Ep. 21 - Form Over Substance

Your host and NY appellate attorney, Mary Whiteside, looks at the arbitrary and opaque political appointment of the next Public Defender in the Monroe County Public Defender’s Office as a microcosm of America’s dysfunctional legal system. In one of the busiest court systems in the country (15,000 new cases in 2021), the stakes of the next MCPD appointment for the office are high—especially for the low-income and minority defendants this office is meant to serve.

If we want the American legal system to start practicing what it preaches—namely, equality and democracy—then counties like Monroe need Public Defenders who, among other things:

• Are experienced supervisors, preferably with experience running a large office with a budget, not just a solo practitioner 
• See themselves as the LAST line of defense for poor people against the well-funded power of the government
• Know something about the county and have some investment in the local area

Several exceptionally qualified Assistant Public Defenders from the Monroe County Public Defender’s Office applied to become the next Public Defender. Any one of these people would have been an excellent choice. But the political process rejected all of these candidates in favor of a person who is none of these things. 

If Monroe County Legislature President Sabrina LaMarr’s recommended appointment goes through, which it almost certainly will, decades of reform are at risk.

Which begs the question: why is LaMarr bringing a less qualified, outside candidate rather than tapping into the wealth of experience and indigent service already available within the public defender’s office? Why have LaMarr’s individual preferences come to stand in for reasonable and well-informed decision-making? What are the stakes for the defendants of Monroe County? And the rest of America, if this process is any indication of what’s happening across the country?

Find the podcast on Twitter @courtpod or drop an email at [e-mail]. We would also love to rate and review the show. It helps others find the program.

Sources Cited

• https://www.democratandchronicle.com/story/news/local/2022/07/28/monroe-county-legislature-president-sabrina-lamar-says-robert-fogg-her-choice-for-public-defender/65384873007/
• https://www.rochestercitynewspaper.com/rochester/candidates-make-their-cases-to-lead-the-monroe-county-public-defenders-office/Content?oid=14523858#:~:text=The%20Monroe%20County%20Public%20Defender%E2%80%99s%20Office%20was%20created,with%20one.%20Annually%2C%20it%20handles%20thousands%20of%20cases.
• http://www.thebuffaloattorney.com/
• https://twitter.com/gcraig1/status/1552743762274689024
• https://danielleponder.com/home "Some Will Be Brave"
• https://www.democratandchronicle.com/story/news/2020/07/01/danielle-ponder-rejoining-public-defenders-office-boost-diversity/5358735002/