THE DEFENSE
NEVER RESTS
worth spending money on.”
The office’s funding dilemma
is further complicated by the fact
that the Pennsylvania legislature
provides zero funding for indigent
defense. It is the only state that
fails to do so. As a result, countylevel politicians throughout the
state make crucial funding decisions, even as they hold the power
to appoint and remove the chief
public defenders charged with
making budget requests.
With his requests for additional
funding rejected, Flora presented
county officials and the county’s
chief judge with an ultimatum.
Increase resources for the public defender’s office, he said, or
he would begin declining qualified criminal defendants referred
to his office by the court on the
grounds that his attorneys could
not represent them ethically, given their caseloads.
It was an unprecedented
move. Defender offices in other
states have declined clients due
to overwhelming caseloads, but
only after asking for a judge’s
permission first.
“He did it without any formal
motion. He simply refused to
proceed,” says Norman Leffstein,
dean emeritus of the Indiana
HUFFINGTON
10.28.12
“WE SENT OUT
SECRETARIES TO
TAKE STATEMENTS
WITH NO TRAINING
WHATSOEVER. THEY
WERE ESSENTIALLY
CLERICAL WORKERS
DOING INVESTIGATIVE WORK.”
University School of Law, and
a national expert on indigent
defense. “That really hasn’t been
done without a prior agreement
that it’s okay.”
The county didn’t blink, and in
late December 2011, Flora began
turning clients away. County officials blasted him in the press.
“He just t