pointofview.html

Opinion

Point of View: Reasons for di erence in bail,

sentencing schemes between Florida judicial

circuits are complex

Posted Dec 12, 2018 at 2:01 AM

Regarding The Palm Beach Post article — “Influence and Injustice: Public Defenders,” (Dec. 3) –essentially comparing the elected public defenders of the state’s Fifteenth and the Nineteenth judicial circuits, I feel a few things ought to be clarified. Diamond Litty and Carey Haughwout are both hardworking and effective public defenders. I know and respect them both and recognize their different approaches.

The amount one is able to accomplish is more than a little affected by the amount of resistance in one’s path. Litty’s circuit is no Palm Beach. I have been in the private practice of criminal defense for well over 35 years and have practiced throughout the state of Florida. The culture of each circuit is different.

>>>Sign up for The Palm Beach Post FREE weekly Opinion newsletter: Text Opinion to 444999

Some are more friendly to criminal defense positions than others. Litty’s circuit is my circuit. It is a very polite and civil place, but if there is anywhere harder in the sate of Florida to obtain effective results for criminal defense clients someone will have to show it to me. The concept that you can just by your plucky nature overcome resistance from the state is cute. If only it were true. Without question one should never stop trying to advance the cause of individuals’ rights, but results come slowly where there is the most resistance.

The criticism of Litty that she is married to a now-retired judge and is on friendly terms with the elected State Attorney seems a bit much. Is one’s qualification for public office dependent upon whom one falls in love with, or whom one remains friendly with? While these circumstances could create an awkward or conflicted situation, I know of no circumstance in which Litty pulled

ne of her attorneys back because of political reasons or just because they were “making waves” by asserting clients’ rights too aggressively. I have witnessed her
ffice meetings celebrating acquittals and pretrial motion victories, and singling
ut the attorneys responsible for those defense wins.

The counties in which she practices, and Martin County in particular, are much more pro-law enforcement and pro-punishment than Palm Beach County — and most others. Bonds are higher for people of every race and creed and so those without means remain in jail longer. This is not fair. This is not right. But Litty has yet to set a bond and has zero ultimate say over whether any bond is lowered. I have in no way witnessed her assistants perform in a less zealous manner than any other circuit. Sentences are not harsher here because her assistants try less hard. It is a disservice to them to leave that suggestion. The problems of this circuit are policy-, not people-, driven.

I have seen her be an effective administrator and obtain good facilities and working conditions for her offices. She has worked hard for assistance for the office’s clients outside of their court case with help in job placement, housing and drug treatment that can have more effect than a single legal result.

These are very complex problems within a system which has minimized the role of judges (with mandatory sentencing schemes), all but eliminated jury trials(less than 3 percent of cases go to trial throughout the state), and rather than equalize punishment throughout the state has instead left punishment to the whims of individual counties and circuits.

The disproportionate effect of these bail and sentencing schemes on poor people in general and African-Americans in particular is not the result of any individual in the court system here harboring prejudice against a minority group. That is not the case. It is simplistic to argue that a he or she or they is responsible. That would have an easier solution. It is a much bigger problem than that.

ROBERT J. WATSON, STUART

Editor’s note: Watson is a criminal defense attorney.