As the opening credits of “Law and Order” say, the criminal justice system is composed of two separate yet equally important groups — police and prosecutors. But there’s a third set of players in the process: the attorneys appointed to represent defendants who can’t afford counsel.
Delaware’s head public defender is Brendan O’Neill. This is his story.
Q What is your caseload like in the Public Defender’s office?
A In a word it’s busy. Our lawyers in all of our courts, the Court of Common Pleas, Family Court and Superior Court, are carrying heavy caseloads. In Superior Court we’re averaging about 218 felony cases per year per attorney. The American Bar Association standard for felony cases is 150 per year. In the Court of Common Pleas, our lawyers are averaging over 900 cases per year. We’re well in excess of the recommended maximum number of cases.
Q Has the economic situation had an impact on your agency’s caseload?
A It has, over the last two years we’ve seen an approximate 2% decline in the number of cases. That’s a surprising statistic because throughout the ’90s and up through fiscal year 2007, we saw a pattern of continued growth. Now we’ve leveled off or we’re seeing a slight decline. A lot us in the criminal justice system are trying to figure out how it is that we’re actually experiencing a slight decline.
Q What draws a lawyer to become a public defender when he or she could almost certainly make better money in private practice?
A Speaking for myself, it is an opportunity to do work that is very interesting for a cause that I believe in. We are the protectors of not only our clients’ rights, but the rights that all of us enjoy. Oftentimes we don’t appreciate our rights until they are violated. By defending our clients vigorously, we at the Public Defender’s Office are really protecting the rights for all of us.
Q In the public consciousness, prosecutors are often portrayed as the white knights who put criminals behind bars, while public defenders are seen as trying to get the bad guy off the hook. What’s your take on those stereotypes?
A It’s exactly that, it’s a stereotype and it’s not accurate. The people who work in the criminal justice system — the defense attorneys, the prosecutors, the judges — appreciate the importance and the work of all defense council, including the Public Defender’s Office. Part of my job is to make sure that the perception is accurate and that people understand and appreciate the role that defense council plays in the system. Most of our clients, by the time their cases are done, have a good appreciation for the work our lawyers do for them.
Q What’s the rate of conviction for clients that are served by public defenders?
A Overall in the system, the rate of conviction is very high. The vast majority of cases are resolved by plea bargains. Some people may consider it to be a bad thing, but the fact is, plea bargains are what keep the system going. The system, including the prosecutor’s office, the defense attorneys and the courts, don’t have enough resources to try all the cases. Plea bargains are a necessary fact and they allow the system to function. By virtue of the fact that 97% of the cases were resolved by pleas, there’s going to be a high conviction rate.
Q What’s the most interesting case you’ve ever been a part of?
A I’ve had some cases here that were pretty high profile homicide cases. I defended Donald Flagg back in the ’90s. He was accused of murdering Nino Puglisi and taking Debra Puglisi captive for a week and repeatedly raping her. He was charged with a death penalty offense and he went to trial, he was convicted but received life.
I also represented Lamont Norman in a murder case in Sussex County where he shot and killed someone in Delaware in the throes of a psychotic episode, then went over the line in Maryland and shot somebody there. He was deemed to be not criminally responsible under Maryland law for the killing there, but was brought back to Delaware, tried and prosecuted for a death penalty offense. What made it death-penalty eligible was the killing in Maryland, for which he had been deemed not criminally responsible. It was a fascinating legal puzzle. He was given the death penalty but it was reversed on appeal.
Those are some of the headline cases I happened to be a lawyer on, but our office gets a lot of cases that are newsworthy. We probably have 85% of the criminal cases in our court system.
Q What’s the hardest part about being a public defender?
A For me, it’s not hard. It’s a thoroughly stimulating line of work. One of the challenges is maintaining the enthusiasm to give every client a vigorous defense. That’s probably the challenge that every individual assistant public defender has. One of the things we have to do as an office is keep our lawyers motivated. Sometimes that’s hard to do with this heavy caseload.
Email Doug Denison at doug.denison@doverpost.com.
