Comments on: Federal Support for Prosecutors and Public Defenders http://www.concurringopinions.com/archives/2008/08/federal_support.html The Law, the Universe, and Everything Sun, 22 Nov 2009 08:31:00 -0700 http://wordpress.org/?v=2.8.3 hourly 1 By: Mr. Cookie http://www.concurringopinions.com/archives/2008/08/federal_support.html/comment-page-1#comment-47862 Mr. Cookie Fri, 14 Nov 2008 05:15:48 +0000 http://www.solove.org/archives/2008/08/federal-support-for-prosecutors-and-public-defenders.html#comment-47862 A major problem with the bill is that it does not contain a salary cap. One can receive the aid regardless of his or her salary and regardless of whether the community is underserved. This comes at a time when there are folks who can truly use the need and there are areas that are truly underserved and in a state of economic depression. The bill should apply to all attorneys who are objectively underpaid and serve the public in some manner A separate bill is desirable to assist communities to hire more public service attorneys. A major problem with the bill is that it does not contain a salary cap. One can receive the aid regardless of his or her salary and regardless of whether the community is underserved. This comes at a time when there are folks who can truly use the need and there are areas that are truly underserved and in a state of economic depression.

The bill should apply to all attorneys who are objectively underpaid and serve the public in some manner A separate bill is desirable to assist communities to hire more public service attorneys.

]]> By: Deven http://www.concurringopinions.com/archives/2008/08/federal_support.html/comment-page-1#comment-47861 Deven Mon, 18 Aug 2008 19:44:08 +0000 http://www.solove.org/archives/2008/08/federal-support-for-prosecutors-and-public-defenders.html#comment-47861 hmm. Interesting point. I inadvertently conflated prosecutors with attorney's general. The bill itself seems more broad as you note. I will change the title of the post. Thanks. By the way if you have more about the structure of the state offices that would great to learn. Oklahoma was in favor of the bill and saw it as helping all its prosectors and attorneys, but it seems it may not be the norm if I understand your comment. hmm. Interesting point. I inadvertently conflated prosecutors with attorney’s general. The bill itself seems more broad as you note. I will change the title of the post. Thanks.

By the way if you have more about the structure of the state offices that would great to learn. Oklahoma was in favor of the bill and saw it as helping all its prosectors and attorneys, but it seems it may not be the norm if I understand your comment.

]]> By: JrL http://www.concurringopinions.com/archives/2008/08/federal_support.html/comment-page-1#comment-47860 JrL Mon, 18 Aug 2008 19:05:56 +0000 http://www.solove.org/archives/2008/08/federal-support-for-prosecutors-and-public-defenders.html#comment-47860 The title of the posting is misleading. The version of the statute I saw applies to government lawyers who "prosecute criminal cases at the state or local level." Few assistant attorneys general in the states will qualify; in all but a couple of states, nearly all prosecutions are done outside of AG's offices. Hopefully the statute will be construed by the US Attorney General to cover the assistant attorneys general who handle criminal appeals - a much larger group, though still relatively small minority of lawyers hired by state attorneys general. It might even be construed to cover those handling post-conviction challenges, including habeas. But again, it will be of little benefit to most state attorneys general and their assistants. The title of the posting is misleading. The version of the statute I saw applies to government lawyers who “prosecute criminal cases at the state or local level.” Few assistant attorneys general in the states will qualify; in all but a couple of states, nearly all prosecutions are done outside of AG’s offices. Hopefully the statute will be construed by the US Attorney General to cover the assistant attorneys general who handle criminal appeals – a much larger group, though still relatively small minority of lawyers hired by state attorneys general. It might even be construed to cover those handling post-conviction challenges, including habeas. But again, it will be of little benefit to most state attorneys general and their assistants.

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