CalMatters does deep dive into flat-fee contracts for indigent defense

Anat Rubin reports today for CalMatters, the non-profit news service, under the headline, "The Walmart of Public Defense:  How Justice Gets Sold to the Lowest Bidder in Rural California."  Here's an excerpt: 

For three years, the fate of poor people accused of crimes in San Benito County lay in the hands of attorneys who barely spoke with their clients and seldom filed legal motions on their behalf.

While defendants asked them to contest the prosecution’s evidence, to interview witnesses, to do anything, really, to challenge law enforcement’s narrative of the crime, they ushered almost all of them to plea deals instead, averaging just one jury trial for every 1,500 cases.

The attorneys worked for Fitzgerald, Alvarez and Ciummo, the firm that San Benito paid to provide public defense. According to a 2024 state evaluation, they were not doing a good job. Two of the attorneys had inappropriate relationships with clients, another struggled with addiction.

The situation had deteriorated so dramatically that the San Benito district attorney, Joel Buckingham, found himself worrying about the people his office was trying to send to prison. Their attorneys didn’t contest the evidence Buckingham’s prosecutors presented, no matter how it was obtained. Each year, they filed an average of just 10 motions to suppress evidence based on violations of constitutional rights — including unjustified stops and searches, illegal interrogations, and arrests without probable cause.

“Police officers must make mistakes sometimes,” Buckingham told a researcher conducting the evaluation.

The sheriff, Eric Taylor, was also alarmed. If his deputies were never challenged in court, how would they know when they had crossed a line? What would stop them from doing it again?

In Taylor’s previous job, in Santa Cruz County, the courthouse was often packed with law enforcement officers who had been called to defend their actions.

“If we’re doing our job correctly, then we prevail on those motions,” he told San Benito county supervisors last year. “And if we’ve made a mistake, and we’re doing our job incorrectly, we’re held accountable for that.”

Nearly half of California counties pay private lawyers and firms to represent poor people in criminal cases, and most of them, like San Benito, do it through what’s known as a “flat-fee” contract, meaning they pay a fixed amount, regardless of how many cases the attorneys handle or how much time they spend on each case.

It’s a far cheaper alternative — at least in the short run — to operating a public defender office with government lawyers, and it’s created a second-tier justice system in rural stretches of the state: Seven of the eight counties with the state’s highest jail and prison incarceration rates have flat-fee contracts.

You can read the rest of this deeply reported story here.  Read my own scholarship about rural indigent defense delivery here (Yale Law Journal Forum, about how these issues play out in Washington State) and here (Arizona Law Review, about Arizona).  

Congress (finally) renews Secure Rural Schools Act, through 2027

Congress voted overwhelmingly yesterday to renew the Secure Rural Schools Act.  Here's an excerpt from the Los Angeles Times coverage, by Hailey Branson-Potts, which leads with a bit historical perspective on rural schools lobbying efforts for the funding over the past few years:  

In February 2023, Jaime Green, the superintendent of a tiny school district in the mountains of Northern California, flew to Washington, D.C., with an urgent appeal.

The Secure Rural Schools Act, a long-standing financial aid program for schools like his in forested counties, was about to lapse, putting thousands of districts at risk of losing significant chunks of their budgets. The law had originated 25 years ago as a temporary fix for rural counties that were losing tax revenue from reduced timber harvesting on public lands.

Green, whose Trinity Alps Unified School District serves about 650 students in the struggling logging town of Weaverville, bounded through Capitol Hill with a small group of Northern California educators, pleading with anyone who would listen: Please renew the program.

They were assured, over and over, that it had bipartisan support, wasn’t much money in the grand scheme of things and almost certainly would be renewed.

But because Congress could not agree on how to fund the program, it took nearly three years — and a lapse in funding — for the Secure Rural Schools Act to be revived, at least temporarily.

On Tuesday, the U.S. House overwhelmingly voted to extend the program through 2027 and to provide retroactive payments to districts that lost funding while it was lapsed.

The vote was 399 to 5, with all nay votes cast by Republicans. The bill, approved unanimously by the Senate in June, now awaits President Trump’s signature.

“We’ve got Republicans and Democrats holding hands, passing this freaking bill, finally,” Green said. “We stayed positive. The option to quit was, what, layoffs and kids not getting educated? We kept telling them the same story, and they kept listening.”

Green, who until that 2023 trip had never traveled east of Texas, wound up flying to Washington 14 times. He was in the House audience Tuesday as the bill was passed.

In an interview Tuesday, Republican Rep. Doug LaMalfa, who represents a vast swath of Northern California and helped lead the push for reauthorization, said Congress never should have let the program lapse in the first place.

I don't agree with LaMalfa on many issues, but on this one he is absolutely correct.  

The five congresspersons who voted against the Act were: 

• Rep. Andy Biggs (R-AZ)
• Rep. Paul Gosar (R-AZ)
• Rep. Anna Paulina Luna (R-FL)
• Rep. Thomas Massie (R-KY)
• Rep. Ralph Norman (R-SC)

Here is an Ed Source story about the passage of the law, and here's an Oregon Public Broadcasting story focused on the significance of this funding to many counties in the Pacific Northwest.  CalMatters covered it here.  

Finally, here is a February 2023 post based on Branson-Potts previous story about California legislators lobbying in Washington, D.C., for the Secure Rural Schools Act.   The term used there for the pittance represented by this spending:  "budget dust."  

Daniel Woodrell, author of "Winter's Bone," dies, taking with him a particular manifestation of "country noir"

Here's the lede from the New York Times obituary by Alex Traub: 

Daniel Woodrell, a novelist known for prose as rugged and elemental as the igneous rock of the Ozark Mountains, his birthplace, which he returned to just as his artistic craftsmanship peaked, died on Friday at his home in West Plains, Mo. He was 72.

* * *  

Despite Hollywood’s attention to his books, Mr. Woodrell himself did not become much of a public figure; he remained primarily known within the smaller circles of close observers of contemporary fiction, where he was admired as a master storyteller of rural America.

* * *

Much as Mr. Woodrell was drawn to American archetypes — world-weary policemen, small-town crooks — reviewers praised his work for transcending the circumstances of any place or time. He gained command of Old Testament diction, and he sought out themes, like clan loyalty or murder or betrayal, that had been explored since ancient times.

“He writes high Greek tragedy about low people, and he never panders or looks down on the people he writes about,” the writer Dennis Lehane told Esquire. “As a prose stylist, he’s done what all the best do: taken the regional voice of the world he writes about and turned it into poetry.”

 * * *

Frustrated with labels used to characterize his style, Mr. Woodrell coined one of his own: “country noir.” In a 1994 Times Book Review article, he defined this fictional strategy: “To portray the allegedly folksy and bucolic heartland as the frequently rude and savage and dark world those of us who’ve done our time there know it can be is to explode a happy myth of fantasy-America.”

Interesting how many themes of this obituary echo those of my prior post, also about how rural America  shows up in wider cultural tropes.  

Woodrell's work--especially "Winter's Bone"--was a revelation to me because I, too, grew up in the Ozarks.  I found his work very authentic.  I wrote about the movie "Winter's Bone" several times in 2010, when it was released; those posts are here, here, here and here.     

Another NYT take on rural culture, in relation to Trump and MAGA

Today's New York Times Opinions podcast features a conversation about "The Aesthetic that Explains American Identity Now."  The alternative headline is "MAGA and the Country Aesthetic."  Here's the NYT's overview description of the episode: 

Rural aesthetics are in, from cowboy boots to country albums by pop stars to pastoral idealism peddled by influencers. The New York Times Opinion editor Meher Ahmad speaks to the columnist Tressie McMillan Cottom and the contributor Emily Keegin about what these cultural touch points mean for our politics and society at large.

Before including some key quotes, I'll just observe that I think the commentator's argument is overstated.  Here are some excerpts:  

Ahmad: Both Tressie and Emily are keen observers of the cultural zeitgeist, and in their own spheres they’ve been noticing an ongoing mainstreaming of all things country and rural. Think shows like “Yellowstone” and “The Hunting Wives”. Pop stars like Beyoncé and Sabrina Carpenter produce country songs as part of their repertoire. And tradwife influencers like Hannah Neeleman, popularly known on social media as Ballerina Farm, has now more than 10 million followers.

* * *

McMillan Cottom: There’s a show where a farmer takes a wife ... But you can even get into shows that aren’t as character driven, where the rurality is actually a character. So then you’ve got shows where there are alligator hunters in Louisiana, a show called “Swamp People.”

* * * 

Keegin: Yes. I think we’ve had a very long romance with rural aesthetics in this country.  (emphasis added)

And after the second Trump win, what I noticed was there was a big cowboy trend that took off. Denim is big. Western culture is big. “S.N.L.” this season had a musical act in a hayloft. Realtree coming in and dominating the sweatshirt world.

Ok, honest confession, I had to look up "Reatree."  Had no idea what that was.  I had heard of a realty company with a similar name selling rural properties.  As best I can tell, the two are not related. 

Keegin: Well, OK. Where would you have seen it? You would have seen the pattern on the merch of Chappell Roan. She has a hat that says “Midwest Princess.” And Midwest Princess, I think, is part of this trend, as well. That was picked up by the Harris Walz campaign. If you recall they also had a Camo hat.

* * * 

McMillan Cottom: When we’re talking about being romantic for rural life, we’re really talking about an imaginary place. This isn’t really the rural life that actual people who live in rural America tend to be familiar with. These are signifiers that are maybe less about a physical place, a geography.  (emphasis added)

I would say the divide is between nostalgia and today’s politics. It manifests in many different ways. But when you say something like “Make America Great,” that’s a backward-looking vision. That is not about the future — although it’s trying to own the idea of what the future should look like. It is really calling to a nostalgia for an imagined American past where all families were “traditional” and all women were real women and home life looked this way.

* * *

Keegin: We look at how culture changed through the Clinton years and what was on TV. And when the rural revolt happened in 1994, we had a narrative around that about a shift in a rising conservative culture in this country — which was absolutely true. Narratives are based in truth. And our television shows followed that. 

* * *  

McMillan Cottom: [K]eeping in mind that when we talk about Donald Trump being a sort of a quintessential New York urban figure, that may be true in his biography, but we’re not talking about real places when we talk about urban versus rural.

And when you appeal to rural, you are always, always, calling up the idea of urban. These two things exist at the same time. So that’s the first thing.

The second thing is: I would say that what Donald Trump does — the way he enters into the rural imagination: He does it through Southernness.

* * *

I think that what Donald Trump does is he becomes associated with rural life because of how often he has appealed to Southernness, when he, of course, raises the specter of racism or raises the specter of genteel womanhood — all of those things that the South is kind of known for.

They came in the figure of Donald Trump and his rhetoric, so we keep this big treasure chest — a repertoire of ideas in the South. And when somebody wants to call them up, they can go and open the toy chest, and there it is. You can pull out the Confederate flag, and you can pull out songs of the South or whatever it is.

And suddenly, people’s imagination is in the South. Well, once you are in the South, in the imagination, you are just a — if you’ll forgive me — you are just a hayride away from rural America.

And so those two things, I think, are happening simultaneously with Donald Trump. Appealing to nostalgia will always have political power, especially when people are very anxious and afraid, which is what I would argue people are — for many, many reasons. And that’s why I think Donald Trump reads as rural to some people.

Although I’d pay money to see Donald Trump in actual rural America, for what it’s worth.

* * *

Keegin: You know, Donald Trump shows the seams. You see where the makeup ends on his face. It’s very clear that his hair is done by himself, and you see the grease in it. There’s a photo of him where you see that he holds his tie together with tape.

I think when we boil down what a rural aesthetic is, regardless of who is engaging with it, it is about the human hand and showing what humans create — versus the urban aesthetic, which is based in machines and in technology. We think about our urban centers: That is where we produce a lot of our culture, but they’re also the center of our governments and our financial centers.

All of the aesthetics that we associate with urban life come from those occupations, which are about the mind over the body. This is not where you are toiling and making things with the human hand and with your physical self. And that is the schism. When I look at Trump, I think: Yes, there are a lot of things about him that are very rural — because he’s not slick.

Then there's more in this podcast about the "Renaissance of country music" and what it suggests about this political moment, which I'll leave to you readers.  Some of the illustration of what these NYTimes folks label "rural"--especially matters related to cowboys and Taylor Sheridan's "Yellowstone"--seem to me more specifically about the imaginary associated with the "wild west" and with patriarchy.   In the latter regard, I was reminded of Kristen Kobes Du Mez' Jesus and John Wayne.