ORIGINS OF THE COMMUNITY LAW OFFICE

1
ORIGINS OF THE COMMUNITY LAW OFFICE

• Mark E. StephensPublic DefenderKnoxville,
  Tennessee

2
TENNESSEEGEOGRAPHICAL CONTEXT

• Total population of 5.4 million people
• 83 of States population is white
• 41,220 square miles
• Three grand divisions east, middle, west
• Four major metropolitan areas Memphis,
  Nashville, Knoxville and Chattanooga

Total population of 5.4 million people
83 of States population is white
41,220 square miles
Three honored grand divisions east, middle, and
west
Four major metropolitan areas Memphis,
Nashville, Knoxville, and Chattanooga
3
TENNESSEEDISTRICT PUBLIC DEFENDERS CONFERENCE

• 1987 Public Defender Pilot Program
• Two-year program
• Created eight pilot program offices across the
  state

4
TENNESSEEDISTRICT PUBLIC DEFENDERS CONFERENCE

• 1989 the District Public Defenders Conference
  was created
• Statewide system of elected public defenders from
  each Judicial District and the central
  administrative office of the Executive Director
  Knox County opted out
• The public defenders of Shelby and Davidson
  Counties were added to the Conference in 1992

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TENNESSEEDISTRICT PUBLIC DEFENDERS CONFERENCE

• Public Defenders Conference make-up
• 31 locally-elected district public defenders
• 284 assistant public defenders
• 78 criminal investigators
• 128 administrative personnel
• District Public Defender Conference budget
  approximately 40,853,400

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TENNESSEEDISTRICT PUBLIC DEFENDERS CONFERENCE

• Statutory AuthorityT.C.A. 8-14-201 Charged
  with the responsibility of representing indigent
  persons for whom they have been appointed as
  counsel by the court
• In any criminal prosecution or juvenile
  delinquency proceeding involving a possible
  deprivation of liberty or,
• in any habeas corpus or other post-conviction
  proceeding.
• Responsibility includes handling appeals

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KNOX COUNTYPUBLIC DEFENDERS OFFICE

• Original Knox County Public Defenders Office
  staff consisted of
• 7 attorneys
• 3 support staff
• 1 investigator

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KNOX COUNTYPUBLIC DEFENDERS OFFICE

• Knox County Public Defender was elected the first
  week of August 1990
• Appointed to represent a client facing the death
  penalty the following week

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KNOX COUNTY PUBLIC DEFENDERS OFFICECASELOAD
ISSUES

• By November 1991, the Knox County Public
  Defenders Office had over 12,000 pending cases
• Filed a petition with the Sessions and Criminal
  Courts to close the office
• Refused to accept new appointments

10
KNOX COUNTY PUBLIC DEFENDERS OFFICECASELOAD
ISSUES

• En banc hearing received national media
  attention New York Times and CNN covered the
  closing of the Knox County Public Defenders
  Office
• Some 1,500 practicing attorneys in Knox County
  all became eligible to receive appointments
• Knoxvilles Mayor, Congressman and legislators
  were added to the roster to receive appointments

11
KNOX COUNTY PUBLIC DEFENDERS OFFICECASELOAD
ISSUES

• 1992 legislative session Public Defender Reform
  Bill passed
• Some 45 new assistant public defender positions
  were created for the statewide system
• Locally, Knox County Public Defender staff was
  doubled

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KNOX COUNTY PUBLIC DEFENDERS OFFICEFUNDING

• As part of the Public Defender Reform Initiative,
  certain local funding provisions were created
• 75 provision T.C.A. 16-2-518
• 12.50 funds T.C.A. 40-14-210
• Local litigation tax private act

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KNOX COUNTY PUBLIC DEFENDERS OFFICEFUNDING

• Knox County Public Defenders Budget
  SummaryFiscal Year 2007
• State funding.2,390,343.00
• 75 provision1,220,502.00
• 12.50 funds.220,000.00
• Local litigation tax...42,000.00_____
  _____________________________________
• Total funding..3,872,845.00

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KNOX COUNTY PUBLIC DEFENDERS OFFICEWORKLOAD

• Fiscal Year 2007
• Opened cases 13,259
• Opened charges 25,100
• About 663 cases per attorney
• Approximately 292 per case

15
HOLISTIC REPRESENTATIONBIRTH OF AN INITIATIVE

• 1994 introduced to Lennie Noisette, head of the
  Neighborhood Defender Services of Harlem formed
  idea in head
• Later, saw Neighborhood Defender Services office
  not as expected
• Personal experience purse snatcher
• 1999 begins the Executive Session in Public
  Defense at Harvard University
• Begins to crystallize the vision of creating a
  social service based community law office inside
  the Knox County Public Defenders Office

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BIRTH OF AN INITIATIVECREATING A CORE TEAM

• Created a Core Team and began developing the
  concept
• Core Team consisted of
• Legal Staff Member
• Social Services Program Director
• Special Projects Coordinator
• Professor, University of Tennessee College of
  Social Work

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BIRTH OF AN INITIATIVECORE TEAM RESPONSIBILITIES

• Each member had an individualized role
• Legal Staff Manager protect against any
  modification in the delivery of services that
  might compromise the provision of quality,
  zealous legal representation
• Social Service Program Director develop the
  social service component around the new
  representation model
• Special Projects Coordinator maintaining the
  financial reality maintaining fiscal
  responsibility in the development of any new
  model
• Prof. UT College of Social Work developing an
  evaluation component to the organizational
  strategy

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BIRTH OF AN INITIATIVECONCEPT / ORGANIZATIONAL
STRATEGY

• Core Team embarked on a six-month process of
  designing and writing a concept paper and an
  organizational strategy paper
• See website at http//www.pdknox.org
• Begin developing a marketing strategy

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HOLISTIC REPRESENTATIONA DEEPER UNDERSTANDING

• Our clients live in a constant state of crisis.
  Their lives are fragmented they live in the
  moment.
• Both the criminal justice system and the social
  services network exist as fragmented systems.
• Continuously shifting crises often lead the poor
  to deprioritize their criminal charges.
• Majority of clients have drug, alcohol, and/or
  mental health problems.
• Majority of clients lack the education,
  vocational and/or social skills necessary to be
  self sufficient.

20
HOLISTIC REPRESENTATIONATTORNEY/CLIENT
RELATIONSHIP

• The attorney/client relationship is a
  fundamentally different relationship
• The advocate serves as protector and advisor
  against an adversary
• The advocate honors, understands and affords the
  client dignity
• The nature of the relationship is one based on
  trust
• The attorney/client relationship presents an
  opportunity for the lawyer to serve as an agent
  of change

21
HOLISTIC REPRESENTATIONPREMISE

• Addressing a clients unique needs - beyond the
  legal accusation while at the same time
  providing ethical, professional, zealous
  representation are not competing obligations, but
  rather a marriage of moral imperatives.

22
COMMUNITY LAW OFFICECONCEPT

• The Community Law Office implements a holistic
  representation model that
• Addresses the clients legal needs
• More fully utilizes the attorney/client
  relationship to allow the office to serve as an
  agent of change
• Facilitates client empowerment through the
  development and implementation of a life plan

23
COMMUNITY LAW OFFICEBUILDING POLITICAL SUPPORT

• Core Team members engage Knox County Executive in
  conversation about the criminal justice system
  and ideas for new practices
• County Executive connects team with his public
  relations liaison
• Public relations liaison likes the concept she
  becomes lobbyist and pushes to include team in
  lunches, programs and committee meetings with
  local community agencies
• Public relations liaison pushes County Executive
  to host a luncheon with the Core Team and local
  social service agencies to introduce the
  Community Law Office concept
• County Executive asks for participants
  cooperation

24
COMMUNITY LAW OFFICERECONNAISSANCE AND
PARTNERSHIP

• Core Team schedules individual meetings as
  follow-up to County Executive luncheon with
  community social service agencies to assess
  support of partnership potential
• Uses conversations to inoculate potential
  partners against fear of competition

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COMMUNITY LAW OFFICECROSSROADS INTERNAL
CONVERSATIONS

• All hands on deck staff meeting to discuss
  concept paper and build internal support
• Anticipate and plan for resistance to resource
  allocation toward social services
• Present concept and organizational strategy to
  staff and commit to an exit strategy if the
  project is unsuccessful
• Complete buy-in across the board by Public
  Defender staff

26
COMMUNITY LAW OFFICEMANAGING MISINFORMATION

• Problems with the judiciary
• Judges see program as a probation alternative
• To clarify intent and potential of the program,
  the Core Team hosts a luncheon with the bench to
  explain the concept
• Proposal We will work with you but not report
  back on client progress we will help you to help
  our clients

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COMMUNITY LAW OFFICEPREEMPTIVE CONVERSATIONS

• Initiate conversations with the District Attorney
  to introduce Community Law Office initiative
  clarify purpose and explain funding
• Outline plan and conversations with District
  Attorney
• DA sees a political opportunity a concept he
  wants to take credit for - runs with the
  Community Law Office idea
• DA builds support in his public speaking campaign
  for core principles

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COMMUNITY LAW OFFICEFACILITY AS BASE

• Core Team agreed the Public Defender facility
  precluded full implementation of concept
  decision is made to relocate
• Maximizing value of new facility
• Gang-neutral site
• Community room
• Engage County Executive to fully discuss options
• Convince the County that the Community Law Office
  is a viable financial partner

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COMMUNITY LAW OFFICENEW FACILITY

• New Facility

1101 Liberty Street, Knoxville, TN 37919
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COMMUNITY LAW OFFICEORGANIZATIONAL STRUCTURE

• Provide legal representation
• Criminal
• Civil
• Provide social services
• Client assessments
• Therapeutic Interventions
• Sentencing advocacy
• Community linkage and education
• Business ventures

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COMMUNITY LAW OFFICELEGAL STAFF

• Elected Public Defender 1
• Assistant Public Defenders 20
• Special Project Coordinator 1
• Investigators 4
• Administrative Support 13 (2 part-time)
• Information Technologies 3 (1 part-time)
• Juvenile Support 2 (1 part-time)
• Law Clerks 3
• Building Maintenance Manager 1
• School Externs (College of Law) 4

32
COMMUNITY LAW OFFICESOCIAL SERVICES STAFF

• Social Services Director (PhD, LCSW) 1
• Masters Level Forensic Social Workers (MSSW) 3
• Adult Services (2)
• Juvenile Services (1)
• Student Externs (MSSW Clinical Concentration) 3
• Senior Student (BSSW Program) 1
• Administrative Assistant/Drivers License
  Coordinator 1

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SOCIAL SERVICESPARTICIPATION / REFERRALS

• All client participation is purely voluntary
• Referrals to the Social Services program come
  from multiple sources
• Staff attorneys
• Private attorneys
• Mental health centers
• Self-referrals
• Judges
• Probation
• District Attorney
• Families
• Clients include both adults and juveniles, with
  and without legal entanglements

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SOCIAL SERVICESINTERVENTION OBJECTIVES

• Psychosocial assessment of client, family and
  community needs
• Crisis intervention to stabilize clients and
  families
• Supportive counseling designed to increase self
  sufficiency while removing barriers to community
  integration
• Linkage to community resources that enhance
  client functioning
• Family treatment to preserve families and address
  dysfunction
• Community education and advocacy
• Prevention of recidivism as well as deterring
  children or other family members from engaging in
  delinquency or criminal activity

35
SOCIAL SERVICESACTIVITIES

• Assessment of clients physical needs, including
  housing, food, transportation and clothing
• Assessment of clients need for alcohol and/or
  drug treatment
• Assessment of clients mental and behavioral
  health needs
• Job counseling and placement
• Housing placement assistance
• Family activities
• Life skills classes, including budgeting and
  parenting
• Tutoring
• Literacy classes

36
SOCIAL SERVICESASSESSMENT / LIFE PLANNING

• The CLOs Social Service component is dedicated
  to working directly with the client to design a
  life skills plan of action.
• This plan offers clients the opportunity to
  address individual needs and utilize their skills
  and talents to generate personal and community
  value.
• Rather than dictating a direction for the future,
  Social Services empowers the client to play an
  active role in defining and pursuing his or her
  own goals.

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SOCIAL SERVICESCLIENT DEMOGRAPHICS

• Gender

699 Clients
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SOCIAL SERVICESCLIENT DEMOGRAPHICS

• Ethnicity

699 Clients
39
SOCIAL SERVICESCLIENT DEMOGRAPHICS

• Age

699 Clients Average Age 39
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SOCIAL SERVICESLESSONS LEARNED

• Strong, enduring client relationships are
  critical
• Not sufficient to deal with clients problems in
  isolation
• Assistance must be ongoing and continuous,
  leading the client through the life skills plan
  one step at a time for as long as the client
  desires assistance
• Clients action plan is comprehensive, but must
  be broken into small, realistic steps, allowing
  for a feeling of accomplishment as each step is
  implemented

41
SOCIAL SERVICESGOALS

• To reduce recidivism
• To empower individuals and families to move
  toward maximum self sufficiency as contributing
  members of the community
• To identify appropriate sentencing options that
  serve both the client and community
• To prevent crime and juvenile delinquency
• To provide community education about social
  services and criminal justice
• To demonstrate an innovative, effective model of
  holistic representation

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SOCIAL SERVICESOUTCOMES SOUGHT

• Assist clients to become more productive citizens
• Keep families together and preventing child
  delinquency
• Promote effective utilization of community
  resources
• Reduce community costs of crime and corrections
• Increase efficiency of the criminal justice system

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SOCIAL SERVICESPROGRAMS

• Delinquency Prevention Early Intervention
• Communication Through Art
• Education Through Experience
• The Magic of Opera
• Recreational Activities
• Therapeutic Intervention

44
SOCIAL SERVICESPROGRAMS

• Reintegration Recidivism Prevention
• Intensive Case Management
• Assessments
• Linkage to Community Resources
• Therapeutic Intervention
• Project Homeless Connect
• Veterans Stand-Down
• AA/NA Groups (Projected)
• Anger Management Groups (Projected)
• Business Ventures (Projected)

45
SOCIAL SERVICESPROGRAMS

• Sentencing Advocacy
• Adult Juvenile Alternatives to Incarceration
• Attorney Consultation
• Research on Best Practices

46
SOCIAL SERVICESPROGRAMS

• Community Education and Participation
• Workshops (Ethics Motivational Interviewing)
• Student Internships (UTCSW UT Law)
• Community Presentations by Staff

47
SOCIAL SERVICESDELINQUENCY PREVENTION

• Communication Through Art

Introduces youth ages 11 19 to art as an outlet
and means of self-expression. Participants are
exposed to a variety of art forms through
workshops, artist lectures and performances with
strong emphasis on participation and hands-on
experience. Subjects include origami, creative
writing, poetry, painting, sculpture and music.
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SOCIAL SERVICESDELINQUENCY PREVENTION

• Education Through Experience

A life skills curriculum that explores ways of
dealing with everyday problems, managing crisis,
and achieving success. Topics include banking,
budgeting, career development, resumes, consumer
counseling, nutrition, housing, pregnancy,
sexually-transmitted diseases, and parenting.
Formats include lectures, group discussions,
role-playing, and community tours.
49
SOCIAL SERVICESDELINQUENCY PREVENTION

• The Magic of Opera

A hands-on introduction to opera. In addition to
watching a live performance of The Magic Flute,
students create their own miniature sets, design
their own costumes, write a continuation of the
story of the opera, and participate in acting
exercises.
50
SOCIAL SERVICESDELINQUENCY PREVENTION

• Summer at the CLO

A program promoting fine arts and recreation for
3rd through 8th graders. Activities include local
music, dance and theatre performances as well as
opportunities for hands-on arts and crafts.
Basketball, soccer, flag football, volleyball and
kickball add to the fun.
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SOCIAL SERVICESDELINQUENCY PREVENTION

• Recreational Activities

Offering an outlet for physical activity and the
structured use of free time. Conducted at the CLO
facility during hours when school is not in
session. Activities include basketball, soccer,
and dance.
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SOCIAL SERVICESDELINQUENCY PREVENTION

• Volunteers

Since program inception, the CLO has attracted
over seventy-five volunteers from all walks of
life, including local artists, attorneys, police
officers, school teachers, bankers, physicians,
photographers, and college and high school
students.
53
SOCIAL SERVICESREINTEGRATION RECIDIVISM
PREVENTION

• Project Homeless Connect
• Served 264 clients
• Criminal matters resolved for 211 clients
• Over 1,000,000 in court costsand unpaid fines
  were relieved

54
SOCIAL SERVICESSALARIES / OPERATIONAL EXPENSES

• Salaries benefits 227,253
• Social Services Director (part-time) 49,108
• Administrative Support (part-time) 36,368
• Social Worker 1 53,843
• Social Worker 2 42,930
• Social Worker 3 45,004
• Operating expenses 86,600
• Rent (pro-rata share) 61,222
• Building maintenance (pro-rata share) 17,353
• Phone (pro-rata share) 3,025
• Supplies 3,500
• Travel training 1,000
• Dues memberships 500
• Total salaries / operational expenses 313,853

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SOCIAL SERVICESGRANTS / STATE CONTRIBUTIONS

• Grants obtained 69,500
• East Tennessee Foundation / Art 750
• East Tennessee Foundation / ETE 3,750
• Knox County Block Grant 35,000
• TCCY 30,000
• State contribution to payroll 28,802
• Total grants / state contributions 98,302

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SOCIAL SERVICESCOST TO OFFICE

• Total Expenses 313,853
• Total Income 98,302
• Total Cost to Office 215,551

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SOCIAL SERVICESEVALUATION

• Funders require empirically-based evidence
  documenting the success of the program
• A database is necessary
• Client demographics
• Referral sources
• Treatment requested / provided
• Actions taken by Social Services
• Case journal
• Recidivism data
• Grant-specific data
• Other success data

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HOLISTIC REPRESENTATIONCONCLUSION

• Office must be about the client
• Plenty of reasons why itwont work in Michigan
• Plenty of reasons why itwouldnt work
  inKnoxville, TN