» Entries tagged with "federal"
The Life Of A Private Public Defender
Jamison Koehler put up a post this week about prosecutors and professionalism. Here’s the paragraph that resonated with me the most: I am always annoyed by prosecutors who stroll into the courtroom moments before the judge takes the bench. This results in a rush of defense attorneys toward counsel table seeking to speak with the prosecutors before our cases are called. It makes our job that much more difficult. And then the judge chastises us for not having worked out more of these issues in advance. His post was more about prosecutors being discourteous, but I am more interested in the effect on defense lawyers and some major problems with the system in general. There was a time in my career when I took appointed cases and carried a … Read entire article »
Filed under: Courts, Government Rants, Judges, Practice in General, Prosecutors, public defenders
Discharging Student Loans in Bankruptcy
According to the ABA Journal, Senator Richard Durbin, a Democrat from Illinois, has been trying to drum up support for a bill to allow the discharge of private student loan debt in bankruptcy. I wish him luck. I think he’s going to fail, however, seeing how banks seem to run everything. The government happily lets them dip into its resources whenever the negative implications of their own poor decision-making come back to haunt them, and the poor graduates who are struggling with their loans don’t exactly have the kind of money it takes to elect themselves a congress. Regardless, I’m glad Senator Durbin is at least bringing up the topic. I have student loans, and I dutifully pay them each month. I probably wouldn’t take advantage of the … Read entire article »
Filed under: Government Rants, Practice in General
The Factual Basis
Hang around most Arizona courts for a little while, and you’re likely to see a plea fall through for lack of a factual basis. For those readers who don’t know what I’m talking about, Arizona’s rules of criminal procedure require that a court determine whether a factual basis exists for each element of the crime to which a defendant is pleading before it can enter judgment on a guilty plea. Evidence constituting the factual basis can come from any part of the record or from a defendant’s statements. There’s no reasonable doubt standard for a guilty plea. Instead, the court just has to find strong evidence of guilt. In a few courts, the plea will simply have a provision that says, “factual basis taken from police report … Read entire article »
Filed under: Courts, Practice in General
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