Pubdate: Wed, 16 Jun 1999 Source: Houston Chronicle (TX) Copyright: 1999 Houston Chronicle Contact: http://www.chron.com/ Forum: http://www.chron.com/content/hcitalk/index.html Author: Steve Brewer BACKERS URGE BUSH TO SIGN DEFENDERS BILL INTO LAW Supporters of a bill that could change how judges appoint attorneys for poor criminal defendants in Texas urged Gov. George W. Bush on Tuesday to sign the measure into law. But Harris County judges and many defense lawyers countered that Senate Bill 247 could create an expensive bureaucratic nightmare and actually result in lower-quality representation for people. Their comments came after Houston Mayor Pro Tem Jew Don Boney and civil rights and civic groups conducted a news conference Tuesday outside the criminal courthouse in support of the bill, sponsored by State Sen. Rodney Ellis, D-Houston. "Most judges in Harris County are former prosecutors, and while we're not saying that former prosecutors can't be fair judges, I'm sure many poor people would like the opportunity to have somebody other than a former prosecutor choose who would represent them," Boney said. SB 247 could shift the power to appoint lawyers from judges to commissioners courts, who could then set up a public defender's office, contract with outside agencies or allow judges to keep making appointments. The bill also proposes a "public list" be established and that lawyers be appointed in order off that list. If a judge wanted to appoint someone else he would have to give a written statement listing his reasons. Scott McClellan, a spokesman for Bush, said the governor was expected back from a presidential campaign swing late Tuesday. He said Bush is studying SB 247, which he could sign into law or veto. If Bush does nothing by June 20, it becomes law. Supporters of the bill included NAACP members, a member of Ellis' staff, a defense lawyer, a law professor, former Texas Southern University president and longtime law school dean James Douglas and members of other groups. They say the bill could start a "dialogue" on how poor people are represented. Defense attorney David A. Jones, Douglas and Howard Jefferson, president of the Houston NAACP board, said the bill could affect the disproportionate number of blacks and Hispanics in prison. Many in the group contend that appointed attorneys cut deals for poor defendants more often and don't vigorously defend them so as not to anger the judges who appoint them. Neil McCabe, a South Texas College of Law Professor, said Houston and San Antonio are the only two cities in the top 10 (by population) that do not use public defenders. He said the current system is "ethically challenged." He and others noted that the bill moved through the Legislature without opposition and with support of prosecutors and the Texas Criminal Defense Lawyers Association. But, in fact, the TCDLA and many lawmakers who once backed SB 247 have withdrawn their support. Among them is State Sen. Royce West, D-Dallas, who co-sponsored SB 247 with Ellis. He said Tuesday he no longer backed it because of changes that had been made to it, but declined further comment. Kent A. Schaffer, TCDLA president, said his group supported the bill before it went into a conference committee. But at the time it was just a proposal to see that poor defendants were able to see lawyers more quickly. But Ellis, who was out of town Tuesday, amended the bill in committee, Schaffer said, and that triggered the opposition. "I think the legislation is attempting to fix a problem that doesn't exist," said Schaffer, who has asked Bush to veto the bill. Local judges agree, saying the system runs smoothly, saves taxpayers' money and provides quality defense for the poor. "The taxpayers' cost is the same as it was 12 years ago and the quality of lawyers is extremely high," said state District Judge Ted Poe. "We have found that judges are using fewer lawyers because we want better lawyers. This is a bill to promote more work for lawyers. It's not a bill that will promote better representation for indigent defendants. We don't exist to feed lawyers out of law school." And state District Judge George Godwin, the county's administrative judge for criminal courts, scoffed at the allegations of political patronage and favoritism. He said judges, as a practical matter, want poor defendants to have the best lawyers possible, so cases are not overturned on appeal. Many lawyers who take appointments harshly criticized the bill, dismissed the racial implications made by its supporters and say that other members of the defense bar who support it are just angry because judges don't throw them enough work. Two who take many such appointments -- Floyd Freed and Rachel Capote -- said public defenders would create another bureaucratic step for defendants and said it was unlikely that seasoned lawyers would work in such an office. Freed said the "public list" would create a situation where judges couldn't match the best attorney to a certain case. Capote said: "Are they (the poor) going to get better representation with any other system? The answer is no." As for moving appointment power to commissioners, several lawyers and judges said that would do nothing but make any kind of favoritism worse and also put justice in the hands of people who know nothing about the legal system. - --- MAP posted-by: Don Beck