IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA ) ) ) ) Plaintiffs, ) Civil Action No CV

Transcription

1 N.P, by his next _friend, SHANEKA DARDEN, et al., v. IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA ) ) ) ) Plaintiffs, ) Civil Action No CV ) ) The Honorable Todd Markle ) THE STATE OF GEORGIA, et al., ) ) Defendants. ) NOTICE OF FILING OF AFFIDAVIT OF TRAVIS SAKRISON Come now the State Defendants in the above-styled manner and provide notice that they are filing the affidavit of Travis Sakrison. This 29th day of August, Respectfully submitted, SAMUELS. OLENS Attorney General DENNIS DUNN Senior Assistant Attorney General - 1 -

2 CERTIFICATE OF SERVICE I hereby certify that on this day I served the forgoing document via and placed a true and correct copy of the foregoing document in the United States mail, addressed to the - parties listed below, with proper postage attached. Atteeyah Hollie, Esq. Stephen B. Bright, Esq. Melanie Velez, Esq. Crystal Redd, Esq. Southern Center for Human Rights 83 Poplar Street, N. W. Atlanta, GA Ahollie@schr.org Counsel for The Plaintiffs, N.P. by his next friend Shaneka Darden David Gersch, Esq. Phillip Horton, Esq. Arthur Luk, Esq. Quin Landon, Esq. Kevin O'Dougherty, Esq. Jessica D. Jones, Esq. Tiana Russell, Esq. Elizabeth Owens, Esq. Arnold & Porter, LLP 555 Twelfth Street, NW Washington, DC Derrick Bingham, Esq. Owen, Gleaton, Egan, Jones & Sweeney, LLP 1180 Peachtree Street, N.E., Ste Atlanta, GA Bingham@OG-Law.com Counsel for Crisp County, Crisp County Board of Commissioners, and Individual Crisp County Commissioners; Wilcox County, Wilcox County Board of Commissioners, and Individual Wilcox County Commissioners Toni Sawyer, Esq. Law Office oftoni Sawyer, P.C. 311 W. Central Avenue Post Office Box 690 Fitzgerald, GA sawyerlaw@windstream.net Counsel for Ben Hill County, Ben Hill County Board of Commissioners, and Individual Ben Hill County Commissioners - 2-

3 William NeSmith, III P. 0. Box 295 Americus, GA Counsel for Dooly County, Dooly County Board of Commissioners, and Individual Dooly County Commissioners James Hollis, Esq. Balch & Bingham 30 Ivan Allen, Jr. Blvd., NW, Ste. 700 Atlanta, GA John C. Jones, Esq. 248 Roswell Street Marietta, GA jcj ones Counsel for Superior Court Judges John C. Pridgen, Robert W. Chasteen, T. Christopher, and Juvenile Court Judge Kristen W. Pack Counsel for Cordele Judicial Circuit District Attorney Denise Fachini, and Assistant District Attorneys Cheri Nichols, Bradford Rigby, Christian Brown, Lara Todd, A. Zachary Faison, and Lauren Warbington G. Russell Wright, Esq. Crisp County Courthouse Probate Court 510 North 7th Street, Ste. 101 Cordele, GA31015 Representing himself in his official capacity as Cordele Judicial Circuit Supervisory Panel Member Robert Sherrell Jay, Sherrell, Smith & Braddy, P.C. PO Box 308 Fitzgerald, GA Res Representing himself in his official capacity as Cordele Judicial Circuit Supervisory Panel Member This 29th day of August, Senior Assistant Attorney General - 3-

4 IN THE SUPERIOR COURT OF FULTON COUNTY -STATE OF GEORGIA N.P. (by his next friend SHANEKA DARDEN), et al., Plaintiffs v. The State of Georgia, et al., Defendants Civil Action No.: 2014-CV AFFIDAVIT OF W. TRAVIS SAKRISON, EXECUTIVE DIRECTOR, GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL Affiant W. Travis Sakrison appeared before the undersigned officer authorized to administer oaths in this state and county, and being sworn, stated: 1. My name is Travis Sakrison; I am the appointed Executive Director of the Georgia Public Defender Standards Council. I exercise the statutory authority and responsibilities given me by the Georgia Indigent Defense Act of All of the facts in this affidavit are based on my personal knowledge. 2. When a circuit public defender position becomes vacant, I must make an interim appointment. Then, the local public defender supervisory panel will submit nominations to permanently fill the vacant position. I must select the new, permanent public defender from the panel's nominees. I have no authority over the panel's nominating process. And it is not incumbent upon them to nominate my interim appointment as a permanent replacement. 3. On July 25, 2104, I received a letter from the former Cordele Judicial Circuit Public Defender, Tim Eidson. Mr. Eidson said in his letter that he intended to vacate his position as of August No less in Cordele than any in any other circuit, a public defender's job is unique. At minimum, a candidate must be able to litigate, manage personnel, and coordinate effectively with other local officials-including judges, district attorneys, and county commissioners. Given the short notice in this case, the interim appointment would have little time to transition or acclimate to the job. 5. After receiving Mr. Eidson's letter, I contacted Burt Baker, the supervising attorney in the South Georgia Office of the Capital Defender to offer him the interim appointment. Before joining the Capital Defender's Office, Mr. Baker was the original Circuit Public Defender in the Cordele Office. In addition to being a_skilled advocate, he already an established relationship 1

5 with the legal community and county commissioners in the Cordele Circuit. He also has a vested interest in that office's success. Mr. Baker responded that he would accept the interim appointment and serve as public defender until the local supervisory committee could act. 6. Once Mr. Baker accepted the interim appointment, I wrote the local supervisory panel to advise that Mr. Eidson had resigned, that I had appointed Mr. Baker as the interim circuit public defender, and that they needed to nominate candidates to permanently fill the circuit public defender position. 7. On August 19, I received a fax from Judge Russell Wright of the Crisp County Probate Court and Cordele Judicial Circuit Public Defender Supervisory Panel indicating that he had asked for the open public defender position to be posted on the Georgia Association of Criminal Defense Lawyers listserv. We also posted the position on the Georgia Public Defender Standards Council's website. 8. In my letter to the supervisory panel, I asked them to send me their nominations by Thursday, August 28. I have not received yet received the panel's nominations to permanently fill the vacant public defender position. 9. In addition to my other responsibilities, I am familiar with the Georgia Public Defender Standards Council's day-to-day operations, the records it creates and keeps, and the methods for creating and keeping them. 10. The document attached as Exhibit A to this affidavit is a true and accurate copy of the letter I received from Timothy Eidson in which he resigned as the Cordele Judicial Circuit Public Defender as of August 1, It was kept in the course of regularly conducted business at the Georgia Public Defender Standards Council. 11. The document attached as Exhibit B is a true and accurate copy of the I sent to Burt Baker offering him the position of Interim Circuit Public Defender for the Cordele Judicial Circuit. It was kept in the course of regularly conducted business at the Georgia Public Defender Standards Council. 12. The document attached as Exhibit C is a true and accurate copy of the letter I sent to the Cordele Judicial Circuit Public Defender Supervisory panel advising them of Mr. Eidson's resignation, Mr. Baker's interim appointment, and their responsibility to nominate a permanent replacement. It was kept in the course of regularly conducted business at the Georgia Public Defender Standards Council. 13. The document attached as Exhibit D is a true and accurate copy of the that Burt Baker sent to me accepting the appointment as interim circuit public defender. It was kept in the course of regularly conducted business at the Georgia Public Defender Standards Council. 2

6 14. The document attached as Exhibit E is a true and accurate copy of the letter I sent to Burt Baker confirming his appointment as interim circuit public defender effective August 1.. It was kept in the course of regularly conducted business at the Georgia Public Defender Standards Council. 15. The document attached as Exhibit F is a true and accurate copy of the letter I received by fax from Crisp County P:r:obate Judge G. Russell Wright advising me that the public defender supervisory panel had posted the open circuit public defender position on the Georgia Association of Criminal Defense Lawyers listeserv. It was kept in the course of regularly conducted business at the Georgia Public Defender Standards Council. 16. The document attached as Exhibit G is a true and accurate copy of the letter that Stephen Bright ostensibly sent to the Cordele Judicial Circuit Public Defender Supervisory Panel as it appeared on the Fulton County Daily Report website. W. Travis Sakrison Executive Director GPDSC Sworn before me by W. Travis Sakrison on August 29, 2014 State of Georgia Fulton County Notary Public My commission expires: 3

7 Exhibit A

8 JUL ( FRI ) 14:43 PUBLIC DEFENDER OFFI CE CORDELE ( FR X) o P. OOl / 002 OFFICE OF THE PUBLIC DEFENDER 71 6-D 16Lb A venue Ea.<;t CordeJc, Georgia 3101 S &Tclephol1e FacsimjJc CORDELE JUDICIAL CIRCUIT Timothy L. Eidson, Circuir Public Defender To: W. T@VJS 5BJ<eJ5oAI FAX#: NUMBER OF (Including cover Page) FRO:M: NOl'ES: Cordele Judicial Circuit Public Defender Office /; {11{.JJ_!_o::...;...Al=

9 JUL d( FR I) 111: 113 PUBLIC DEFENDER OFFICE CORDELE (FAX) 2292f35395 P. 002/002 OFFICE OF THE PUBLIC DEFENDER 716-D 161h Avenue East Cordele, Georgia Telephone Facsimile W. Travis Sakrison Executive Director Georgia Public Defender Standards Council Suite Marietta Street, NW Atlanta, Georgia CORDELE JUDICIAL CIRCUIT Timothy L. Eidson. Circuit Public Defende.,. July 25, 2014 Re: Resignation of Circuit Public Defender Timothy Lee Eidson Dear Mr. Sakrison: I hereby resign my position as Circuit Public Defender for the Cordele Judicial Circuit to become effective on August 1, I have accepted the position of Supervising Attorney for the Capital Defender Office in South Georgia effective August 1, Thank you for allowing me the opportunity to have served the people of the Cordele Judicial Circuit as Circuit Public Defender since Sincerely, - t _,.,,.. _ r- - -,.t- - '' _,, """' "" ! Timothy Lee Eidson Circuit Public Defender Cordele Judicial Circuit

10 Exhibit B

11 Travis Sakrison From: Sent: To: Subject: Travis Sakrison Friday, July 25, :19PM 'burt baker' Cordele Circuit Public Defender To: Burt Baker Burt, I would like to offer you the position of Circuit Public Defender in the Cordele Judicial Circuit. The position will be on an interim basis until the local supervisory panel can meet and make a recommendation. Travis Travis Sakrison Director, GPDSC 1

12 Exhibit C

13 GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL 104 Marietta Street Suite 200 Atlanta, Georgia W. Travis Sakrison Executive Director July 30, 2014 Honorable G. Russell Wright PO Box 938 Cordele, GA Mr. Robert E. Sherrell Post Office Box 308 Fitzgerald, GA Dear Judge Wright and Mr. Sherrell: As members of the Cordele Circuit Supervisory Panel, you are tasked with two critical responsibilities: evaluating the performance of your Circuit Public Defender and nominating candidates to be considered for appointment as CPD. This letter is to notify you that Tim Eidson, Cordele Circuit Public Defender, has resigned to take another position at GPDSC. This resignation is effective August 1, Former Cordele CPD Burt Baker has agreed to serve as interim CPD. According to OCGA (e) When a CPD vacancy occurs, the local supervisory panel shall meet within thirty (30) days of the vacancy occurring and nominate up to five (5) people to replace the CPD. A CPD job description and evaluation form have been enclosed to serve as guidelines for evaluating nominees. Please feel free to include additional information important to the evaluation of your applicants, for example, considerations that may pertain to needs unique to the Cordele Circuit. In order for candidates to be considered for appointment, I respectfully request that you caucus (by phone or in person) and submit no more than five (5) candidates no later than August 28, The contact information for your fellow panel member(s) is also enclosed. If you would like GPDSC assistance in posting the CPD position or noticing the public in advance of your panel meeting, please let us know. I am aware that many of the Panels currently only have two of their three members appointed thus far. According to OCGA , nominations are allowed by a simple majority: (b)(2) By majority vote of its membership, the circuit public defender supervisory panel shall nominate not more than five people to serve as the circuit public defender in the circuit. The director shall select the circuit public defender from the panel's list of nominees... 1

14 Additionally, the statute requires that you annually elect a Chair and Secretary: (b)(l) By majority vote of its membership, the circuit public defender supervisory panel shall annually elect a chairperson and secretary. The chairperson shall conduct the meetings and deliberations of the panel and direct all activities. The secretary shall keep accurate records of all the meetings and deliberations and perform such other duties as the chairperson may direct. The panel may be called into session upon the direction of the or by the council. Should you have any questions, please contact Cheryl Karounos, Director of Communications and Government Relations, at ckarounos@gpdsc.org or call her directly at and she will be happy to assist you. Let me thank you in advance for accepting this responsibility and performing this service on behalf of indigent defendants, the Cordele Circuit, and all the citizens of Georgia. I look forward to your thoughtful recommendations. W. Travis Sakrison Executive Director Enclosures 2

15 Exhibit D

16 Travis Sakrison From: Sent: To: Subject: burt baker Friday, July 25, :18PM Travis Sakrison Re: Cordele Circuit Public Defender I will be happy to perform the Public Defender duties until the supervisory panel can meet. Thank you Burt Baker On Friday, July 25, :18PM, Travis Sakrison <tsakrison@gpdsc.org> wrote: To: Burt Baker Burt, I would like to offer you the position of Circuit Public Defender in the Cordele Judicial Circuit. The position will be on an interim basis until the local supervisory panel can meet and make a recommendation. Travis Travis Sakrison Director, GPDSC 1

17 Exhibit E

18 GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL 104 Marietta Street Suite 200 Atlanta, Georgia (800) Fax Executive Director July 25, 2014 Mr. Harold Burton Baker Office of the Capital Defender PO Box 1909 Tifton, GA Dear Burt: The Georgia Public Defender Standards Council is pleased to acknowledge your acceptance to serve as the Interim Circuit Public Defender of the Cordele Circuit effective August 1, We trust that your knowledge, skills and experience will be an asset to the Circuit and GPDSC. Feel free to call me or Cheryl Karounos if you have questions or concerns. W. Travis Sakrison Executive Director WTS/ck Cc: Mr. Robert E. Sherrell Mr. G. Russell Wright

19 Exhibit F

20 :54:31 p.m /3- Probate Court of Crisp County CRISP COUNTY COURTHOUSE CORDELE, GEORGIA G. RUSSELL WRIGHT, Judge (229) Volce- (229) Fax 510 N. Seventh Street P. 0. Rox 26 Cordele, GA JJOIO DATE: "?:,) }9,J 1'-/- TO: -=t""couy -\ S> [ FAXNUMBER.: 4DL}- {Zf] FACSIMILE TRANSMISSION \ -SO Q FROM: CruSPCOUNTYPROBATECOURT FAX NUMBER.: (229) MESSAGE:

21 :54:39 p.m /3-- Probate Court of Crisp County CRISP COUNTY COURTHOUSE CORDELE, GEORGIA. G. RUSSELL WRIGHT, Judge (229) Voice (229) Fax N. Seventh Street P. 0. Box 26 Cordele, GA August 19, 2014 To: Travis Sakrison Re: Cordele Circuit Public Defender Position Available Attached please find a copy of the announcement on the GACDL. Thank you, GRW/MF

22 :54:46 p.m /3- Rusty Wright From: Sent: To: Cc: Subject: Rusty Wright Friday, August 15, :41 AM att.net' Cordele Circuit Public Defender Position Available Jennifer, Pursuant to our telephone conversation of yesterday, please put the following announcement on the GACDL listserver: POSITION AVAILABLE The Cordele Circuit Public Defender Selection Panel Is currently accepting applications for the position of Circuit Public Defender for the Cordele Judicial Circuit. Applicants must be a member of the Georgia Bar in good Standing. The salary for this position is pursuant to OCGA as adjusted by the General Assembly. Applications will be accepted until August 25 1 h, The Cordele Circuit Public Defender Office serves four counties with a current annual caseload of approximately 1700 cases. The staff currently consists of 3 attorneys and 3 support staff. Interested applicants should send a resume and cover letter to: Cordele Public Defender Committee P.O. Box 938 Cordele, GA For additional information please contact Russell Wright, Thanks so much for doing this Jennifer. Please send me a Confirmation you got this. Rusty Wright 1

23 Exhibit G

24 Stephen B. Bright Attorney-at-Law 83 Poplar Street, N.W. Atlanta, GA ( 404) s August 22, 2014 Russell Wright, Esquire Cordele Public Defender Committee P.O. Box 938 Cordele, GA Dear Mr. Wright: Please consider this letter my application for the position of Cordele Circuit Public Defender. I am enclosing my resume, a couple of writing samples, and a list of references. I am compelled to apply by the urgent needs of poor children and adults accused of crimes for a competent and capable Circuit Public Defender. For the last ten years, whether the Circuit Defender was Burt Baker or Timothy Eidson, the accused have not been provided the guiding hand of counsel. They have been neglected and processed through the system. They languish in jail for months without speaking to a lawyer until the day before or morning of arraignments because the public defenders make no attempt to provide the services of counsel within three business days as required by statute. They are not interviewed and their cases are not investigated. For many, their only interaction with a public defender is to be told of a plea offer shortly before arraignment. One reason for this is obvious from your announcement: the office has three attorneys and an "annual caseload of

25 Russell Wright, Esquire August 22, 2014 Page two approximately 1700." That is 567 cases for each attorney- far more than any attorney can competently and ethically handle. But it is also because the one "investigator" is incapable of investigating and interviews clients only for financial eligibility for public defender representation. There are also shocking indications of a lack of basic competence, training and supervision, as when public defenders ask defendants to list the questions to ask at hearings or abandon defendants to argue their own bond motions. I expected that when Timothy Eidson was replaced as Circuit Public Defender that a fair, open and honest selection process would occur to find the best qualified person for the position. Instead Burt Baker was appointed to fill the position without even announcing the opening to the bar and public. Last Friday, you announced the position to subscribers to a listserv and allowed less than six business days for persons to apply, during a month when many people are away. You have not explained how applications will be fairly considered since the position was already filled. Potential applicants might reasonably be reluctant to apply for a position that has already been filled. Undoubtedly, many potential candidates have not heard of the opening and have not had time to consider it and apply. Under the circumstances, I am very concerned that you will not attract the top flight public defender to which the indigent defendants of the Cordele Circuit are constitutionally entitled. Accordingly, I am applying for the position of Circuit Defender because people accused of crimes in the circuit should no longer suffer continued deprivation of their right to counsel due to the failure to conduct an open and aboveboard hiring process.

26 Russell Wright, Esquire August 22, 2014 Page three My experience qualifies me for the position. I have been involved in the representation of poor people accused of crimes since I started my criminal practice as a trial lawyer at the Public Defender Service for the District of Columbia, which was considered then, as it is today, one of the most outstanding public defender offices in the country. I have handled hundreds, if not thousands, of juvenile, misdemeanor and felony cases, and have tried all types of cases, including death penalty cases. Since 1982, my practice has focused on the representation of people in capital cases. I have tried capital cases before juries in three states, including Georgia. I have also handled appeals and postconviction representation and have argued cases in the Georgia Supreme Court, the Court of Appeals for the Eleventh Circuit and the United States Supreme Court, as well as other state and federal courts. I have participated each year since 1976 in several continuing legal education programs for criminal defense lawyers all over the country sponsored by the American Bar Association, the Administrative Office of U.S. Courts, state public defender programs, law schools and others. Some of those programs have been week-long intensive programs on trial advocacy. At those programs, I have made presentations on just about every aspect of defending criminal cases from jury selection to closing argument. I have taught classes on criminal law and procedure at the law schools at the University of Georgia, Emory, Yale, Harvard and other schools listed on the enclosed resume. I have published articles and essays on various aspects of criminal practice, which are also listed on the resume. I know public defenders, training directors and law school professors and clinicians from throughout the country that I can call upon for evaluation, training and other assistance in transforming the public defender office into one that capably represents clients.

27 Russell Wright, Esquire August 22, 2014 Page four I was the director of a public interest law firm, the Southern Center for Human Rights, with more than twice the personnel and budget of the Cordele Public Defender office, for 23 years. My responsibilities were the same as the Circuit Public Defender - hiring attorneys, investigators and other staff; seeing that they were properly trained for their responsibilities; supervising their work and the Center's litigation; discharging employees when necessary; and handling budgeting and administrative issues. While managing the Center and when teaching law school, I maintained a caseload so I have been continuously involved in the defense of criminal cases since My work has been recognized on occasion, as indicated on my resume. I believe that as a result of these experiences and others listed on my resume, I am well qualified to be the Cordele Circuit Public Defender. As you know, I am one of several attorneys who brought suit against you and others 1 seeking to make the constitutional right to counsel a reality in the Circuit. We had hoped to work with you and the other defendants to improve what everyone agrees is a grossly deficient public defender office. We had expected - and been led to believe - that when Eidson was replaced, an announcement of the opening would be widely circulated, as is the practice of government agencies and businesses, to attract well qualified applicants in order to identify and hire the most qualified and competent person available. We had looked forward to publicizing the position and doing what we could to recruit 1 Since you and Judge Pack are defendants in the lawsuit, I assume that you will recuse yourself from considering my application. However, I look forward to discussing with other members of the supervisory panel my qualifications and my ideas for tackling the enormous problems of the public defender office.

28 Russell Wright, Esquire August 22, 2014 Page five well qualified applicants. I am immensely disappointed by the bad faith of all involved in the appointment, without notice or any attempt to determine if more qualified attorneys were available, of Burt Baker who has already shown that he will continue to run the office the way it operates now. I hope that the post-appointment hiring process will be a honest and legitimate one and the decision will be made based on qualifications, experience and ability. The major reforms required in Cordele necessitates a Circuit Public Defender who cares about the clients; has a commitment to excellence; is thoroughly familiar with the law on the right to counsel and criminal justice; has knowledge of how exemplary public defender offices are organized and operated; understands the value of training of staff; has the ability to recruit exceptional attorneys, law students and volunteers; will seek funding from both from government sources and grants from other sources; and obtain volunteer support from law firms, law school clinical programs and other sources to compensate for the office's grossly inadequate funding. It requires a Circuit Public Defender who will not tolerate staff impaired by drugs or alcohol, pornography on the office computers, offensive conduct, and sexual harassment. I played a small role in bringing about the creation of Georgia's public defender system and have cared deeply about the representation of poor people accused of crimes throughout my career. I can imagine no greater contribution that I could make to justice in Georgia than taking responsibility for the worst public defender office in the state and turning it into a model for Georgia and the nation.

29 Russell Wright, Esquire August 22, 2014 Page six I look forward to meeting with the supervisory panel and discussing my qualifications and plans for the office. Sincerely, Enclosures