminal Justice Bills

PHILADELPHIA—“On December 13, the PA Legislature passed justice system reform bills that represent significant and positive steps toward criminal justice reform. We celebrate these milestones as victories for justice system-involved Pennsylvanians. At the same time, lawmakers also passed legislation that doesn’t go far enough, or, in some cases represent setbacks in our efforts to create a justice system that works for everyone.    

 

“For the first time, the state budget includes funding for public defender offices across the Commonwealth. This is a major budget provision that removes Pennsylvania’s distinction of being the only state that doesn’t provide funding for indigent defense.   

 

“The Defender Association is particularly thrilled about the passage of HB 689 (Clean Slate Expansion). Entanglement with the criminal justice system justice can create unnecessary lifelong obstacles to housing, career and job opportunities. HB 689 allows Pennsylvanians to seal felony records for most theft and drug convictions after 13 crime-free years. This is a major win for the thousands of people who’ve served their time and are working hard to build a better future for themselves and their families. 

 

“Unfortunately, while we’re appreciative of the amendments made to HB 838 (probation reform bill), the legislation still falls far short of what the Defender Association would want for the tens of thousands of clients we represent in cases related to probation violations.     

 

“We’re particularly concerned about the passage of SB 140, which allows the Attorney General to appoint a special prosecutor to investigate and prosecute crimes occurring ‘within a public transportation center,’ effectively eliminating local and duly elected District Attorneys from the equation. We also feel that the Legislature missed opportunities to make meaningful changes to the Commonwealth’s juvenile justice and medical parole laws.    

 

“While we certainly don’t support every bill that passed last night, the Defender Association appreciates the energy that is being focused on changes to Pennsylvania’s justice system. We remain committed to working with our community allies, and sharing what we learn from data and our clients’ experiences with our state legislators. Ultimately, we believe these conversations will lead to improved criminal justice reform legislation in the future.”     

 

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