Budget cuts and Effect on Death Penalty Defendants

An article published in the Pittsburgh Post Gazette as well as the New York Times
details a Georgia Supreme Court ruling involving a death penalty defendant.

Georgia has a severe budget crisis and the state ran out of money to pay the attorneys for Jamie R. Weis who is facing the death penalty. The prosecutor recommended that two overworked public defenders, who he specifically named, should take over the Weis defense.

When Mr. Weis objected, the issue went before the Georgia State Supreme Court. In a 5-4 decision, the Court ruled that Mr. Reis should accept the public defenders to help solve the state's budget crunch.

The public defenders made three motions that asked the court to remove them from the case because they had neither the time nor experience to provide a death penalty defendant with an adequate defense. In addition there is no money to pay for any type of investigation which would be a severe handicap for any appointed counsel. Nor is there money for any expert witnesses.

Normally prosecutors have no role to play in the selection of defense counsel. In addition once counsel is on record for a defendant, it takes exceptional reasons for any changes to be allowed by the court.

"Two states, Georgia and Louisiana, take a less sporting attitude, saying poor defendants may be forced to switch lawyers long after the case is under way and must take whomever the state can afford at the time." (New York Times article).

The famous United States Supreme Court decision in Gideon v. Wainwright established the right of defendants to adequate counsel. The current United States Supreme Court is being asked to grant certiorari to hear this case.

As states continue to deal with budget deficits, more and more criminal justice
participants will face difficulties.