Monday, April 09, 2007
ACLU OF SC URGES SC SUPREME COURT TO ORDER FAMILY COURTS TO APPOINT COUNSEL TO INDIGENT DEFENDANTS FACING INCARCERATION FOR NONPAYMENT OF SUPPORT
Read the ACLU Press Release here.
Read the ACLU Press Release here.
All we can say is "It's about damn time!" As noted in the Amici Curiae Brief of the ACLU, the Sixth Amendment requires that Court appoint counsel to represent indigent defendants when imprisonment is a possibility and that "[because imprisonment is a possibility in non-payment cases] "[t]he Sixth Amendment applies in equal force to defendants charged with contempt for nonpayment of child support."
Labels: A. C. L. U., Child Support Collection, Civil Contempt, Family Court Reform, Sixth Amendment
Comments:
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Why should we--the public--pay for the deadbeats'attorneys? Pay the child support and get out.
This is just another way for lazy attorneys to make sure they have a steady income. First, get your judge buddy to appoint you to represent an "indigent." Then get him to order the State to pay you $300 per hour.
This is just another way for lazy attorneys to make sure they have a steady income. First, get your judge buddy to appoint you to represent an "indigent." Then get him to order the State to pay you $300 per hour.
# posted by 
: 11:34 AM
: 11:34 AM
Though your point is well-taken, we have never heard of a situation in which a Court-appointed attorney received $300 per hour in a Family Court case. More important, it seems to us that your beef may be with the Sixth Amendment. However, as far as we are concerned incarceration is incarceration, regardles of whether the inmate was convicted of DUI 3rd or was jailed for failing to maintain a health insurance policy after the premiums tripled.
If you are upset by the thought of taxpayers funding the defense of indigents, you may want to read the following article and take action.
Florida: Campaign Cash to Defense Fund
By THE ASSOCIATED PRESS
Former Representative Mark Foley is using leftover campaign cash to pay for the legal bills he is racking up defending himself in the Congressional page scandal. Mr. Foley, a Republican, spent $206,000 in campaign cash on lawyers from November to January, according to Federal Election Commission filings. That left about $1.7 million in his campaign account on March 31, even after he returned more than $110,000 from donors. The election commission has ruled in other cases that such expenditures generally are lawful. Mr. Foley resigned from Congress in September after being confronted with explicit Internet communications he sent to male pages. The authorities are investigating whether he broke any laws.
http://www.nytimes.com/2007/04/20/us/20brfs-CAMPAIGNCASH_BRF.html?pagewanted=print
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Florida: Campaign Cash to Defense Fund
By THE ASSOCIATED PRESS
Former Representative Mark Foley is using leftover campaign cash to pay for the legal bills he is racking up defending himself in the Congressional page scandal. Mr. Foley, a Republican, spent $206,000 in campaign cash on lawyers from November to January, according to Federal Election Commission filings. That left about $1.7 million in his campaign account on March 31, even after he returned more than $110,000 from donors. The election commission has ruled in other cases that such expenditures generally are lawful. Mr. Foley resigned from Congress in September after being confronted with explicit Internet communications he sent to male pages. The authorities are investigating whether he broke any laws.
http://www.nytimes.com/2007/04/20/us/20brfs-CAMPAIGNCASH_BRF.html?pagewanted=print
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