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NYT vs. USAT: Is there an echo in here?

By Mark Obbie

Two months after USA Today's Donna Leinwand reported that public defenders in a growing number of states are balking at handling unworkable caseloads, The New York Times' Erik Eckholm reports essentially the same thing. But what a different two months -- and a few other important factors -- can make. Back in September, I dinged the USA Today effort because it hyped a trend that it didn't prove with evidence. Leinwald wrote that "public defenders are being hit so hard by budget cuts and growing caseloads that offices in several states are refusing to take on more cases because they say defendants' rights are being hurt." She supported that with only three examples, two of which involved court challenges -- not so much a refusal as a plea for relief.Now, Eckholm shows that Leinwand was on to something. He focuses on the same case that served as Leinwald's peg -- a court challenge in Miami -- and backs it up with details from seven states, taking care to specify that the PDs in those states are either refusing to take new cases or are challenging their workloads in court. Eckholm's story benefits from two factors out of Leinwand's control: story length and timing. Eckholm's front pager clocks in at more than 1,500 words, more than triple the word count allotted to Leinwand's story. And, since September, the Times reports, more public defenders have gone to court or gone into open revolt. Was I a big old meanie toward Leinwand? No, her story didn't deliver the goods promised in the nut graf. Did the Times rip off USA Today? Not in my view. Inspiration comes in many forms. I'm sure each of the state challenges has been covered locally. Even if Eckholm took his idea directly from the Leinwand piece, he clearly did his own work -- the anecdotes and details are distinctive -- and ultimately did a better job under admittedly favorable conditions. A true ripoff occurs when the thief merely retraces the steps taken in the original -- or, even worse, simply copies the story without attribution. Props to Leinwand and USA Today for spotting a tasty trend first. If only they hadn't taken it out of the oven quite so soon.

Full post as published by Lawbeat on November 09, 2008 (boomark / email).