First Appearances
I thought it was fitting that the first function we performed while working at the Orleans public defenders office was participating in Louisiana’s form of bail hearings which they called “first appearances.” We showed up at the office and headed straight to the jail to get started. After a brief introduction and passing around a couple hand outs, we were given files of potential clients who had been recently arrested. Prior to the hearing, we asked the inmates questions regarding indigency to determine if they qualified for the public defenders service as well as more personal questions about family and school in order to form an argument to present to the magistrate judge to potentially lower their bond. Soon after these initial interviews, the hearing began through a teleconference type arrangement where the judge was seen through a camera in the courthouse. The whole situation struck me as very odd….when I later asked about the arrangement, we were told that the teleconfernce hearings had evolved as a result of a lack of resources available to transport the inmates to the courthouse. This would seem reasonable, had the court house not been next door. The impersonal nature of these initial hearings were just the first clue that we were in for an eye opening week.
On so many levels, these men and women who have been arrested are subjected to judgment and punishment before they are even charged with a crime. Even at the first appearances, some inmates were already put into orange jumpsuits, bearing the stark stigma of a criminal. In addition, we were all shocked to learn that if these people were unable to make bail, they could be held in the jail for 60 days without even being charged. I thought about how much could change in someone’s life in 60 days….losing your job, not being able to pay your rent, not being able to be with or provide for your family. And then for what? All that and your charges could be released. This really hit me on one of our last days when I visited a client who had been in jail for 57 of his 60 days. The state had not picked up his charges which is good, to be sure, but he was certainly and justifiably frustrated with his situation. As I listened to his story and updated him on the status of his case, I could not help but wonder how many more men and women were in his same position?
Despite all these injustices, I left New Orleans with a sense of hope. Although the hurricane and its aftermath exacerbated many of the problems that were already plaguing the criminal justice system, it also shined a light on the situation attracting a dedicated and inspiring group of attorneys. Many of the attorneys we had the opportunity to work with were from nationally renowned law schools from all over the country and were there for the sole purpose of changing the system for the better. Hearing from them what they have been able to accomplish over the last couple years gave me hope that the grave injustices that still remain are in fact surmountable.
