Legal Commentary

Rod Blagojevich Seeks Dismissal, Cites Payment Freeze on Attorney Funds

By Jeralyn

Former Illinois Governor Rod Blagojevich has filed a motion to dismiss his criminal charges, set for trial in April.

His lawyers cite the recent budgetary freeze on payments to court-appointed counsel. They say they haven't been paid in 9 months, and are unable to retain experts to challenge the Government's evidence. The motion is here.

The financial hardship .... has created a vast inequity in this case between the government and the defense. The government continues to have every resource at its disposal. Yet, the defense is stymied in its ability to prepare for trial.

Blagojevich has the right to a fair trial and to present a defense, as well as the right to effective assistance of counsel. (U.S. Const. Amends V, VI). Blagojevich’s aforementioned rights cannot be sustained under the current economic situation.

Blagojevich is asking to be sentenced now on the single count he was convicted of at his first trial, making a false statement to the F.B.I. That charge carries a penalty of up to 5 years in prison. [More...]

Blagojevich has a valid argument, although I suspect the judge would order a continuance until funds are available, rather than dismiss the case.

What I don't understand is why his counsel haven't been paid for 9 months. The statute authorizing payment for indigent defendants provides for interim monthly payments in complex cases. The Judge entered an order authorizing interim payments to Blagojevich's two appointed counsel and two appointed paralegals in February. The court also found Blagojevich indigent as of October, 2010. (Blagojevich had five lawyers at his first trial, paid for through the court from his campaign fund, which was exhausted by the end.)

A freeze on payments went into effect in late February. Here is a memo sent out on February 23. My understanding from communications sent out Friday from the Administrative Office of U.S. Courts which pays the approved vouchers, is that the freeze has been lifted as to payment vouchers approved before the freeze-lift. So vouchers approved before March 7 or 8 should be paid. The current Continuing Resolution for funding for court-appointed counsel expires on March 18. New funding is expected to be authorized then, and vouchers approved after March 8 will then be paid.

The funding freeze does not just affect Blagojevich, but a huge number of criminal cases in federal courts. According to the latest statistics released this week, for the year ending June 1, 2010, there were 100,000 federal criminal cases commenced, terminated and pending in federal court.

The Government has dropped the RICO charges and forfeiture count for the upcoming retrial. The first trial cost $3 million. The Government got a felony conviction against Blagojevich. Does it really need the extra pound of flesh? In my view, re-trying Blagojevich is a waste of our ever-diminishing judicial resources.

Full post as published by TalkLeft on March 09, 2011 (boomark / email).