Day 27 - March 4

The House passed an Adjournment Resolution today that will take the calendar for the General Assembly through the 38^th legislative day on March 27. The legislature will adjourn on Thursday of this week and reconvene on Tuesday, March 11, 2008, for Cross-Over Day, the 30^th day of the legislative session. For the next three weeks the legislature will meet on Tuesdays, Wednesdays, and Thursdays only. 

HB 1245, the Indigent Defense Bill, passed the floor of the House today. This bill contains a provision to change the guidelines for eligibility for a public defender in misdemeanor and juvenile cases to those whose incomes are or at 100% (from 125%) of the federal poverty guidelines.  Advocates have expressed concerns about the change in eligibility because:
 
•           The federal poverty guidelines identify those so destitute that they cannot afford basics of survival like food and shelter. They do not measure ability to afford a lawyer.
  
•           Judges reply upon public defenders to represent people who cannot afford a lawyer for the orderly administration of justice. The U.S. Supreme Court has held that a court may not impose any jail or prison time upon a person who is not represented by counsel. Alabama v . Shelton, 535 U.S. 654 (2002); Argersinger v. Hamlin, 407 U.S. 25 (1972)  Making people who cannot afford lawyers ineligible for a public defender will require judges to delay cases while defendants make fruitless searches for a lawyers. Ultimately, the judge will be required to appoint lawyers for a people who simply cannot afford a lawyer.
 
More than 300 student advocates came to the Capitol to support HB 901, the Parent Protection Act.   Although HB 901 was scheduled for subcommittee vote at 2pm today, the meeting was canceled at noon, with no reason given by the chairman, Rep. Tom Knox.