Months after the state’s highest court directed judges to ensure that all criminal defendants have legal representation while awaiting indictment, one justice has acknowledged that the rule isn’t being widely followed.
  • ALostInquirer
    3·
    1 year ago

    Something this article didn’t make clear to me…Who exactly enforces the court’s directions/rules and sanctions those that don’t comply? Based on my limited knowledge, I’m supposing the sanctions may come from the state Supreme Court or a similar body, but…

    The article mentions this:

    Individual judges could face sanctions for not complying with the rule if someone files a complaint against them, Kitchens told legislators.

    Who would be filing the complaints on behalf of defendants without lawyers due to non-compliance that, as a result of no legal assistance, are likely unaware of the rule to begin with? It’s little wonder it’s not working if those affected don’t know that they could bring sanctions on the judge for not providing a lawyer. Likewise if there’s no other enforcement or means of accountability, as it sounds like there isn’t.