Comparison of Public Defender Statutes - Revision history

Albah: /* The 1912 Los Angeles Charter Provision and the 1921 California Statute */

Albah — Tue, 21 Dec 2010 01:27:06 GMT

The 1912 Los Angeles Charter Provision and the 1921 California Statute

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	The Lieutenant Governor of Indiana to whom Foltz sent the bill was William Haggard, a distinguished politician, who had fought in some of the major battles of the Civil War as a boy of fifteen. Haggard held several elective offices, was a prominent Republican, and was at one time a newspaper publisher. RUSSEL M. SEEDS, HISTORY OF THE REPUBLICAN PARTY OF INDIANA, 142-144 (1899). Foltz may have known him from her father’s Indiana Republican connections, ''see'' On-line Bibliographic Note: Family, supra.		The Lieutenant Governor of Indiana to whom Foltz sent the bill was William Haggard, a distinguished politician, who had fought in some of the major battles of the Civil War as a boy of fifteen. Haggard held several elective offices, was a prominent Republican, and was at one time a newspaper publisher. RUSSEL M. SEEDS, HISTORY OF THE REPUBLICAN PARTY OF INDIANA, 142-144 (1899). Foltz may have known him from her father’s Indiana Republican connections, ''see'' On-line Bibliographic Note: Family, supra.

		+	<div id=lacharter></div>
	==The 1912 Los Angeles Charter Provision and the 1921 California Statute==		==The 1912 Los Angeles Charter Provision and the 1921 California Statute==

Jalss: /* Wisconsin Statute Tracks the California Statute */

Jalss — Sun, 21 Nov 2010 05:27:41 GMT

Wisconsin Statute Tracks the California Statute

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	===Wisconsin Statute Tracks the California Statute===		===Wisconsin Statute Tracks the California Statute===
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	Which statute she referred to (her 1897 bill or the one enacted in California) and what she meant by “introducing,” is, as noted above, not at all clear. Interestingly enough, a Bill that tracks the California statute was introduced in the Wisconsin Senate in 1907 by Milwaukee Socialist Jacob Rummel. State of Wisconsin, Senate Bill No. 475, introduced Febrary 14, 1907. The introductory sentences of the bill say that it is proposed “in obedience to the mandate of the constitution, section 9, article 1, that justice shall be free.” That provision of the Wisconsin constitution (a form of due process clause) reads: Remedy for wrongs. Section 9. Every person is entitled to a certain remedy in the laws for all injuries, or wrongs which he may receive in his person, property, or character; he ought to obtain justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws.		Which statute she referred to (her 1897 bill or the one enacted in California) and what she meant by “introducing,” is, as noted above, not at all clear. Interestingly enough, a Bill that tracks the California statute was introduced in the Wisconsin Senate in 1907 by Milwaukee Socialist Jacob Rummel. State of Wisconsin, Senate Bill No. 475, introduced Febrary 14, 1907. The introductory sentences of the bill say that it is proposed “in obedience to the mandate of the constitution, section 9, article 1, that justice shall be free.” That provision of the Wisconsin constitution (a form of due process clause) reads: Remedy for wrongs. Section 9. Every person is entitled to a certain remedy in the laws for all injuries, or wrongs which he may receive in his person, property, or character; he ought to obtain justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws.

Jalss: /* Foltz's Bill Introduced in Multiple States */

Jalss — Sun, 21 Nov 2010 05:27:24 GMT

Foltz's Bill Introduced in Multiple States

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	===Foltz's Bill Introduced in Multiple States===		===Foltz's Bill Introduced in Multiple States===
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	In ''Public Defenders'', 31 AM. L. REVIEW at 393, Foltz wrote that her bill was introduced in more than a dozen states. But she did not say which states (this is a point on which it would have been especially useful to have her papers). In 2003-04 my research assistant Angela Schwartz, then a Stanford Law School student wrote to the State archives and libraries of all states in which we thought that Clara Foltz might have contacts from her lecture tours and suffrage activities. We received many courteous replies, usually to the effect that it was very difficult, time consuming and costly to track old un-passed bills introduced in the legislature.		In ''Public Defenders'', 31 AM. L. REVIEW at 393, Foltz wrote that her bill was introduced in more than a dozen states. But she did not say which states (this is a point on which it would have been especially useful to have her papers). In 2003-04 my research assistant Angela Schwartz, then a Stanford Law School student wrote to the State archives and libraries of all states in which we thought that Clara Foltz might have contacts from her lecture tours and suffrage activities. We received many courteous replies, usually to the effect that it was very difficult, time consuming and costly to track old un-passed bills introduced in the legislature.
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	The Lieutenant Governor of Indiana to whom Foltz sent the bill was William Haggard, a distinguished politician, who had fought in some of the major battles of the Civil War as a boy of fifteen. Haggard held several elective offices, was a prominent Republican, and was at one time a newspaper publisher. RUSSEL M. SEEDS, HISTORY OF THE REPUBLICAN PARTY OF INDIANA, 142-144 (1899). Foltz may have known him from her father’s Indiana Republican connections, ''see'' On-line Bibliographic Note: Family, supra.		The Lieutenant Governor of Indiana to whom Foltz sent the bill was William Haggard, a distinguished politician, who had fought in some of the major battles of the Civil War as a boy of fifteen. Haggard held several elective offices, was a prominent Republican, and was at one time a newspaper publisher. RUSSEL M. SEEDS, HISTORY OF THE REPUBLICAN PARTY OF INDIANA, 142-144 (1899). Foltz may have known him from her father’s Indiana Republican connections, ''see'' On-line Bibliographic Note: Family, supra.
-

	==The 1912 Los Angeles Charter Provision and the 1921 California Statute==		==The 1912 Los Angeles Charter Provision and the 1921 California Statute==

Jalss: /* Comparison to Public Defender Statutes Actually Enacted */

Jalss — Sun, 21 Nov 2010 05:27:10 GMT

Comparison to Public Defender Statutes Actually Enacted

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	===Comparison to Public Defender Statutes Actually Enacted===		===Comparison to Public Defender Statutes Actually Enacted===
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	Clara Foltz’s 1897 statute, which she said was introduced in more than a dozen states, ''Public Defenders'', at 31 Am. L. Review 393, was different from any defender ever actually enacted in two important respects. Anyone charged with a violation of the law could obtain the services of the public defender; at the option of the accused he might have both a public and a privately paid defense counsel. Second, the public defender would have both regular assistants and might also with the approval of the court retain private counsel to aid him in the trial of “a capital or other important criminal action.”		Clara Foltz’s 1897 statute, which she said was introduced in more than a dozen states, ''Public Defenders'', at 31 Am. L. Review 393, was different from any defender ever actually enacted in two important respects. Anyone charged with a violation of the law could obtain the services of the public defender; at the option of the accused he might have both a public and a privately paid defense counsel. Second, the public defender would have both regular assistants and might also with the approval of the court retain private counsel to aid him in the trial of “a capital or other important criminal action.”
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	Finally, Foltz’s 1897 statute provided that the defender would represent those “charged with being insane” before private charitable boards as well as in court. This provision probably reflected her experience in ''Von Schmidt versus the Home for the Inebriates'', discussed in Chapter Three.		Finally, Foltz’s 1897 statute provided that the defender would represent those “charged with being insane” before private charitable boards as well as in court. This provision probably reflected her experience in ''Von Schmidt versus the Home for the Inebriates'', discussed in Chapter Three.
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	===Foltz's Bill Introduced in Multiple States===		===Foltz's Bill Introduced in Multiple States===

Jalss: /* Text of the 1897 Statute */

Jalss — Sun, 21 Nov 2010 05:26:53 GMT

Text of the 1897 Statute

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	===Text of the 1897 Statute===		===Text of the 1897 Statute===
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	An Act to Create the Office of Public Defender, Provide for His Election, Define His Duties, and Fix His Compensation in the Several Counties, and Cities and Counties of New York, printed in ''Current Topics'', 55 ALB. L.J. 65, 66-67 (1897) (Foltz Defender Bill), also published in ''Public Defenders'', 23 CHI.L.NEWS191 (1897). Its sections were as follows:		An Act to Create the Office of Public Defender, Provide for His Election, Define His Duties, and Fix His Compensation in the Several Counties, and Cities and Counties of New York, printed in ''Current Topics'', 55 ALB. L.J. 65, 66-67 (1897) (Foltz Defender Bill), also published in ''Public Defenders'', 23 CHI.L.NEWS191 (1897). Its sections were as follows:
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	*Section 7: Nothing in this act shall be construed to prevent any person from employing special counsel to defend him, or to limit his right therein, and such special counsel may appear and defend him alone, or may join therein with the public defender, at the option and discretion of the defendant.		*Section 7: Nothing in this act shall be construed to prevent any person from employing special counsel to defend him, or to limit his right therein, and such special counsel may appear and defend him alone, or may join therein with the public defender, at the option and discretion of the defendant.
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	===Comparison to Public Defender Statutes Actually Enacted===		===Comparison to Public Defender Statutes Actually Enacted===

Jalss at 06:40, 17 November 2010

Jalss — Wed, 17 Nov 2010 06:40:07 GMT

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	This Note compares Foltz's statute with versions of public defender statutes introduced in New York, California, and other state legislatures.		This Note compares Foltz's statute with versions of public defender statutes introduced in New York, California, and other state legislatures.
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	==1885 Statute==		==1885 Statute==

Jalss: /* The 1912 Los Angeles Charter Provision and the 1921 California Statute */

Jalss — Wed, 17 Nov 2010 06:38:08 GMT

The 1912 Los Angeles Charter Provision and the 1921 California Statute

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	For more information on the 1912 and 1921 statutes, see Babcock, ''Inventing'' at nn. 43-68.		For more information on the 1912 and 1921 statutes, see Babcock, ''Inventing'' at nn. 43-68.

-	The enacted defender statutes were like Foltz’s in providing for one year’s experience at the Bar as the only formal qualification for the office. Otherwise these two California defender provisions were very like each other and quite different from Foltz’s 1897 measure. On the Los Angeles public defender statute which came about as part of the Progressive city charter, see R.S. Gray, ''The Public Defender'', 4 J. AM. INST. CRIM. L. & CRIMINOLOGY 650 (1913-14). LOS ANGELES COUNTY CHARTER, § 23, at 20 (2006), available at http://lacounty.info/charter.pdf. The 1921 statute is at Cal. Stat. 1921, ch. 245, Â§ 5, at 354.	+	The enacted defender statutes were like Foltz’s in providing for one year’s experience at the Bar as the only formal qualification for the office. Otherwise these two California defender provisions were very like each other and quite different from Foltz’s 1897 measure. On the Los Angeles public defender statute which came about as part of the Progressive city charter, see R.S. Gray, ''The Public Defender'', 4 J. AM. INST. CRIM. L. & CRIMINOLOGY 650 (1913-14). LOS ANGELES COUNTY CHARTER, § 23, at 20 (2006), available at http://lacounty.info/charter.pdf. The 1921 statute is at Cal. Stat. 1921, ch. 245, § 5, at 354.

Jalss at 06:36, 17 November 2010

Jalss — Wed, 17 Nov 2010 06:36:35 GMT

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-	This Note compares versions of public defender statutes~~, written or influenced by Foltz,~~ introduced in New York, California, and other state legislatures.	+	This Note compares Foltz's statute with versions of public defender statutes introduced in New York, California, and other state legislatures.
		+

	==1885 Statute==		==1885 Statute==
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	Days and Foltz undoubtedly knew each other because he was a male ally of the suffragists. In February 1885, the month he introduced the public defender bill, Days also supported the women’s unsuccessful effort to amend the community property laws to improve the situation of widows. ''Practical Deadlock in the Senate'', S.F. Chron., Feb. 13, 1885, at 4. It is speculation, of course, but Foltz could have given Days the bill to introduce while she was in Sacramento lobbying for the suffragists. Foltz was in California in January and February when both bills were introduced. In April, while the bill may have been still pending, Foltz gave her "Lawyers" lecture in San Francisco, which, based on the reports of the other content, could well have included the public defender idea. ''On Lawyers, Mrs. Clara S. Foltz’s Idea of Shyster Practitioners'', S.F. Daily Examiner, Apr. 11, 1885, at 2. Despite favorable publicity, the public defender did not pass in the 1885 legislative session.		Days and Foltz undoubtedly knew each other because he was a male ally of the suffragists. In February 1885, the month he introduced the public defender bill, Days also supported the women’s unsuccessful effort to amend the community property laws to improve the situation of widows. ''Practical Deadlock in the Senate'', S.F. Chron., Feb. 13, 1885, at 4. It is speculation, of course, but Foltz could have given Days the bill to introduce while she was in Sacramento lobbying for the suffragists. Foltz was in California in January and February when both bills were introduced. In April, while the bill may have been still pending, Foltz gave her "Lawyers" lecture in San Francisco, which, based on the reports of the other content, could well have included the public defender idea. ''On Lawyers, Mrs. Clara S. Foltz’s Idea of Shyster Practitioners'', S.F. Daily Examiner, Apr. 11, 1885, at 2. Despite favorable publicity, the public defender did not pass in the 1885 legislative session.
		+

	==1897 Statute==		==1897 Statute==
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	The Lieutenant Governor of Indiana to whom Foltz sent the bill was William Haggard, a distinguished politician, who had fought in some of the major battles of the Civil War as a boy of fifteen. Haggard held several elective offices, was a prominent Republican, and was at one time a newspaper publisher. RUSSEL M. SEEDS, HISTORY OF THE REPUBLICAN PARTY OF INDIANA, 142-144 (1899). Foltz may have known him from her father’s Indiana Republican connections, ''see'' On-line Bibliographic Note: Family, supra.		The Lieutenant Governor of Indiana to whom Foltz sent the bill was William Haggard, a distinguished politician, who had fought in some of the major battles of the Civil War as a boy of fifteen. Haggard held several elective offices, was a prominent Republican, and was at one time a newspaper publisher. RUSSEL M. SEEDS, HISTORY OF THE REPUBLICAN PARTY OF INDIANA, 142-144 (1899). Foltz may have known him from her father’s Indiana Republican connections, ''see'' On-line Bibliographic Note: Family, supra.
		+

	==The 1912 Los Angeles Charter Provision and the 1921 California Statute==		==The 1912 Los Angeles Charter Provision and the 1921 California Statute==
		+

	For more information on the 1912 and 1921 statutes, see Babcock, ''Inventing'' at nn. 43-68.		For more information on the 1912 and 1921 statutes, see Babcock, ''Inventing'' at nn. 43-68.
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	Foltz herself did not recognize a distinction. Instead she claimed in many of the biographical entries published in the last part of her life that she not only founded the public defender movement, but “authored” the statutes passed in California. She also said she had “introduced” the Foltz Defender Bill in thirty-two states. ''See, e.g.'', ''Clara Shortridge Foltz'', ''in'' Historical and Contemporary Review of Bench and Bar in California 109 (The Recorder Mar. 1926) (recording that Foltz “pioneered the movement for the establishment of the office of Public Defender,” authored bills introduced in the “legislature of thirty-two states,” and had public defender included in the Los Angles charter and in state-wide legislation in 1921) at 109. ''See also,'' Jennie Allen, ''The Fight for a Public Defender'', 13 W. COAST MAG. 43, 43-44 (1912) (noting the public defender legislation “will be forever known as the ‘Foltz Defender Bill’”).		Foltz herself did not recognize a distinction. Instead she claimed in many of the biographical entries published in the last part of her life that she not only founded the public defender movement, but “authored” the statutes passed in California. She also said she had “introduced” the Foltz Defender Bill in thirty-two states. ''See, e.g.'', ''Clara Shortridge Foltz'', ''in'' Historical and Contemporary Review of Bench and Bar in California 109 (The Recorder Mar. 1926) (recording that Foltz “pioneered the movement for the establishment of the office of Public Defender,” authored bills introduced in the “legislature of thirty-two states,” and had public defender included in the Los Angles charter and in state-wide legislation in 1921) at 109. ''See also,'' Jennie Allen, ''The Fight for a Public Defender'', 13 W. COAST MAG. 43, 43-44 (1912) (noting the public defender legislation “will be forever known as the ‘Foltz Defender Bill’”).
		+
		+
		+	===Wisconsin Statute Tracks the California Statute===

Jalss: /* 1897 Statute */

Jalss — Wed, 17 Nov 2010 06:32:43 GMT

1897 Statute

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	Finally, Foltz’s 1897 statute provided that the defender would represent those “charged with being insane” before private charitable boards as well as in court. This provision probably reflected her experience in ''Von Schmidt versus the Home for the Inebriates'', discussed in Chapter Three.		Finally, Foltz’s 1897 statute provided that the defender would represent those “charged with being insane” before private charitable boards as well as in court. This provision probably reflected her experience in ''Von Schmidt versus the Home for the Inebriates'', discussed in Chapter Three.
		+

	===Foltz's Bill Introduced in Multiple States===		===Foltz's Bill Introduced in Multiple States===

Jalss: /* Comparison to Public Defender Statutes Actually Enacted */

Jalss — Wed, 17 Nov 2010 06:32:25 GMT

Comparison to Public Defender Statutes Actually Enacted

← Older revision		Revision as of 06:32, 17 November 2010
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	Finally, Foltz’s 1897 statute provided that the defender would represent those “charged with being insane” before private charitable boards as well as in court. This provision probably reflected her experience in ''Von Schmidt versus the Home for the Inebriates'', discussed in Chapter Three.		Finally, Foltz’s 1897 statute provided that the defender would represent those “charged with being insane” before private charitable boards as well as in court. This provision probably reflected her experience in ''Von Schmidt versus the Home for the Inebriates'', discussed in Chapter Three.
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	===Foltz's Bill Introduced in Multiple States===		===Foltz's Bill Introduced in Multiple States===