Suggesting unionization as a (partial) solution to to federal indigent defense problems

An informed reader, in response to the recent NACDL report about the state of federal indigent defense resprentation (noted here), sent me a letter and requested I post it in this space.  I am happy to do so:

The National Association of Criminal Defense Lawyers has just issued a hard-hitting report [available here], “Federal Indigent Defense 2015: The Independence Initiative.”  The first of its seven points is that federal indigent defense needs independence from the judiciary. In response, the libertarian Cato Institute has already argued [here] that “one reform that is entirely absent from the report is the introduction of client choice and free market competition into the indigent defense system.”  The idea is, among other things, impractical.  The one practical reform “that is entirely missing from the report” is something else entirely: unionization of attorneys in Federal Defender offices (which nation-wide represent most federal criminal defendants).

The one unionized federal defender office — Federal Defenders of New York, Inc., which covers all of New York City and several surrounding counties — has been a success story. Without fear of losing our jobs (except, of course, for cause), lawyers in our unionized office can devote ourselves more effectively to our primary mission: zealous representation of clients. No lawyer needs fear dismissal for reasons that are political, unfair or arbitrary.

We work in an office with superb management and in two federal districts with outstanding judges.  Like others around the country, the good faith of everyone in the criminal justice system goes a long way.  But we also live in a country of laws, not just people, and we benefit from institutional structures, including a union, that allows us to make arguments before judges as compellingly as we can, as respectfully as we are — and without fear. 　

I am attaching a more detailed letter that I wrote to the NACDL Federal Indigent Task Force a year ago.  [Available here: Download Letter on NACDL Federal Inidgent Task Force.7.25.2014]　

Sincerely, 　

Douglas G. Morris

Vice-President – Unit for Federal Defenders of New York

Association of Legal Aid Attorneys, UAW 2235 (AFL-CIO)

Assistant Federal Defender

Federal Defenders of New York, Eastern District of New York