Summer Reading

I know that Jack is our resident book reviewer, but I thought I'd commend two books (that couldn't be more different) for your summer reading needs:

1. Kafka Comes To America: Fighting for Justice in the War On Terror. This book is written by Steven Wax, a Federal Public Defender charged with representing some of those who have been held by the United States at Guantanamo Bay. He also represented Brandon Mayfield, the Oregon lawyer who was falsely accused of participating in the Madrid train bombings in 2004. It's a terrific insider's account of the process of defending accused terrorists. One of the details in the books that particularly surprised me: lawyers were permitted to bring food to their clients in Gitmo.

2. The Story of Edgar Sawtelle. This is the debut novel of David Wroblewski that has taken up residence on the bestsellers' list for the last several weeks. The bulk of reviews will tell you that the novel evokes Hamlet and White Fang. But I also sense (though I'm far from a literary critic) the influences of Catcher in the Rye and John Steinbeck. It's a terrific story, wonderfully told, that you won't be able to put down until you're through. The last week, I literally haven't been able to wait to finish up at the office to get back home to the book. It's a must-read for anyone who loves either dogs or good stories or both.

Ted Strickland: Meet Clarence Gideon

Today's Enquirer summarizes a report just released by the National Legal Aid and Defender Association on the Hamilton County Public Defender's Office.


Full disclosure: I have not read the full report and cannot find it on the internet, so I take the Enquirer's summary as accurate. Further, a significant portion of my own law practice is devoted to indigent defense as an attorney contracted by the Public Defender to defend both felony and misdemeanor cases. So I operate in this area from a huge conflict of interest, which I both recognize and now disclose.


I'm not going to comment on the bulk of the allegations (at least one of which I find outright unbelievable) or NLADA's recommendations. But one thing is clear from both the report and the comments by those quoted in the article: the State of Ohio needs to step up to the plate with funds to guarantee that indigent defendants receive effective assistance of counsel. I'd hoped that once a Democrat took up residency in the Governor's Mansion we might see some real leadership on this issue, but so far, there's been nothing but silence from Ted Strickland.


This year marked the forty-fifth anniversary of the Supreme Court's decision in Gideon v. Wainwright, which held that the right-to-counsel clause of the Sixth Amendment required the states to provide counsel to those who could not afford to retain an attorney. (It had long been established that the federal government was required to do so in federal criminal cases, but Gideon was the first time the Court recognized that the Fourteenth Amendment incorporated (that is, made applicable to the states) the protections of the Sixth Amendment.) It's clear that nearly a half-century later, we still have much work to do to protect those in our society who are most vulnerable to the loss of their liberty or life at the hands of the State.

A few months after the decision, then-Attorney General Robert F. Kennedy had this to say about Gideon:

If an obscure Florida convict named Clarence Earl Gideon had not sat down in prison with a pencil and paper to write a letter to the Supreme Court, and if the Supreme Court had not taken the trouble to look for merit in that one crude petition among all the bundles of mail it must receive every day, the vast machinery of American law would have gone on functioning undisturbed.

But Gideon did write that letter. The Court did look into his case and he was retried with the help of a competent defense counsel, found not guilty, and released from prison after two years of punishment for a crime he did not commit, and the whole course of American legal history has been changed.

The report of NLADA's assessment is in sharp juxtaposition to this article, also in today's Enquirer, which reports that Ohio's machinery of death is once again churning.

A final note: nothing in this post should be read to impugn the individual attorneys who toil at the Hamilton County Public Defender's Office, or at any other Public Defender's office in Ohio. The attorneys who work there are eager, bright, talented individuals (most of whom could practice in the private sector for far greater pay and far fewer headaches) who are tirelessly devoted to passionately advocating for their clients with too little salary, too few resources, and not nearly enough support. But we need to start thinking about whether--and if so, how--our Public Defender's Office differs from those held out as models of indigent defense, such as the Cook County (Illinois) and District of Columbia public defenders' offices. The answer starts with adequately funding the office charged with safeguarding the liberty of the people of this county.

Warm Up The Moving Trucks

Since moving to my Fourth Street apartment in September 2004, I've had a front row seat to a couple of impressive construction projects. My apartment is in the back of the building, which gave my a bird's eye view of the expansion of the Cinergy--err, Duke Energy--Convention Center. One of the coolest things about that was that during the fall, they'd work past dark, and the glow of their welding torches (I don't know if they were plasma or something else) after sunset was spectacular to see. It's hard to describe....just the solitary, brilliant glow a few stories above street level (and often at eye-level with my windows)....eerily wonderful, somehow.

Now, Parker Flats, right across the street, is in its final construction stages. I thought it was worth a picture today:

Obviously, there's still a lot of interior work to be done before the place is inhabitable. Still, it's hard to believe that last summer, this was just a big hole in the ground.

We've already seen the benefits of the expansion of the Duke Energy Center (the unexpanded version simply couldn't have handled events like the NAACP convention or the upcoming National Baptist Convention). Parker Flats is sure to bring more residents downtown and further helps to revitalize the western end of Fourth Street. Seems like things are looking up. I just hope no one steals my catalytic converter.

Watch Obama's NAACP Speech on the Square

Come on out and join local Democrats and Obama supporters to watch Senator Obama's NAACP live on the Fountain Square Giant LED Board. Obama is scheduled to speak at 8PM Monday night (July 14th). Large groups of local political campaigns will be there to watch, along with the local Obama campaign team.

Fountain Square will be a great national news location to get opinion on the speech, so be on the lookout for the media and be sure to show your support for Sen. Obama and show that he has great support in Cincinnati. Obama is going to win Hamilton County this year!

A Good Idea: Let's Do More Of It

The City and County have been sprucing up downtown in preparation for the NAACP's national convention. If you've been downtown, you've no doubt noticed these stickers, about the size of manhole covers, on the sidewalks:

I've previously lamented the lack of readily available cartographical assistance for visitors downtown. These stickers are a clear sign that our leadership recognizes that problem, too.

Let's find a permanent solution. If we're going to continue to proclaim that Cincinnati should be a destination city, then we have to act like we expect to entertain people who haven't been to our fair city before. And helping them find their way around seems like a good start.

(I really, really hope that whomever is responsible for the stickers--whether it's the City, the County, or the Visitors Bureau--remembers to remove them once the convention is over. Since they're paper, they won't last long, and by mid-August they'll be faded, scratched-up eyesores.)

Pete and Repeat Go Into a Bar

I didn't like this negative screed even when I read it for the first time.

COAST Shows Its Anti-Gay Bigotry

In it's latest news letter the Coalition Opposed to Additional Spending and Taxes (COAST) included the following:

Commissioners Portune, Pepper Proclaim Gay, Lesbian, Bisexual, Transgender Pride Day

In yet a further waste of County resources, Commissioners Todd Portune and David Pepper proclaimed Saturday, June 14, 2008, as Gay, Lesbian, Bisexual and Transgender Pride Day. COAST is just bursting with pride at this proclamation on behalf of our County. We are sure Simon Leis is also proud of his endorsed County Commission candidate. Read about the resolution here.

Yes, you'll want to pay attention to the link, which is to the CCV's website. I hate to link to it, but that is news I want to make sure people understand, COAST and CCV appear to be in bed together. To claim that this somehow wastes county money is laughable. These types of proclamations are common and cost virtually nothing. Where was COAST in 2002 when the Commissioners proclaimed May 2, 2002 National Day of Prayer in Hamilton County, Ohio.?

What's more important, however, is that the CCV article is full of bigotry. Will all COAST members stand by this bigotry? Will groups and individuals who work with COAST stand by them?