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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (Sept. 21, 1983)
' i ' ^age 2/The Battalion/Wednesday, September 21,1983 opinion Public defenders wages protested by Maxwell Glen and Cody Shearer United Press International WASHINGTON — When about 100 attorneys here went on strike last week for better pay, this city of lawyers natural ly thought the action more novel than serious. But the strikers were attorneys who represent mostly indigent criminal de fendants. They claim that their govern ment-paid fees, which haven’t been raised in 13 years, are undermining both their livelihoods and the Constitutional rights of their clients. Unfortunately, their complaint reflects a national malaise towards equal protection under law that is reaching crisis proportions. It was 20 years ago, in Gideon vs. Wainwright, that the Supreme Court granted the right of free counsel to all defendants who, charged with a serious crime, couldn’t afford an attorney. Since then, the courts have extended that right to numerous other cases, including mis demeanors in which a defendant, 'once convicted, will probably receive a prison sentence. Since 1972, the Gideon spirit has helped to add at least six million cases to the load of public defenders and court- appointed attorneys. Yet the Court has never told state and local governments, which have jurisdic tion over most crimes, how to pay their mounting indigent defense bills. Instead, they’ve left that burden with legislatures and city councils, most of which have understandably been more interested in protecting the interests of prosecutors L han the rights of indigent criminals. In 1981, according to an American Bar Association study, spending on indi- ent defense nationally was less than 436 million, or only 1.5 percent of all state and local criminal justice expendi tures. Meanwhile, fees for court-assigned counsel were found to average $20 to $30 per hour — at least $20 less than the rate received by retained attorneys in crimin al cases and $40 less than in civil cases. Many states were reported to limit total fees to $1000, regardless of how many hours worked. “Funding for indigent criminal de fense work is a national humiliation,” says Richard J. Wilson of the National Legal Aid and Defender Association Adds the University of North Carolina’s Norman Lefstein, who authored the ABA study: ” The concern I have is that this system doesn’t protect the innocent.” Anyone familiar with the legal profes sion today knows why. Despite a glut of attorneys, low compensation rates dis courage all but the most idealistic or least experienced lawyers from going to bat for poor defendants. Fiscal constraints hamstring even the best public defen ders; meanwhile, to make ends meet, pri vate practitioners must either take on too many cases or cut corners that, particu larly where lab tests or other research is involved, can often prove useful to a de fendant’s cause. Unfortunately, many states seem un interested in even a modicum of balance. In the last two years, at least eight states— Meanwhile, fees for court- assigned counsel were found to average $20 to $30 per hour Alabama, Florida, Kentucky, Mas- sachusettes, Missouri, Vermont, Washington and Wisconsin— have either exhausted funds for assigned attorneys or simply refused to pay up. At the same time, prosecutors have demanded more support, and generally succeeded. During the last decade, litigation in tended to redress such inequities has in creased. According to Wilson’s group, lawyers in 14 states and the District of Columbia have sought either to raise fees or to restrain judges from forcing them to accept indigent clients involuntarily. Lawsuits have put such states as Missouri on a path blazed by Los Angeles, Phi ladelphia and other pace-setters. In Detroit, however, the first fee in crease in 16 years will still leave fees for court-assigned work 30-50 percent shy of the increase in consumer prices. That fact alone underscores the distance that the cauuse of indigent defense must travel before the system’s health is assured. Last week, a state supreme court jus tice in New York ignored a prosecutor’s pleas for more stringent punishment in sentencing John V. Lindsay Jr., son of the former New York City mayor, to “public service” for a cocaine conviction. Lindsay’s penalty undoutedly reflected, in part, the quality of his defense. Would a poor defendant, charged with the same offense, have been so lucky? 1 Soap operas: Fun, but still ridiculous I recently heard a student complain, “My life is like a soap opera.” Impossi ble. No one’s life could be that badly written. Soap operas probably are some of the most creative shows on television. Too bad they also happen to be the most ridiculous. For example, look at the current happenings on General Hospital, a favorite among housewives and college students. Today in Port Charles, we have three communist spies from some un identified country trying to capture a disk that looks like a white poker chip. The real disk is taped to the top of a ceiling fan in a casino owned by Luke, the man who in the past raped the wife of a friend and ran off with her to re lease Port Charles from a crazy mil lionaire who was trying to take over the city by freezing it solid in the middle of summer. Luke now is running for mayor against Lee Baldwin, a reformed alco holic, who is the father of the husband of the woman Luke raped. I don’t know who I would vote for, the drunk or the rapist. The most unbelievable part of Gen eral Hospital is how anyone as ugly as Luke can have beautiful women hang ing on him all the time. I’ve always decided that if I couldn’t be an award winning columnist, it would be fun to be a soap opera writer. I can see it now — “All My Illegitimate Children.” As we open today’s episode of “All My Illegitimate Children” we find Phil- lipe looking lustfully into the eyes of Bernadette. “Ah, Bernadette, I don’t care if you were a candy-gram stripper in the alleys of New York before I became your pimp. I still need the floor plans to the hospital broom closet before my plans to take over the world will be complete.” Next we switch scenes and find Joshua, the handsome police officer, crying over the body which he thinks is his lover, Starla. The body is really that of Twila, Starla’s twin sister. Starla en ters, and Joshua leaps to his feet and cries: “You’re alive.” (Brilliant dialogue, isn’t it?) Quick switch to kindly Dr. Gerard. “I think this hang-over is going to kill me. I am glad I only have to do one triple bipass this morning.” Next we see kindly Dr. Gerard con suming martinis intravenously while operating on Pamela Sue, the aspiring country-western singer pregnant with Joe’s baby, but married to Joe’s father, Bud, the rich, but crooked, Texan. Pamela Sue’s life hangs by a thread (the producers are negotiating her con tract). Sweat appears on kindly Dr. Gerard’s brow as he asks: “What are her vital signs, Intern Frank?” Heartthrob Intern Frank responds with panic in his eyes, “Pamela Sue’s heartbeat is . . Tune in next week to find out whether Pamela Sue got her raise or the ax. Coming up next, find out who bug ged Frank’s shower on “As the Stomach Churns.” by Mike Battalion R< Even though F pded last mor pents for Fish Cat fe being made. Applicants for dor and the assis ere interviewed Jy Phil Rosenfeh Jish Camp ’84. I Hayes Blackst lamed associate ish Camp ’84. nne Smith, Kri; eannah Reed, So nd Charles W amed assistant d "It (Fish Can rogram to get fr ir Texas A&M,’ “I think it’s oth the uppt nd the fresl said. “It’s an ity for them tc of people ar quainted on basis prior to ning of sch< you are invt the pressure: lo class and schedule.” Support of Israelis rapped enior managemei laltimore, Md., iow them what / Out and what A&M Fish Camp, wf brate its 30th ye; at Lakevie Editor: It is entirely appropriate that Rev. Jerry Falwell should come to A&M and preach to us on the high value that the Judeo- Christian Ethic puts on human life, right on the eve of the first anniversary of the Israeli- Phalange massacre of Palestinians at Sabra and Shatila refugee camps. Listening to Rev. Falwell lament the prevention of the Israelis by the United States from carrying out all of their goals in Lebanon, “Clean it up” as he said, and further noting that he is the leader and spokesman for millions of American Christ ians, one concludes that either the Judeo- Christian Ethic’s values apply only where Jews and Christians are concerned, (prefer ably protestant Christians since 20 perfl boTto^the^aul of Palestinians are Catholic, only twop0 J^p j s ; cent are protestant). or the Palestinianss jj ons eac h hosdr dirt” in which case the term humanl reshmen.These! does not apply and the valiant Israelis^ tided into four si their brave allies have every right to cb each one under tl them up“. Nabil Al-KhowaiteT Movie ‘censored’ Editor: I am deeply indebted to the heroic efforts of those persons responsible for pre serving my mental stagnation on the night of Thursday, Sept. 15. I refer, of course, to whoever censored what I understand to be a potentially damaging portion of the evil film “A Clockwork Orange”, shown that night in Rudder Auditorium. Lacking proper supervision, I had in advertently strayed into the auditorium, and was, quite against my will, subjected to a shocking display of decadent and original thought. Chained to my seat by my weak nesses, I could not escape viewing the film’s dangerous presentation of modem social and moral problems. I realized that if I even began to consider these issues I would face the utter disintegration of the correct values I now hold. Caught in this treacherous predicament I was overjoyed to learn that a scene had been cut. I marveled at the wisdom of those who had seen fit to protect my mind when I could not. It is with great sadness I realize that they, with their superhuman insight, will not be able to watch over me after I graduate. But until then I rest assured that with their help I am well sheltered ffoom any new ideas or differing viewpoints of the world. That is, after all, why I chose to attend college, and I am glad to see that vulnerable and simple-minded students such as myself will not be exposed to such poisons. Tom Shutt ’86 The Battalion USPS 045 360 of a chairman :hairman. The chairmen, and counselors sp ing to familial th the Universii Freshmen arri ie morning of tf re greeted by cou nen and subch Member ot Texas Press Association Southwest Journalism Conference Editor HopeE. Paasch Managing Editor Elaine Engstrom City Editor Beverly Hamilton Assistant City Editor Kelley Smith Sports Editor John Lopez Assistant Sports Editor JoeTindel Entertainment Editor .... Rebeca Zimmermann Assistant Entertainment Editor Shelley Hoekstra News Editors Brian Boyer, Kathy Breard, Tracey Taylor, Kelly Miller Photo Editor Eric Evan Lee Staff Writers Brigid Brockman, Ronnie Crocker, Scott Griffin, Christine Mallon, Michelle Powe, Ann Ramsbottom, Stephanie Ross, Karen Schrimsher, Carol Smith, Angel Stokes, John Wagner, Kathy Wiesepape, Wanda Winkler Cartoonist Paul Dirmeyer, Scott McCullar Photographers Brenda Davidson, Michael Davis, Guy Hood, John Makely, Dean Saito The Battalion also serves as a laboratory newspip for students in reporting, editing and photograph)^ ses within the Department of Communications. Questions or comments concerning any c matter should be directed to the editor. Eve Letters Policy Letters to the Editor should not exceed 300words* length, and are subject to being cut if they are Ion? 8 The editorial staff reserves the right to edit Iciiersi' : style and length, but will make every effort to mainuj the author’s intent. Each letter must also be sigm show the address and telephone number df the wn® Columns and guest editorials also are welcome,^ are not subject to the same length constraints as lft |(l! Address all inquiries and correspondence to: EdW The Battalion, 216 Reed McDonald, Texas AMI bj versity, College Station, TX 77843, or phone(dODp 2611. an mo: disf Editorial Policy The Battalion is a non-profit, self-supporting news paper operated as a community service to Texas A&M University and Bryan-College Station. Opinions ex pressed in The Battalion are those of the editor or the author, and do not necessarily represent the opinions of Texas A&M University administrators or faculty mem bers, or of the Board of Regents. The Battalion is published Monday throughFrid* during Texas A&M regular semesters, except fori 10 *' day and examination periods. Mail subscriptions 'c $16.75 per semester. $33.25 per school year and JdSp 8 full year. Advertising rates furnished on request. 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