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Watchdog

Mississippi Says Poor Defendants Must Always Have a Lawyer. Few Courts Are Ready to Deliver.

A rule requiring poor criminal defendants to have a lawyer throughout the criminal process took effect Saturday. Few courts in the state have plans in place.

Mississippi Says Poor Defendants Must Always Have a Lawyer. Few Courts Are Ready to Deliver.

This article was produced for ProPublica’s Local Reporting Network in partnership with the Northeast Mississippi Daily Journal and The Marshall Project. Sign up for Dispatches to get stories like this one as soon as they are published.

In April, the Mississippi Supreme Court changed the rules for state courts to require that poor criminal defendants have a lawyer throughout the sometimes lengthy period between arrest and indictment. The goal is to eliminate a gap during which no one is working on a defendant’s behalf.

Black City White Legislature

Cliff Johnson, head of the Mississippi office of the MacArthur Justice Center, speaks in Hinds County Chancery Court in Jackson in May.

Shortcoming in MS indigent defense

Dennis Farris, seen here in 2019, is the public defender in the city of Tupelo’s municipal court.

Mississippi Jail Escape

Sedrick Russell claims in court filings that he didn’t have a lawyer for 14 months while he was jailed at the Raymond Detention Center in Hinds County, Mississippi, awaiting trial. That includes eight months as he awaited indictment.

In April 2008, Sedrick Russell wrote to a judge and complained that he’d been deprived of meaningful legal representation and had lost contact with a potential alibi witness.

Black City White Legislature

Gail Lowery, chief public defender for Hinds County, testifies about the need for more public defenders during a hearing hosted by the Jackson delegation of the Mississippi Legislature at the state Capitol in March.

Waiting

Many defendants in Mississippi wait in jail without an attorney as prosecutors decide whether to indict them on charges. The Mississippi Supreme Court recently took action to eliminate this period, known as the “dead zone.” Now a patchwork of courts around the state must figure out how to implement the rule.

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