This story over at CNN illustrates a point I make to all clients on appeal or working through the post-conviction system. Most attorneys and clients at trial recognize the need for silence. But, just because a trial is over doesn’t mean it’s suddenly okay to start talking about one’s case. In the story, the defendant’s comments were both ill-advised, and obviously indicative of criminal intent in other areas. They are reprehensible. But one doesn’t have to make such serious comments from prison to face trouble. Sometimes a simple statement can come back to haunt a defendant. Remember, a significant number of appeals result in new trials. Statements made while that appeal is processing, which can take years, could be used against a defendant at some future date in a new trial. The moral of the story: when litigation is ongoing, silence is the rule.

In the wake of the 500+ million state budget shortfall, agencies today released their proposed budget reduction plans.  Now, these are all taken with an enormous grain of salt.  First, we don’t know what the Legislature might do.  Second, pressure on public safety budgets usually results in something less dire actually being implemented.  In any case, of note we see…

1. The DOJ proposes cutting staff from their “Defense of Criminal Convictions” unit, that’s the group that handles PCR and habeas cases.  They acknowledge that this may result in DOJ losing more cases in this area.

2. The DOC proposes eliminating three institutions: Powder River, Mill Creek and Santiam.  The result would be release of approximately 1000 non-violent offenders.

3. The Board of Parole proposes reducing the amount they pay in Attorney General fees, basically meaning the money they spend to defend parole board actions against appeal and suit.

I wonder, however, if reducing the money spent on defending legal actions will result in more legal actions being filed, under the ‘while the cat’s away the mice will play’ theory.  If so, then this ‘savings’ is just a transfer of expenses from the executive to the judicial branch.  Anyway, should make for an interesting legislative session.