represent the clients effectively. 109 In granting the motion, in part, the judge stated, “the evidence shows that the num- ber of active cases is so high that the assistant public de- fenders are, at best, providing minimal competent representation to the accused.” 110 The court concludes, “the testimonial, documentary and opinion evidence shows that [the public defenders’] caseloads are excessive by any rea- sonable standard.” 111 The state’s attorney immediately ap- pealed the order, and the appeal is now pending before the Third District Court of Appeals of the State of Florida. 112 In California, public defenders have an established practice of declaring that they are unavailable to take cases when the caseload reaches whatever limit the office has set. The origin of this practice is a 1970 court case, in which a Cal- ifornia appellate court stated, “When a public defender reels under a staggering workload … [he or she] should proceed to place the situation before the judge, who upon a satis- factory showing can relieve him, and order the employment of private counsel at public expense.” 113
Overcriminalization One issue noted by both researchers and conference at- tendees concerning misdemeanor courts was the ardent enforcement of crimes that were once simply deemed undesirable behavior and punished by societal means or a civil infraction punishable by a fine. Conferees gave examples from around the country, including unleashed pet laws, seatbelt laws, laws prohibiting people from putting their feet on subway seats or lying down across two subway car seats, and laws against riding bicycles on the sidewalk.
The offense of sleeping in a cardboard box is crimi- nalized in New York under the New York City Ad- ministrative Code § 16-122(b). It is punishable by a fine of not less than $50 or more than $250, impris- onment for not more than 10 days, or both. 114 It is also a crime in New York to occupy more than one seat, sleep, or litter on a subway. 115 Each of these crimes is punishable by a fine of up to $25, impris- onment for not more than 10 days, or both. 116
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Why Are Misdemeanor Caseloads So High?
In Orlando, Florida, it is a crime to feed the home- less. 117
The need to reduce caseloads to ensure that indigent de- fendants across the country receive competent representa- tion is obvious. It therefore requires an examination of the factors that lead to excessive caseloads.
A number of defenders noted that their dockets are clogged with crimes that they do not think should be punishable by jail, including underage possession of alcohol, turnstile
Lower Kittitas District Court Cases
41% Driving with license suspended
21% Minor in possession
38% Other
of alcohol
29 cases total on a single day
Problems
The Terrible Toll of America’s Broken Misdemeanor Courts
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