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Published July 18, 2008 08:05 pm - Let me begin with a clarification. Rex Delph does not face the death penalty or life without parole as suggested in the title: “Money or a Man’s Life.”

VIEWPOINT: All indigent defendants have right to counsel



Let me begin with a clarification. Rex Delph does not face the death penalty or life without parole as suggested in the title: “Money or a Man’s Life.” He has two lawyers. Every other indigent defendant has one lawyer. There are approximately 2,500 public defender appointments in the Madison County courts annually. This case is one of those appointments.

Government is about making choices. The judges and Public Defender Board have the responsibility of ensuring that all indigent defendants enjoy their Sixth Amendment right to counsel including, but not limited to, Rex Delph. If his defense needs more money, where does it come from? Should indigent defendants have access to unlimited public resources? What if there isn’t enough money to go around? Who decides how to allocate the county’s limited resources? Who takes the fiscal hit? Do we lay off other public defenders to come up with the money? Well, no, because other defendants have the same Sixth Amendment right to counsel as Rex Delph. How about taking money from other county agencies? That seems like a horrible idea. Nobody wants that. I suggest we trust Judge Spencer, David Happe, and the Public Defender Board. I do. They know what they are doing.

Zaki Ali is no longer a public defender in Madison County. He doesn’t get paid here anymore. He gets paid by Delaware County to do Delaware County cases. He is not trying to milk Madison County. He just wanted paid for his time. That’s not unreasonable, but Judge Spencer and the Public Defender Board feel that it is not the best use of our limited county resources. Judge Spencer has already ordered the expert witness fees paid. Options are being reviewed to ensure the new public defenders are treated fairly, either by caseload distribution or additional compensation. It’s under control. Honest.

Douglas R. Long, attorney at law, has an office in Anderson.



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