As a former state-level public defender, I'm very aware that I'm in a minority in the legal academy. In my experience, among those law professors who have litigation experience, most have worked almost entirely in federal court. Most of our graduates - and indeed most lawyers - will have a very different experience.
As a public defender, one of my pet peeves was truncated process for convicting defendants on contempt charges for failing to appear in court. (I'm pleased to say that in Comm. v. Edwards, the Pennyslvania Superior Court agreed with me and reversed my client's conviction.)
But mischief around contempt continues, apparently, In Cambria County, Pennsylvania, Judge Tamara Bernstein thought fit to sentence 54 people to jail simultaneously for non-payment of fines, restitution and fees - all without giving any of them an opportunity to be heard in court. Happily, the Superior Court reversed. (I'm sure the people who spent time in jail aren't quite as pleased.)
I've appreciated Professor Jenny Roberts' useful focus on misdemeanors. Small cases are a big deal. These contempt hearings may seem minor in the grand scheme of things. But for the many people who spend weeks or months in jail, not so much.
Yes, small cases do matter. Especially a traffic matter and losing a driver's license. It is a YUGE deal, sometimes worse than jail. When a license is lost, it is curtains from many people.I had a CDL client who was charged with a raft of traffic tickets, including DUI. He was also charged with assaulting a police officer. The prosecutor offered the maximum 364 days and a conviction on the assault and in exchange agreed to drop all of the traffic matters including the DUI. It is incumbent upon an effective traffic/misdemeanor lawyer to do whatever they can to save that license. I may joke on this forum about being a three bill retail theft lawyer...but it is serious when you get to that court room.
Posted by: Deep State Special Legal Counsel | May 10, 2018 at 04:45 PM