If I write about a legal matter on this blog, it usually involves battalions of attorneys on each side, months of motions, briefs, and hearings, and legal fees easily mounting into the millions of dollars. That’s how our legal system works if, say, you lie to your investors about a synthetic CDO and the SEC decides to go after you—even if it’s a civil, not a criminal matter.
But most legal matters in this country don’t operate that way, even if you face the threat of prison time (or juvenile detention), and all the collateral consequences that entails (ineligibility for public housing, student loans, and many public sector jobs, to name a few). Theoretically, the Constitution guarantees you the services of an attorney if you are accused of a felony (Gideon v. Wainwright), misdemeanor that creates the risk of jail time (Argersinger v. Hamlin), or a juvenile offense that could result in confinement (In re Gault). The problem is that this requires state and counties to pay for attorneys for poor defendants, which is just about the lowest priority for many state legislatures, especially those controlled by conservatives.
In Crisp County, Georgia, home of the Cordele Judicial Circuit, this just doesn’t happen. In 2012, for example, there were 681 juvenile delinquency and unruly behavior cases. The public defenders handled only 52 of those cases, and we know that most of the defendants couldn’t have afforded private attorneys. The result is hundreds of guilty pleas resulting in detention by children who have no idea what their rights are.
We know this because of a lawsuit (complaint; summary by Andrew Cohen) brought by the Southern Center for Human Rights. (I am a member of the SCHR’s board of directors.) This is not an isolated case. The SCHR alone has repeatedly sued the state of Georgia for underfunding its public defender system to the point where defendants lack any reasonable semblance of representation. This problem is not confined to less-serious cases (which are, of course, still extremely serious to the person facing time in prison). In Alabama, for example, state law limits the amount that can be spent on a court-appointed lawyer to $1,500—for death penalty appeals. (That’s $1,500 total, not $1,500 per hour, for those of you who work on Wall Street.)
At one end of our legal system, it’s too hard to hold anyone responsible for blowing up our financial system and costing 8 million Americans their jobs. At the other end, we are shuttling thousands of young people into detention and prison (and forcing them to pay fees for the “public defenders” who don’t show up at their hearings) because we can’t be bothered to pay decent lawyers. Something is wrong here?
Help us Prepare for Trump’s Day One
Trump is busy getting ready for Day One of his presidency – but so is Truthout.
Trump has made it no secret that he is planning a demolition-style attack on both specific communities and democracy as a whole, beginning on his first day in office. With over 25 executive orders and directives queued up for January 20, he’s promised to “launch the largest deportation program in American history,” roll back anti-discrimination protections for transgender students, and implement a “drill, drill, drill” approach to ramp up oil and gas extraction.
Organizations like Truthout are also being threatened by legislation like HR 9495, the “nonprofit killer bill” that would allow the Treasury Secretary to declare any nonprofit a “terrorist-supporting organization” and strip its tax-exempt status without due process. Progressive media like Truthout that has courageously focused on reporting on Israel’s genocide in Gaza are in the bill’s crosshairs.
As journalists, we have a responsibility to look at hard realities and communicate them to you. We hope that you, like us, can use this information to prepare for what’s to come.
And if you feel uncertain about what to do in the face of a second Trump administration, we invite you to be an indispensable part of Truthout’s preparations.
In addition to covering the widespread onslaught of draconian policy, we’re shoring up our resources for what might come next for progressive media: bad-faith lawsuits from far-right ghouls, legislation that seeks to strip us of our ability to receive tax-deductible donations, and further throttling of our reach on social media platforms owned by Trump’s sycophants.
We’re preparing right now for Trump’s Day One: building a brave coalition of movement media; reaching out to the activists, academics, and thinkers we trust to shine a light on the inner workings of authoritarianism; and planning to use journalism as a tool to equip movements to protect the people, lands, and principles most vulnerable to Trump’s destruction.
We’re asking all of our readers to start a monthly donation or make a one-time donation – as a commitment to stand with us on day one of Trump’s presidency, and every day after that, as we produce journalism that combats authoritarianism, censorship, injustice, and misinformation. You’re an essential part of our future – please join the movement by making a tax-deductible donation today.
If you have the means to make a substantial gift, please dig deep during this critical time!
With gratitude and resolve,
Maya, Negin, Saima, and Ziggy