Councilmember Dustin Zvonek, and others in Aurora government, are attacking the very Constitution they swore to uphold.
By attempting to eliminate the cost-effective and efficient Aurora Public Defender’s Office (APDO), they ignore the importance of the 4th Amendment (search & seizure), 5th Amendment (no self-incrimination), 6th Amendment (right to counsel), and 8th Amendment (cruel and unusual punishment).
Our country’s forefathers had a distrust of overreaching by the government and law enforcement. As a result, 40% of the Bill of Rights protects the accused.
The Constitutional protections that Zvonek and others swore to uphold go beyond the First and Second Amendment
APDO defends the Constitution every day by protecting individuals accused of municipal violations.
This War on the Poor currently being waged by the City Manager and some elected officials in Aurora has the potential to impact anyone in Aurora who is accused of a crime as it decreases the transparency and accountability of law enforcement and prosecutors.
I have been involved with indigent representation my entire 40-year career; As a result, I have a unique perspective on indigent defense systems.
I was the Chief Public Defender for the State of Colorado (OSPD) from 2006-2018. In 2020, I was appointed the Chief Public Defender in Aurora, retiring in August of 2023.
OSPD was recognized nationally as one of the best; APDO is also recognized as a national model for municipalities due to their tireless work protecting against governmental abuses and their unprecedented mental health project.
APDO is a department where the City Manager, Mayor, City Attorney and Council should be singing their praises, not holding their funding hostage, and threatening to eliminate one of its most cost-effective departments.
APDO was created in 1990 as an independent agency, governed by an independent commission, to be free from the political interference that is occurring.
(See, Aurora Municipal Code, Sec. 50-166; See also, Principle 1: Independence (americanbar.org).
This attack was never about money; it is about creating a representation model that would not only deny indigent clients the right to effective and equal representation but would eliminate the rule of independence.
Since 1963, effective representation of the accused has been the Constitutionally mandated law in this Country.
Zvonek and City Manager Jason Batchelor are trying to take us back to a time when the poor were throwaways in the criminal system.
To me this looks a lot like the repugnant “Separate But Equal” policy of the 1800s.
Here are two questions that the Sentinel and others should ask:
1. Zvonek: “Where is the data supporting your assertion that privatization – while supposedly providing the same level of representation- would save the city 1 million dollars?” (There is no such data).
2. Batchelor: “What data are you relying on when you allege that the Office of Alternate Defense Counsel has contracts with a large percentage of 200 + municipalities?” (OADC has 2 contracts for handling conflicts and 2 with extremely small courts).
The war is about eliminating cost-effective services to the poor and, in my opinion, retribution for our opposition to eliminating judicial discretion for municipal ordinance violations.
In August of 2022, Zvonek created mandatory sentences for failure to appear in court (including victims and witnesses) and motor vehicle theft. He promised us a committee that would report on the effectiveness of mandatory sentences.
Fifteen months later, that committee has not even met, let alone evaluated the impact, if any, of his mandatory sentences.
His ordinances were nothing more than calculated political grandstanding, guarantying his ineffectual tough-on-crime rhetoric.
At the August council meetings, I testified against those ordinances. Three months later, without notice, Zvonek started trying to dismantle one of the top public defender offices.
When you add in a 74% charge dismissal/acquittal rate by the APDO in 109 jury trials this year, no wonder he wants to eliminate the defenders of individual rights. Those numbers reflect poorly on the Council, City Attorney, Police Department, and their Consent Decree monitors.
A robust indigent defense system is a critical component of a fair and just criminal system to insure against wrongful convictions.
Don’t take my word for it, look to the American Legislative Exchange Council, a conservative think tank. ALEC agrees. See the resolution in Support of Public Defense – American Legislative Exchange Council – American Legislative Exchange Council (alec.org).
Lastly, spend an hour on a Tuesday or Thursday watching APDO conduct jury trials and see what you think. If you do, it will be 60 more minutes of observation than Zvonek or Batchelor have seen.
Douglas K. Wilson, is a former Chief Public Defender for Aurora and also the State of Colorado
Thank you, Doug Wilson, for speaking truth to power on this matter and for highlighting the ineffectiveness of Councilmember Zvonek, in particular. This is what happens when propaganda machines buy their way into office with having zero real policy chops. I would have thought Mr. Bachelor had more scruples about him on something like this given his otherwise solid management and reputation.
Certainly a one-sided response from someone who can only reply from that side.
We seem to have made more of this than what it is. Couldn’t it be that our leaders just want to study whether this required service could be done better and/or cheaper by private industry rather than a City Department?
This does not sound like a study to gather information, but a request for a proposal to contract with the city. Without a real “study”, how do you know you are getting “better”?
I did make this comment.
Doug Wilson, you make claims that Zvonek and other council are on a mission to terminate effective council for people that cannot afford a private defense lawyer. An interesting theory you throw out that outsourcing the public defender’s office will predominantly provide less quality than currently is available. This freebie legal service the city is commanded to pay for is accountable to taxpayers, is council concerned, I believe so? Using contracted private public defenders is not that unusual both state and Federal levels. Ever hear of Harvey Steinberg, David Lane? They along with others are into this market, is their services substandard?
Further, the comment of watching the municipal court sessions for an hour. That recommendation is totally misleading and the statement you have made, you have no idea what the process is if you wish to watch on Webcam. In Aurora, Chief Judge Shawn Day’s three page “Standing Order”, “Effective August 31, 2023” “Live remote observation of court proceedings and virtual hearings & appearances.”
Doug for some reason you oddly omit the fact you need to file a motion for certain selected hearings in our municipal court per Judge Day’s order. It otherwise directs your motion to join the case with the Division judge’s approval to using the city Webex system. If not, this order totally blocks you, and thus cannot see the hearing. Any thoughts with an opinion from you on this new view blocking order, Doug? As you know, most everyone of the Co. state courts is wide open on Webex.
The indigent aren’t worthy of defense, and the more “woke” undesireables we send to jail the safer our city will be. It’s about sending a message.
And that message is? I hope that you do not suffer a bankruptcy, or otherwise find yourself indigent and need to look like people with your worldview for support and assistance. Why hate the poor? Jesus said that they will always be with us.
Well, now we get to it, don’t we? “Woke” undesirables. What the hell is that supposed to mean?
I can tell you – it’s the cry of cheap conservatives and other bigots. Because it means nothing about defendants but tells us everything about you. Do you have an extra five thousand dollars to pay an attorney? Because most indigent defendants don’t – like all of them.
I guess innocence and due process mean nothing, not when compared to the infinitesimal cost to each taxpayer to provide what the Constitution requires.
This is the United States, and we have a Constitution. There are no asterisks on the Bill of Rights.
Anything that hurts your side is automatically good, Jeff.
Is this CABC Dick? I never realized you were so hateful. Dick, not all indigent people are black or brown-skinned. Did you know that many indigent people are U.S. military veterans, children, elderly, and people with disabilities? Dick, karma has a way of catching up. You may wish that some indigent souls would have testified on your behalf on your judgment day while you are burning in hell.
This is CABC Dick. I did not write that comment. I think if you do know me, hopefully you understand that I’m not really hateful. I do not have a place in my heart for stupid people and socialists in the USA, though. I do hope this doesn’t start a process where others make statements under someone else’s name.
I probably fall into your “stupid” category since I’ve been known to do some pretty stupid things in my day. I’m glad to know that you have led a perfect life. I have a place in my heart for you Dick and I’ve added you to my prayer card praying for the best on your judgment day with an adjudicator that can see clearly into your heart no matter how you try to convince us about your hate.
Now here’s a new situation for Dave Perry to investigate. I did not write this comment! Nor do I believe what whoever did, said.
One more important piece to the Aurora public defender debate that has not been addressed. More now after the Covid period we learned is that the jails were not wanting to house as many people and so dissuaded jail time. So now the prosecutor input at the onset of these cases is that they ask for no jail time if convicted. The rules of a public defender do not apply in this situation. (No jail no PD) What percentage data is there to be considered into how many PD’s are needed? It’s not the same as before a downsizing to the market as it were.
https://www.eventcreate.com/e/panelapdo
It is sad to read some of the hateful and ignorant comments to my letter. I hope all of you will attend this important public forum on November 15th to meet the Aurora Public Defender and learn why a strong indigent defense system is a critical protecter of everyone’s constitutional rights.
Yes, Doug, we realize you think that anyone criticizing your arguments is “hateful and ignorant.” What magnificent circular reasoning you indulge in.