Eastern District of California Blog

Heather Williams Officially Named New EDCA Federal Defender

According to this Ninth Circuit News Release, Heather Williams has been officially named the new EDCA Federal Defender and will start May 6. 

Viewpoint: Right to Counsel Under Duress Due To Sequester Cutbacks

That's the title of a joint Viewpoint by U.S. Attorney Ben Wagner and Chief Assistant Federal Defender Linda Harter in Sunday's Sacramento Bee with this excerpt:

Public defender agencies in California have been facing severe budget cuts, layoffs and furloughs in recent years. Now the sequester – across-the-board federal budget cuts that took effect this month – is having a profound impact on those who represent defendants in federal criminal cases. In the Eastern District of California – a district that stretches from the Los Angeles County line to the Oregon border and is home to 7.5 million people – indigent defendants are represented by the Office of the Federal Public Defender and a panel of private attorneys who accept appointment to federal cases. Already lean budgets for those services are being cut further. Attorneys and staff in the Federal Defender's Office are being furloughed in a last-ditch effort to avoid cutting funds necessary for defense experts, investigations and interpreters.

Read more here: http://www.sacbee.com/2013/03/17/5267233/viewpoints-right-to-counsel-is.html#storylink=cpy

EDCA Sequestration: Penny Wise, Pound Foolish

Today is my 4-year blogging anniversary.  Other than the SDFL blog by David Markus, I believe my EDCA blog is the longest continuing federal district blog.  A lot has changed in the EDCA over four years.  Three district judges have retired; new judges have started.  There's been a new US Attorney, new Court Clerk, and a new Federal Defender coming our way. 

But today's word is sequestration.  See Reuters, 3/12/13.  The AO 3/12 Press Release predicts deep cuts leading to case delays and public safety concerns.  Many Federal Defender Offices have been hit with layoffs and furloughs.  See Atlantic, 3/11/13, "How the Sequester Threatens the U.S. Legal System".  For example, the Southern District of Florida Federal Defender Office will essentially be closed every Friday through the end of the fiscal year or until the sequester ends.  (Yet, the only thing Republican Congresspersons seem to be concerned about is delayed access into National Parks.  Portland Press Herald, 3/11/13 and Daily Kos, 3/11/13).

In the EDCA, while we're still short on judges and almost everyone in the criminal justice system seems overloaded, sequestration is making things worse.  The probation office has announced particularly deep cutbacks in services and mandatory employee furlough days.  Much less drug testing, mental health counseling, and treatment services for offenders.  Remember that Second Chance Act to help those getting out of prison to land on their feet and stay out of trouble.  Gone.  Hard to see cutting drug testing, mental health services, and supervision by probation officers as anything but penny wise, pound foolish. 

Word is the Clerk's Office and U.S. Attorney's Office have avoided furloughs (at least for now), and the U.S. Attorney even announced a new hire last week starting in Fresno (white collar AUSA Michael Tierney).  The EDCA Federal Defender will soon start two day a month unpaid furlough days for all employees through the end of the fiscal year.  Friday furlough days will be staggered, so the office won't shut down.  As far as I can tell, the Sixth Amendment right to counsel and the Speedy Trial Act still applies. 

Thanks Republicans in Congress!

New EDCA Federal Defender Selected

Word is that the Ninth Circuit selected Heather Williams (pending background checks) as the new EDCA Federal Defender to replace retiring Dan Broderick.  Heather is the current First Assistant at the District of Arizona's Federal Public Defender Office.  Welcome Heather, and Give Em Hell!

Sacramento Not Guilty Verdict

Yesterday, a Sacramento federal jury returned a verdict of not guilty on all four counts of mailing threatening communications in a trial before Judge Mueller in United States v. Harris, No. 06-107-KJM.  Congratulations to attorneys Ben Galloway and Rachelle Barbour at the Federal Defender's Office.

EDCA Federal Defender Announces Retirement At Year's End

EDCA Federal Defender Dan Broderick announced his retirement, effective at the end of the calendar year, so he can devote more time to travelling, teaching, and writing.  Sounds like an upgrade from practicing law.  He is giving notice now to give the Ninth Circuit time to go through the formal process to pick a replacement.  A big thanks for all he's done for criminal defense in the EDCA.  Here's wishing Dan well in his future endeavors.

Federal Defenders Beat U.S. Attorneys 10-7 In Annual Justice League Softball Big Game

Thursday evening, the Sacramento Federal Defender Court Gestures defeated the U.S. Attorney's Screaming Eagles in the traditional season-ending, softball "Big Game," overcoming 4-0 and 7-5 deficits to win 10-7 by scoring 5 runs in the last inning.  Magistrate Judge Drozd umpired.  No photos available yet. 

For those counting, that's the Federal Defenders' third straight, come-from-behind victory in the Big Game.  2009 Big Game & 2010 Big Game.  The federal prosecutors did edge the defenders in this season's opener warm-up.  For the record, the Defenders had to settle for second place (6-1-1) in the Justice League this year behind the California Attorney General's Harmless Errors, who finished with a 7-0-1 season record.

Federal Defender Caps Undefeated Justice League Season With 10-9 Win In "Big Game" Over U.S. Attorney's Office

With an undefeated season on the line, the Sacramento Federal Defender's softball team nipped the U.S. Attorney's team 10-9 for their second straight victory in their annual Big Game Thursday night.  After falling behind 6-1 after two innings, the defenders roared back, capped with 3 runs in their last at bat for the victory.  With Magistrate Judge Dale Drozd as umpire, this year's game lacked the controversy of last year's FD victory.  See 2009 Big Game Score: FD 11, USA 10.  The Federal Defenders will be hard pressed to repeat as champions next year with a number of their key interns graduating law school and defensive whiz Assistant Federal Defender Lauren Cusick signing as a free agent for a better offer (i.e., more trials) with the San Diego Federal Defenders starting this Fall. 

Federal Defender's Non-Capital Habeas Seminar in Sacramento, Oct. 2, 2009

Here's the flyer for the Federal Defender's 2009 Non-Capital Habeas Seminar on the Delta King Riverboat in Sacramento on October 2, 2009, which is open to all attorneys doing defense side work.  Deadline to register is September 21, 2009.  Very worthwhile for anyone interested in representing habeas corpus petitioners in either the district courts or on appeal.  At $25, it's one of the best bargains for MCLE credits, too.

The 2009 Justice League "Big Game" Final Score: Federal Defender 11, USA 10

In a dramatic come-from-behind rally, the Federal Defender's softball team scored 5 times in the bottom of the last inning to beat the U.S. Attorney's team, 11-10, in the Sacramento Justice League's annual "big game" at McKinley park yesterday.  Although some on the losing side objected on various overly, technical grounds, the official scorecard showed the government one run short.  The USA's appeal of the final play was denied after instant replay on the winning run proved inconclusive.