We are all familiar with the
landmark case of
Gideon v.
Wainwright,
372 U.S. 335 (1963),
where Justice Hugo Black, writing
for the U.S. Supreme Court,
stated that the “noble ideal [of fair
trials before impartial tribunals]
cannot be realized if the poor man
charged with crime has to face
his accusers without a lawyer to
assist.” This statement rings true
today, just as it did in 1963; yet
the criminal justice system still
struggles to provide counsel to
indigent defendants. We can all
help address this struggle, and
private-practice attorneys should
help by accepting court-appointed
and pro bono criminal cases. This
is true even if you think your lack of
criminal experience stands in the
way, because it does not.
My career has been focused on
commercial litigation and business law
from its beginning, but it was inevitable
once I moved from Reno to one of
Nevada’s rural counties – Lyon – that I
would be asked to take a court-appointed
criminal case. It first happened about five
years ago when the Yerington Municipal
Court’s public defender had a conflict,
and the court asked me to take a rather
straightforward misdemeanor battery
case. I was reluctant. Racing through
my mind were excuses not to take the
case, but as the court clerk requesting
assistance reassured me and, more
persuasively, pleaded for help, I realized
that I needed to step up, take the case
and do my part as a member of the legal
community.
So, I took the case
(to trial nonetheless), took
subsequent appointed cases
and ultimately filled in
as a Lyon County public
defender for one year when
the county was in desperate
need for another defense
attorney. It has been an
extraordinary experience
having now tried to verdict
cases ranging from murder
and sexual assault to grand
larceny. Literally hundreds
of felony cases came into
the office as we filled a
public defender role, and I came to learn
and appreciate the difficult task our public
defenders face each and every day.
I also came to learn firsthand
that unless attorneys are willing to
help indigent defendants, there is no
real criminal justice system. Most
importantly, I learned that all lawyers
can, in fact, help address the continuing
need for defense counsel. With the hope
that some of you reading this article will
help address that need, I offer some of
the following lessons, encouragement
and observations.
You Don’t Have to be a
Forensics Expert
Prosecutors lament on what is
commonly referred to as the “CSI Effect,”
which is a claim “that television shows
based on scientific crime
solving have made actual
jurors reluctant to vote
to convict when, as is
typically true, forensic
evidence is neither
necessary nor available.”1
In fact, you may even
hear a prosecuting
attorney address this
phenomenon during jury
selection, because forensic
evidence will not be part
of the state’s case. As a
result, despite contrary
perceptions, you do not
need to be well-versed in
DNA or other forensic issues to accept
criminal cases. In all likelihood, there will
be no such evidence. You will be focused
on witness statements, police reports,
body camera footage and other non-
scientific data where critical factual and
legal analysis, rather than crime-scene
CONTINUED 0N PAGE 28
Taking Your First
Appointed Criminal
Law Case
September 2020 • Nevada Lawyer
If you study
these statutory
frameworks and
observe court
proceedings,
what appears to
be complex (or
organized chaos)
quickly becomes
second nature.
27
BY BRAD JOHNSTON, ESQ.
PHOTO CREDIT: SHUTTERSTOCK
