219. See In Tiny Courts of New York, Abuses of Law and Power, supra . n. 9. 220. In re Hammermaster , 985 P.2d 924 (1999) [citation omitted].
221. See Case Summary, available at http://www.cjc.state.wa.us/search/searchResultListSpecificCJC.php?id=3210 (last visited Mar. 2, 2009); see also In re Michels , 75 P.3d 950 (2003) (disciplining a judge for violating the basic responsibility to make sure eligi- ble people have counsel). 222. In re Ottinger , CJC no. 3811-F-110, available at http://www.cjc.state.wa.us/Case percent20Material/2004/3811/3811 per- cent20Ottinger percent20Stipulation percent20Final.pdf (last visited Mar. 2, 2009). 223. See id. 224. See id. 225. In re Ottinger, No. 203,389-3, Wash. Supreme Court (July 20, 2006), available at http://www.cjc.state.wa.us/Case%20Ma- terial/2006/4475%20Supreme%20Court%20Decision.pdf (last visited Mar. 16, 2009). 226. In Tiny Courts of N.Y., Abuses of Law and Power , supra. n. 9. 227. M ODEL C ODEOF J UDICIAL C ONDUCT at Cannon 3(B)(4)-(5), available at http://www.abanet.org/cpr/mcjc/toc.html (last visited Mar. 2, 2009). 228. Johnson v. Zerbst, 304 U.S. 458, 464-65 (1938). 229. In re Hammersmith, 985 P.2d 92 (1999) (citing In re Reeves, 469 N.E.2d 1321(1984); In re Field , 576 P.2d 348 (1978); Ryan v. Comm’n on Judicial Performance, 754 P.2d 724 (1988)). 230. David M. Bateson & Tim Hart, Combating Attorney Burnout , B ENCH & B AROF M INNESOTA Vol. 64, No. 11 (Dec. 2007). 231. David Allan Felice, Justice Rationed: A Look at Alabama’s Present Indigent Defense System with a Vision Toward Change , 52 A LA . L. R EV . 975, 994 (2001). 232. Mark Levitan, Poverty in 2002: One-Fifth of the City Lives Below the Federal Poverty Line (Sept. 30, 2003) available at http://www.cssny.org/userimages/downloads/2003_09poverty.pdf (last visited Mar. 16, 2009). 233. Steven Zeidman, Time to End Violation Pleas , N.Y.L.J. (Apr. 1, 2008), at 2. 234. Sam Skolnik, Drug Arrests Target Blacks Most Often , S EATTLE P OST -I NTELLIGENCER (May 15, 2001), at B1. 235. Eric Nalder, Lewis Kamb and Daniel Lathrop, Blacks Are Arrested on ‘Contempt of Cop’ Charge at Higher Rate , S EATTLE P OST -I NTELLIGENCER (Feb. 28, 2008), at A1. 236. Press Release, 200 Exonerated, Too Many Wrongfully Convicted , Innocence Project, available at http://www.innocencepro- ject.org/Content/530.php (last visited Mar. 16, 2009). 237. Defenders may also be able to address practices that unnecessarily humiliate defendants based, in part, on the dispropor- tionate way in which these practices apply to defendants of color. One such practice is the shackling of defendants accused of misde- meanor crimes. In many courts, all in-custody defendants appear in court in handcuffs and/or leg chains. As observed above, most such defendants are people of color. Shackling of defendants is not commonly challenged by defense attorneys, despite the profound effect that the practice has on clients and despite precedent requiring a showing that restraint is necessary for the safety of the defendant or others. See, e.g., In re Staley , 364 N.E.2d 72, 73-74 (Ill. 1977) (“Physical restraints should not be permitted unless there is a clear ne- cessity for them.”); State v. Williams , 18 Wash. 47, 51 (1897) (“The right here declared is the right to appear with the use of not only his mental but his physical faculties unfettered, and unless some impelling necessity demands the restraint of a prisoner to secure the safety of others and his own custody, the binding of the prisoner in irons is a plain violation of the constitutional guaranty.” 238. See Press Release, Gloucester County Defenders Win National Award for Profiling Work , State of New Jersey, Office of the Public Defender (June 6, 2001), available at http://nj.gov/defender/news/p010607b.html (last visited Mar. 2, 2009). 239. See Program Description, available a t http://www.defender.org/projects/rdp/ (last visited Mar. 2, 2009). 240. Id.
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Minor Crimes, Massive Waste
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