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PRESS ADVISORY: Hearing this Thursday for SCHR’s Northern Circuit Indigent Defense Lawsuit

Date of Publication: 
03/01/2010
Author: 
Southern Center for Human Rights

WHAT:    Superior Court Judge J. David Roper will hold a hearing in Cantwell v. Crawford, a class action lawsuit that seeks to protect men and women in Elbert, Franklin, Hart, Madison and Oglethorpe Counties from being prosecuted without representation. 

WHEN:    Thursday, March 3, 2010, Hearing at 9:30 am. (This is a continuation from Wednesday's hearing.)

WHERE:     Elbert County Superior Court, 12 S. Oliver Street, Elberton, GA 30635

WHY:    Cantwell was filed in April, 2009 when approximately 300 people were not being provided legal representation. This is because Mack Crawford, Director of the Georgia Public Defender Standards Council failed to renew contracts with three lawyers who were providing representation to defendants whose interests conflicted with those of defendants represented by the Northern Judicial Circuit public defender office.  

This is the second of four bouts of litigation that SCHR has brought in response to diminished resources for cases with multiple co-defendants. In June 2008, Crawford attempted to close the Metro Conflict Defender office.  However enforcing the constitutional rights of people facing criminal charges without an attorney, SCHR stopped the closure of the well-regarded office.  In November 2009, SCHR presented arguments to the Georgia Supreme Court on behalf of Jamie Weis, a mentally ill man who was denied funding for legal representation to represent him in his capital case for over two years.  In December, 2009, SCHR a lawsuit to ensure that people sitting in Georgia prisons without counsel and waiting to pursue motions for new trial and/or direct appeals are appointed counsel. Last Tuesday, February 23, a superior court judge granted mandamus and class certification, requiring the State to appoint lawyers within 30 days for the people seeking to file appeals.

CONTACT:    Kathryn Hamoudah, 404/688-1202 office, khamoudah@schr.org