OAKLAND, Calif. — Alameda County is facing a deepening crisis in its criminal courts, where a shortage of court-appointed attorneys has left dozens of people waiting weeks for legal representation, delaying cases and raising civil rights concerns, according to The Mercury News.
In May, court records showed that 59 people were waiting for counsel. Some have appeared in court six or more times without an attorney and remained in custody for more than a month.
One man recently negotiated a plea deal directly with a prosecutor in open court after being told the court still had no lawyer available for him.
“This is a clear violation of constitutional rights,” said Yoel Haile, director of the ACLU of Northern California’s criminal justice program. “People are being detained without convictions and without legal help.”
The shortage is most acute in the Criminal Court Appointed Attorneys Program (CAAP), which provides lawyers when the public defender’s office has a conflict of interest. Program officials said they have taken on more cases without receiving additional funding.
Alameda County Public Defender Brendon Woods rejected claims that his office is declaring conflicts at higher rates and called the crisis “unacceptable.”
On Tuesday, county supervisors approved their $30 million contract with the Alameda County Bar Association to help recruit more attorneys, but they added no new funding.
Superior Court Presiding Judge Thomas Nixon said he remains “deeply concerned” and is urging judges to appoint counsel where possible. Some advocates, including Woods, argue that the county should establish an alternate public defender’s office, as other counties have done.
In court, frustration is mounting. On July 10, a man facing a probation violation offered to accept 90 days in jail after hearing the prosecutor’s offer of 120. The prosecutor agreed, and the case went forward without a defense attorney.
Woods said the creation of an alternate public defender’s office “is something that needs to be explored.”
“It’s something that has to be remedied immediately,” Woods said. “It’s almost unfathomable that there are people sitting in custody for two weeks or longer waiting for counsel.”
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