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boortz law blast


volume 2 issue 9

december 2014

Dear colleagues, friends, and fellow professionals,

Happy Holidays! I hope that you and yours have a joyful holiday season and enjoy quality time with your family and friends. This month I am taking a look at Georgia's misdemeanor probation system and have uncovered some facts which you might find surprising and alarming. I am also honored to feature an interview with a tireless defender of the Constitutional right to counsel. 

To your success,
Kathryn Boortz
Criminal and Juvenile Defense Attorney

www.boortzlaw.com

 

Georgia Misdemeanor Probation Shockers


The next time you’re getting a morning coffee at McDonald’s or Starbucks consider the fact that one or two of your fellow customers and/or service staff is likely under supervision by the state’s criminal justice system.  More than likely that person is on probation for a traffic infraction or minor misdemeanor, and is under the control of a private, for-profit probation service working for the state.

In fact, approximately 500,000 of your fellow Georgia citizens are on probation, the vast majority of whom are being supervised by private probation companies that earn significant fees for their services to the state. Georgia leads the nation in the number of its citizens on probation, and its rate of citizens on probation is more than four times the national average.

In many cases surcharges and supervision fees add up to more than the original cost of the misdemeanor fine. While probation has long been used as an alternative to jail time for minor criminal offenses, it is also used by courts to “supervise” people who cannot immediately pay court-ordered fines, whether imposed for misdemeanor crimes or minor traffic offenses. 

Backlash against Georgia’s probation system has been growing, with 2014 serving as a pivotal year for addressing what many in the state consider an abusive system that gouges the poor. Last month the Georgia Supreme Court ruled that private probation companies can manage misdemeanor probationers, but that the companies cannot extend the sentences of those on probation. The ruling follows Gov. Nathan Deal’s April veto of HB 837, which would have expanded the power of private probation companies. The governor has asked the Criminal Justice Reform Council to study the probation system and recommend changes.

As a defense attorney, probation has greatly benefited many of my clients and it can be an appropriate resolution for many cases. However, I have seen firsthand how unfortunate it can be when a client cannot pay a fine on the day they enter a plea to a particular charge, and are then placed on probation to pay off the fine. Typically, they must pay $40-44 per month just to be supervised on probation. Some judges allow community service in lieu of fines or for a portion of the fine, and this seems to be a step in the right direction.

The Southern Center for Human Rights (SCHR) calls Georgia’s misdemeanor probation system “broken,” noting that it “prioritizes money collection over public safety and rehabilitation.”

The SCHR’s president and senior counsel, Stephen B. Bright, is this month’s “Professional in the Spotlight” below.

Professional in the Spotlight: 
Stephen B. Bright


This month’s “Professional in the Spotlight” is president and senior counsel for the Southern Center for Human Rights. As a passionate defender of the constitutional right to counsel for all people accused of crimes, Steve Bright has worked tirelessly for more than 32 years to ensure that all people receive substantive legal counsel no matter their social, economic or racial status. In particular Steve focuses on the right to counsel with regard to poor people and inadequate legal representation in death penalty cases. Steve is also involved in fighting against unconstitutional conditions in prisons and jails, and racial discrimination within the legal system. I am proud to have worked with Steve back in 2008 when his office was challenging the Georgia Public Defender Standards Council and honored to call him a friend.

Q:  What type of business are you in?  
A:  Human rights law and teaching. I have been with the Southern Center for Human Rights for 32 years representing people in death penalty cases as well as class actions regarding the right to counsel for poor people accused of crimes and unconstitutional conditions and practices in prisons and jails. I have been teaching at Yale Law School since 1993 and have taught at several other law schools, including Georgia and Emory, during that time. At Yale, I teach a four-unit course on the death penalty, emphasizing racial discrimination and the right to counsel in all kinds of criminal cases, including death cases, and issues regarding the death penalty for intellectually disabled and mentally ill people. 

I’m also one of three people who run the death penalty clinic at the law school. Students who have participated in the clinic work on capital cases with us and lawyers from the Southern Center and the Equal Justice Initiative in Alabama. I have recently completed an online version of my course, available to anyone for free, at:
https://www.youtube.com/playlist?list=PLh9mgdi4rNez7ZuPRY3KNJ2ef16qebyZe and https://itunes.apple.com/us/course/capital-punishment-race-poverty/id942696735 . I hope that it will help inform people about the issues I’m concerned about.

Q:  What was the last experience that made you a stronger person?
A:  In the ongoing work we do at the Center with regard to the right to counsel, we continue to discover children and adults who receive no representation at all, others who receive only perfunctory representation, and people who are thrown in debtors’ prisons without counsel. Georgia executed Robert Holsey on December 9, even though his lawyer was drinking a quart of vodka a day during his trial and was preoccupied with being on the verge of being indicted and disbarred for stealing client funds. No system that pretends to be about justice should have allowed that execution. It is immensely discouraging that so many people still do not receive adequate representation 51 years after Gideon v. Wainwright, but it strengthens our resolve to continue our efforts to make the right to counsel and equal justice a reality in the courts.

Q:  If you could meet anyone, living or dead, who would it be?
A:  Thurgood Marshall.

Q:  When you have 30 minutes of free-time, what do you like to do?
A:  Read The New York Times.

Q:  What is the best piece of advice anyone has ever given you regarding your profession or career?
A:  I learned growing up from Dr. Martin Luther King, Jr., that nothing was more important than eliminating racism and poverty and nothing was less important than one’s income. These lessons have served me well during my life in the law.

Motivation and Inspiration


“The best and most beautiful things in the world cannot be seen or even touched. They must be felt with the heart.”
–Helen Keller

“May your walls know joy, may every room hold laughter, and every window open to great possibility.” 
–Mary Anne Radmacher

“Blessed is the season which engages the whole world in a conspiracy of love.” 
–Hamilton Wright Mabie

“Love the giver more than the gift.”
–Brigham Young



Thanks for checking out my newsletter. If I can ever be a resource to you, please let me know. I am a criminal defense trial attorney and handle cases at both the state and federal level.  I also have a thriving juvenile defense practice and enjoy working with families.
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Copyright © 2014 Kathryn Boortz, Attorney at Law, All rights reserved.


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