Vol. 30, No. 3, #7. The Good Fight.

• Author: Author: Kerri M. Johnson and Robert E. Oldham

Wyoming Bar Journal

2007.

Vol. 30, No. 3, #7.

The Good Fight

Issue: June, 2007 Author: Kerri M. Johnson and Robert E. OldhamThe Good FightThe Wyoming State Public Defender's Office is a statewide agency dedicated to assisting the economically disadvantaged who wind up in the criminal justice system. While this article is written from the perspective of the Casper Public Defender's Office, the day described below could take place anywhere in the state. Hopefully the article will provide some insight into what we do, and explain why, day after day, we continue to fight what we call the good fight.

The day begins with a sentencing in District Court. The client is a 22-year-old male, his victim a 13-year-old girl. A few weeks ago, in exchange for the State dropping three other counts, the client pled guilty to first degree sexual assault. In layman's terms what the client confessed to is called rape. The sentencing will take place at a set of hearings in District Court called "eight-thirties." Eight-thirties occur four times a week and they are always settings for felonies, so the stakes are high. These hearings are a mix of arraignments, change of pleas, probation revocations, short pre-trial motions, and usually a sentencing or two. There can be as few as three, to as many as eight or nine settings. Today there are six. Of the six, five are handled by public defenders from the Casper office; one by private counsel. This is the norm. On any given day if you checked, you would find that the Casper Public Defender's Office handles around 85% of the criminal docket in Natrona County, the busiest docket in Wyoming.

At about 8:20 a.m. five of the six Casper Public Defenders head over to District Court. The sixth catches a break. Her first court appearance today is not until 9:00. After what seems like forever, the sentencing is finally called. The district attorney articulately describes the horror that took place. Just when it seems it cannot get any worse, it get worse - a lot worse. The judge listens to the 13-year-old victim in her own words. Head just clearing the podium, she looks more like nine or ten than 13. Between sobs she tells him she wants the client to die because she is afraid to go outside anymore. She also is afraid to sleep. Finally the sobs end and it is the Public Defender's turn to speak. She argues...