Political Interference with Public Defense: The Implications of Sarah Huckabee Sanders鈥� Hiring Freeze on the Arkansas Public Defender Commission
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By: Alaina McWhirter
This past March marked the 60th anniversary of , the Supreme Court鈥檚 landmark decision that held the . However, on that day in 1963, the Court made no attempt at suggesting how public defense should be provided and states have varied in their models of implementing such a constitutional requirement since its inception. For example, after years of allowing Arkansas to problematically handle indigent defense at the county level, . From that point on, , and public defenders鈥� offices in the State have since been dependent upon the support of the executive and therefore, those persons who may not, and often do not, share the same mission.
For example, . During her address she stated, Ironically, within hours of Sanders鈥� inauguration on January 10, 2023, . Consequently, this enactment has hindered public defenders across Arkansas from .
On January 27, 2023, Gregg Parrish, executive director of the Arkansas Public Defender Commission, . Parrish began his letter by stating Parrish identified the issues his attorney鈥檚 have faced for years, such as An issue unstated in Parrish鈥檚 letter but not to be overlooked is how during the COVID-19 pandemic, the Supreme Court of Arkansas , leaving victims waiting for justice and public defenders with a case build-up even further beyond ethical standards. And now, with Governor Sanders鈥� hiring freeze, Parrish asserted,
The most unfortunate part of Gov. Sanders鈥� ploy of 鈥渓imiting the expansion of government鈥� is that this is not an uncommon occurrence. Not because former Arkansas Governor Asa Hutchinson And not because government job manipulation is a seemingly common occurrence. But instead because public defender鈥檚 are perpetually indebted to the political will of the electorate. And when public defenders, like Gregg Parrish, take a position in conflict with their funder and governing authority, their organization and their job can be put in jeopardy.
For instance, Maryland鈥檚 Chief Public Defender in 2009 was fired for refusing to scale back operations that after the Board of Trustees that governed the indigent defense system pushed for budget cuts. The Legal Aid Society in Onondaga County, New York lost its contract to handle city court cases after the Director was questioned by the legislature for filing motions and making discovery requests rather than . And in 2020, Montgomery County, Pennsylvania, public officials fired its top two public defenders after the chief public defender The results are in and they are clear: public defenders either conform to what the legislatures and executive officials want or they will reap the repercussions. And often what those officials want is not expansion of public defenders offices and the filling of vacancies within those offices. It is not client-centered advocacy or zealous representation. It is quick, easy, and borderline ineffective assistance of defense counsel.
It is safe to say Sarah Huckabee Sanders takes the traditional tough on crime approach. She announced in her inaugural address that she will ensure violent criminals . She has since approved . This approach will surely lead to more charges, more arrests, and more cases assigned to Gregg Parrish鈥檚 commission, as the Arkansas Public Defender Commission represents at minimum,. The consequences of Gov. Sanders鈥� tough on crime approach in conjunction with her hiring freeze and the Commissions鈥� now inability to fulfill vacancies within defense offices puts the Arkansas courts and public defenders system beyond crisis. I am certain that Gregg Parrish is aware of the adversarial nature of the relationship between his office and the platform on which Gov. Sanders stands on. I have no doubt that at times like this, Parrish wishes his office was independent of Gov. Sanders鈥� conflicting priorities, free to fill the vacancies that represent indigent clients across the state. Because, in fact, . It is the ability to advocate for clients without undue political influence and . Yet, throughout this country and throughout Arkansas, the independence of public defenders is corrupted by the mere fact that their funds come from governments with conflicting priorities. However, the priorities of the Arkansas Public Defense Commission are those that the Governor of Arkansas should not find in conflict with her agenda but rather priorities she should be proud her state funded criminal defense system perseveres to uphold. Because Instead, is afforded.
About the Author: Alaina McWhirter is a second-year law student at the William H. Bowen School of Law. She is a member of the Arkansas Journal for Social Change and Public Service and serves as Secretary of the Student Bar Association.