Defending People

the tao of criminal-defense trial lawyering

Let My People Go

  • Ger­aldo G. Acosta: 255 juve­nile cases / 387 mis­de­meanor cases/ 278 felony cases / 4.1 times the National Advi­sory Com­mis­sion on Crim­i­nal Jus­tice Stan­dards and Goals rec­om­mended public-defender case­load (i.e. 200 juve­nile cases or 400 mis­de­meanor cases or 150 felony cases per lawyer).
  • David L. Garza: 599 mis­de­meanor cases / 295 felony cases / 3.5 times the rec­om­mended caseload.
  • Ricardo N. Gon­za­lez: 444 mis­de­meanor cases / 63 felony cases / 3.2 times the rec­om­mended caseload.
  • Hum­berto Trejo: 470 mis­de­meanor cases / 278 felony cases / 3.0 times the rec­om­mended caseload.
  • Kerry Hollingsworth McCracken: 419 felony cases / 2.8 times the rec­om­mended caseload.
  • Juan Aguirre: 603 mis­de­meanor cases / 184 felony cases / 2.7 times the rec­om­mended caseload.
  • Her­man Mar­tinez: 495 mis­de­meanor cases / 223 felony cases / 2.7 times the rec­om­mended caseload.
  • Jorge A. Cantu: 929 mis­de­meanor cases / felony mis­de­meanor cases / 2.7 times the rec­om­mended caseload.
  • Mon­ica Lisa Gon­za­lez: 395 felony cases / 2.6 times the rec­om­mended case­load. (In ten months before she joined the PD’s Office.)
  • Page E. Janik: 101 mis­de­meanor cases / 348 felony cases / 2.6 times the rec­om­mended caseload.

(Source, via Robb Fick­man.)

That’s ten lawyers doing the work of roughly thirty. Some of these peo­ple are my friends, and I feel ter­ri­bly for them, being dri­ven so hard by judges forc­ing court appoint­ments on them. Some of them have pri­vate prac­tices as well; there is no way that this much work—doing a thor­ough, con­sci­en­tious job on every case—leaves them any time for sleep or meals, much less fun.

As Paul Kennedy points out, the worst-abused of these poor lawyers, Ger­aldo G. Acosta, was com­pelled to take an aver­age of 3.5 new cases a day in 2011, which means that he resolved an aver­age of 3.5 cases a day in 2011. If he spent only 9.5 hours on each case, he got 20 hours off dur­ing the entire year.

This can’t be good for the health, either phys­i­cal or men­tal, of these ten lawyers. It’s amaz­ing that they haven’t cracked already. It is heartbreaking.

But maybe you and I can make a dif­fer­ence. I urge you to join me in call­ing on Har­ris County’s judges to stop work­ing my friends like rented mules.

We might even save their lives.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

8 Responses to “Let My People Go”

  1. Robb Fickman says:

    Herr Ben­nett -
    You are ordered to shtop your shmar­tass blogs posts as zay are against zee inter­est of zee Moth­er­land, zee Father­land. You may not pub­lish any­thing zat ques­tions zee oper­a­tions of zee sys­tem, the mpve­ment of zee cat­tle or zee Trains. Zee trains musht run ont time and you and zee Ficht­man vill BE SILENT OR ELSE!!!!
    Ve have vays of mak­ing u talk and ve have vays of mak­ing u silent. Never men­tion the Glo­ri­ous Crrrrrim­i­nal Jus­tice Sys­temm again or Else!!! You get ze pic­ture shweinholdt.

  2. Mike Trent says:

    Mark, I can say from per­sonal obser­va­tion that Juan Aguirre does an excel­lent job for his clients, regard­less of case­load. He is one of the most con­sci­en­tious, well-prepared attor­neys I know. Period. He is in-demand for that very rea­son, and also because he is a Spanish-speaker. Juan does not sell out his clients. He rou­tinely goes to trial and gets good results in both his trial results and non-trial dis­po­si­tions. The same can­not be said for some attor­neys with much lighter caseloads.

    Bright-line num­bers are help­ful as a gen­eral guide, but we should rec­og­nize that they are arbi­trary and that dif­fer­ent attor­neys can com­pe­tently and effec­tively han­dle dif­fer­ent case­loads. There are many, many vari­ables in play behind these num­bers. I cer­tainly do not dis­agree that some of the num­bers on that list are dis­turb­ing. But I felt com­pelled to speak out about Juan and I am sure that any­one who knows him well would agree. He works hard for his clients and does a fan­tas­tic job.

    Sin­cerely,
    Mike Trent
    (1.5 times the rec­om­mended case­load for Never-Never Land)

  3. Dan Terrill says:

    I’m curi­ous — what’s a normal-ish case­load for a pri­vate defense lawyer?

  4. Ron in Houston says:

    At first I was won­der­ing why so many His­panic sur­names on the list, but it makes sense. I think that often I too much look through a polit­i­cal lens at the deci­sions peo­ple make.

    How­ever, your argu­ment about sav­ing their lives, while I’m sure intended in a light hearted man­ner, is actu­ally pretty true. I’m sure many of these folks are like the prover­bial duck in the beau­ti­ful pond. They appear to be sim­ply glid­ing along but they’re actu­ally pad­dling like hell underneath.

    Maybe Har­ris County Crim­i­nal Lawyers Assoc should add Span­ish lan­guage classes.

    • Thomas Stephenson says:

      There could be some­thing else at work here. When I was in Brownsville, I noticed that Anglo attor­neys almost never got appointed to rep­re­sent Spanish-speaking clients, because basi­cally the judges assumed that the Anglo attor­neys weren’t flu­ent in Span­ish (even in the cases that they were.) Per­haps the judges aren’t aware that more attor­neys than they think are flu­ent in Spanish?

  5. Thomas Stephenson says:

    I’m going to guess that Har­ris County needs more Spanish-speaking crim­i­nal defense lawyers avail­able for court appoint­ments. When a non-English-speaking defen­dant needs an attor­ney, the court is effec­tively lim­ited to the avail­able lawyers who can speak the defendant’s native lan­guage (more often than not in Texas, it’s Span­ish.) There prob­a­bly just aren’t enough of those if I had to haz­ard a guess.

  6. Diantha Garrett Brennan says:

    How do we accom­plish what you propose?

  7. Mr. B., on behalf of the (VOTS) vic­tims of the sys­tem (burned clients), we’ll call upon the judges’ of Har­ris County to stop work­ing your friends like rented mules. If it’ll take a peti­tion to get it done, just let me know.

    Until then, I can’t help but won­der if the 90% + / — plea bar­gain­ing mad­ness — aka: Texas TapOut Rate is tied to the deci­sion to ride ‘em hard & put ‘em up wet?
    *Sell outs or not, the poor silly clients’ are doomed when bla­tant case over­load is an accepted prac­tice. Will trans­late for food. Thanks.

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