And people wonder why I'm anti death penalty....
How many judges treat criminal cases like this? Public defenders have dozens of cases every week that they have to prepare and bring to trial (or plea bargain out because they don't have the resources to actually go to trial). This judge expected the defense lawyers to have their cases ready within a day. Is this really the fair trial that the Constitution provides? Speedy perhaps but hardly fair. And before you say "they can always appeal," appeals cost money too, and you can't appeal findings of fact, only procedure.
National lawyers group condemns Portage County judge for arresting public defender - Cleveland Metro News – The Latest Breaking News, Photos and Stories from The Plain Dealer:
Kent -- A controversial Portage County judge has drawn the ire of national and state lawyers associations because he ordered the arrest of a county public defender.
Judge John Plough ordered sheriff's deputies Wednesday to take Assistant Public Defender Brian Jones into custody because he was not prepared to go to trial. He was held five hours before he was released on bond.
This is the second time Plough has ordered the arrest of a public defender, said Dennis Lager, the county's chief public defender. He said Plough also threatened to take similar action twice in 2006.
In each case, Lager said, Plough expected the lawyers to go to trial within a day or so of being assigned to the cases.
Carmen Hernandez, president of the Washington, D.C.-based National Association of Criminal Defense Lawyers, issued a formal statement Friday condemning the judge's action.
Earlier this year, Plough did the same thing to Assistant Public Defender Robin Bostick.
Lager said there are two decisions from Ohio appeals courts stating that it is wrong for a lawyer to go to trial unprepared merely to avoid a contempt proceeding.
"We have an ethical and legal duty to represent our clients competently and effectively," Lager said.
Plough already is under the scrutiny of the Ohio Supreme Court because a Portage County Common Pleas judge sent the high court a detailed list of complaints about his conduct. In May Judge Laurie Pittman wrote the court, saying that Plough is "making a mockery of justice."
Pittman noted Bostick's arrest, said Plough intimidates defendants without lawyers into entering guilty pleas, fails to keep adequate records of his trials and often ignores jailed defendants' legal right to speedy trials.
Pittman's letter said lawyers, judges and court personnel were reluctant to file formal complaints against Plough for fear of retaliation.
Lager said earlier this year that his office's standing policy is to insist on jury trials in Plough's court because of the belief that Plough will not be fair to defendants if he hears the trials without a jury.
Lager said Friday that the Ohio Association of Criminal Defense Lawyers also has offered to help defend Jones against Plough's contempt proceeding.
The matter is set for a hearing Friday at 3:30 p.m.
Plough could not be reached for comment.