Office of the Legal Defender

- FY02 ANNUAL REPORT Lucky 7 for Office of the
Legal Defender

Ring Decision Tolls the Bell
on AZ Death Penalty System

The Office of the Legal Defender celebrated its
seventh anniversary this April. Created in 1995, the
Office was designed as a sister agency for the
Maricopa County Public Defender’s Office. This
plan allowed the county to have an alternate indigent
defense office that could render excellent legal
defense while efficiently handling the growing
number of indigent defense cases. Having the option
of assigning conflict and overflow cases to another
county agency permitted the county to significantly
reduce the costs associated with directing these cases
to private counsel.
The founding philosophy of the Office of the Legal
Defender concentrated on acquiring exceptional staff
and providing them with modern equipment. This
continued on page 2

INSIDE THIS ISSUE:
2

Select Clients

3

Mission

4

Goals

5

5-Star Case

6

Supporting Cast

7

Budget Goals Met

8

From the Arena

–
–

–

Words from On High

Vision

–

Operational Standards

OLD Players
–

Legal Beagles

On June 24, 2002, the Death Penalty System in
Arizona took a hit of seismic proportions. The
United States Supreme Court decided in Ring v.
Arizona that Arizona’s laws regarding the use of
judges to determine aggravating factors in death
penalty cases were unconstitutional, violating the
defendants’ Sixth Amendment right to trial by
jury.
Many defendants had been sentenced to death in
Arizona after judges (not juries) found sufficient
aggravating factors in each case to warrant the
death penalty. Fearing the impact of this decision
on the numerous death penalty cases, both ongoing and past cases with defendants waiting on
death row, the Arizona legislature quickly moved
to enact new laws in an effort to conform
Arizona’s system. [NOTE: The resulting new laws
have created a multitude of questions and
problems for law practitioners, the courts, and
defendants. The next fiscal year’s report will
cover how the system handled the changes.]
The Office of the Legal Defender was on alert
for months before the Court’s decision,
anticipating possible outcomes and consequences,
weighing potential requirements and various
responses, and preparing to confer with defense
attorneys from around the country where states
had faced similar circumstances. Activity in this
area was performed with an eye on being armed
with appropriate research, motions, and legal
strategies. Keeping at the top of the game
™™™
continues to be the Office’s mantra.

Office of the Legal Defender -- FY02 Report -- Page 1

continued from page 1

approach quickly attracted experienced and
respected attorneys and support staff. The Office
opened with eight attorneys and five support staff
members handling only criminal matters. Today,
the Office handles both criminal matters and civil
matters [juvenile dependency/severance cases],
and employs 32 full-time attorneys, 8 part-time
attorneys, 36 full-time support staff members, and
2 part-time support staff.
In its seven short years, the Office has become a
growing influence in the indigent defense arena,
serving as an authority on death penalty issues and
case management, and a reference point on law
office technology.
™™™

“When One Man’s Rights are
Denied,
All Men’s Rights are
Diminished ”

Select Clients
The Office of the Legal Defender cannot take any
client who walks in the door or calls for legal
assistance. Clientele comes only from assignments
by the Superior Court of Arizona in Maricopa
County. The Office is appointed to represent the
following individuals:
1.
people charged with serious criminal
offenses, or parents in juvenile dependency /
juvenile severance actions,
AND
2.
individuals who the court has determined
are unable to afford a private attorney. ™™™

Words from On High
Robert S. Briney, head of the Office
of the Legal Defender since its founding,
brought an interesting background to his new
Office. After obtaining a B.A. at Alfred
University and a J.D. from the University of
Arizona, followed by service in the Judge
Advocate’s Office – U.S. Army, Bob Briney
joined the Maricopa County Public
Defender’s Office (P.D.’s) where he was a
trial attorney before being named as secondin-command to the Public Defender. In
addition to the practice of law, Mr. Briney
taught law at Arizona State University’s
College of Law, and served on the bench as a
superior court Judge Pro Tem and a Justice of
the Peace. His experience in criminal law
coupled with his administrative and teaching
background made him the ideal candidate for
creating an office parallel to the P.D.’s.
Mr. Briney came with a vision for the
Office – to serve indigent clients with a
vanguard of experienced legal minds. He
recruited only known attorneys with a
minimum of five-years’ court experience. He
hired an exceptional Chief Administrator with
extensive background in the court system,
including the Arizona Supreme Court
Administrative Office. Mr. Briney followed
that with the installation of the latest
computer technology and the development of
a superior support staff wielding years of
experience in law enforcement, probation,
mitigation, records, and other related fields.
When asked what he sees as the
Office’s greatest accomplishments, Mr. Briney
listed three: attracting highly qualified people
within the limited salary range necessitated by
a conservative county budget; earning the
respect of the bench as evidenced by the
myriad positive comments from judges
regarding the quality of the Office staff, in
both the criminal and juvenile divisions; and,
having only one death penalty imposed in
seven years and 67 death-penalty-eligible
cases.

continued on page 7

Office of the Legal Defender -- FY02 Report -- Page 2

Operational Standards Rule

MISSION
THE MISSION OF THE MARICOPA
COUNTY OFFICE OF THE LEGAL
DEFENDER IS TO PROVIDE
QUALITY LEGAL
REPRESENTATION TO INDIGENT
INDIVIDUALS ASSIGNED TO US
BY THE COURT, THUS
SAFEGUARDING THE
FUNDAMENTAL LEGAL RIGHTS
OF EACH MEMBER OF THE
COMMUNITY.

VISION

The Office of the Legal Defender can rival any
private sector counterpart in legal knowledge,
effectiveness, efficiency, and fiscal responsibility.
With the finest legal representation as the overriding
goal, the Office maintains its successful operating
practice of
- conducting self-assessments to confirm that
established policies and procedures conform to
legal, ethical, and government standards and
goals;
- participating in inter-agency activities to
maintain currentness and cooperation;
- updating Office members on legal issues, court
matters, and governmental policy changes;
- supporting the in-house and inter-agency use of
advanced technology; and
- providing training opportunities to Office
members to enhance their skills.

BY PROVIDING OUR INDIGENT CLIENTS WITH
THE HIGHEST QUALITY LEGAL REPRESENTATION,
THE COMMUNITY WILL BENEFIT SIGNIFICANTLY
FROM OUR WORK, INCLUDING

1.

SETTING A LEGAL STANDARD WITH OUR
ADHERENCE TO EXCEPTIONAL, INNOVATIVE
REPRESENTATION OF CLIENTS’ INTERESTS BY
ATTORNEYS, INVESTIGATORS, MITIGATION
SPECIALISTS, AND OTHER TEAM MEMBERS,
ALL WHILE OBSERVING FISCAL
RESPONSIBILITIES;

2.

PRESERVING THE CONSTITUTIONAL RIGHTS
OF ALL CITIZENS WITH OUR DEDICATION TO
PROTECTING THE RIGHTS OF THE ACCUSED;

3.

ENHANCING THE CITIZENRY’S CONFIDENCE
IN OUR LEGAL SYSTEM BY CONSISTENTLY
DEMANDING JUST AND EQUITABLE
TREATMENT FOR ALL.

The Office continues to impress outsiders with its
technological capabilities. Their internal computer
programs remain regularly updated. Digital
equipment is provided to produce savings in outside
processing. Staff members are encouraged to take
advantage of the county’s electronic programs for
gathering information, communicating with other
agencies, and handling routine business. Increased
use of advanced technology allowed OLD to meet
goals of serving clients, and subsequently the general
public, in a measurable, cost-effective manner. ™™™

“The first duty
of society is
justice.”

Office of the Legal Defender -- FY02 Report -- Page 3

GOALS
I.
DEVELOP AN EFFECTIVE
REPRESENTATION FOR EACH CLIENT IN AN
ETHICAL FASHION THAT PROTECTS HIS OR HER
RIGHTS AND ENSURES EQUAL PROTECTION UNDER
THE LAW.
II.

PROVIDE THE COUNTY A COST-EFFECTIVE

METHOD OF REPRESENTATION FOR INDIGENT
CLIENTS WHO WOULD OTHERWISE BE
REPRESENTED BY THE MARICOPA COUNTY
OFFICE OF THE PUBLIC DEFENDER, THE OFFICE
OF THE LEGAL ADVOCATE, OR THE OFFICE OF
CONTRACT COUNSEL.

III.

RETAIN AND DEVELOP ATTORNEYS AND
STAFF HIGHLY REGARDED FOR THEIR RESPECTIVE
SKILLS IN REPRESENTING, INVESTIGATING, OR
SUPPORTING THE DEFENSE OF ASSIGNED
CLIENTELE.

IV.

CREATE AN ENVIRONMENT IN WHICH

PROFESSIONALISM AND RESPECT FOR CLIENTS AND
FELLOW EMPLOYEES ARE INHERENT.

V.
ENDORSE MEASURES TO PROVIDE
EFFECTIVE ALTERNATIVES TO IMPRISONMENT AND
INCARCERATION.
VI.

MAINTAIN WORKLOADS THAT DO NOT
JEOPARDIZE ANY CLIENT’S DEFENSE.

OLD Players
Staff from the Office of the Legal Defender
(OLD) like to contribute to the legal system in
many ways. Members provide input and service
to other government agencies, helping to
uncover and develop more efficient ways to
utilize the justice system’s resources.
Representatives from the Office meet or confer

with court administration, public officials, and
members of the community on Criminal Justice
issues, Juvenile Dependency/Severance issues, and
legislative matters.
The Office also believes in helping to develop the
future participants in the court system. The Legal
Defender’s Office continues its relationship with
the College of Law at Arizona State University and
supports an externship program. The year-round
program with the college immerses law students in
actual casework. This arrangement gives students
the invaluable benefit of hands-on legal experience
while the Office gains legal research and case
assistance. The Office’s program has garnered a
favorable reputation at the Law School and sees a
regular flow of applicants for the limited number
of externship positions.

Legal Defenders with a Hammer [and
other Tools]
Lawyers and legal staff don’t seem to get enough
of helping others. Members from the Office of
the Legal Defender were seen hammering at
Habitat for Humanity projects on two weekends
this spring. Additionally, they have been spotted
involved in the following extracurricular activities
and/or organizations:
- 9/11 Disaster Funds
- Arizona State University, Blue Ribbon
Committee
- Arizona State University Homeless Legal
Assistance Project
- Arthritis Foundation, Arizona Chapter
- Big Brothers Big Sisters of Central Arizona
- City of Phoenix Board of Adjustment
- Combined Charities Campaign
- Courthouse Experience
- Family Drug Court Committee
- KAET, TV Pledge Drive
- Lamb Family Charitable Foundation
[Executive Director]
- Liberty Wildlife

Office of the Legal Defender -- FY02 Report -- Page 4

continued on page 5

continued from page 4

- Phoenix Zoo
- Red Cross Blood Drives
- Ride-Share/Transportation Program
- Salvation Army Food Drive
- Scottsdale Community College Mock Trial
Team [Coach]
- State Bar of Arizona, Board of Legal
Specialization, Criminal Law Advisory
Committee [Chair]
- State Bar of Arizona, Criminal Jury Instructions
Committee
- State Supreme Court Committee on
Examinations
From the courtroom to the construction site,
members of the Legal Defender’s live the
“service” ethos.
™™™

Legal Beagles
Legal Defender attorneys come
from various backgrounds and
possess a range of talents, from
death penalty and white-collar
crime expertise to juvenile
dependency and severance
skills. Office attorneys are
assigned, based on their levels
of experience and their fields of
interest, to handle cases in one
of three areas: major felonies,
regular felonies, and juvenile
dependency and severance
matters. The attorneys are
respected courtroom advocates,
and many are sought-after
speakers and writers in their
respective fields.

5-Star Staff
[aka Cast of Characters]
The Office, though small in numbers, successfully
handles a large number of court cases. The entire
staff breaks down as follows:
Attorneys, Criminal Division – Full-time = 24
Part-time = 7
Attorneys, Juvenile Division – Full-time = 8
Part-time = 1
Support Staff, Criminal Div. – Full-time = 27
Part-time = 2
Support Staff, Juvenile Div. – Full-time = 9

Attorneys in the Criminal
Division routinely work on
complex felony cases that
require extensive knowledge of
the intricacies of Arizona’s
court system, criminal and
constitutional law, and the
various rules of procedure.
They confront the daily
challenge of presenting ardent,
creative defenses while juggling
heavy caseloads and remaining
mindful of the Office’s budget
constraints. The criminal
division continues to amplify
its work in the area of
Murder 1/Death Penalty cases.
With the Ring decision, decided
in June of 2002 after months of
anticipation and study, the
Office faces new challenges to
handling difficult criminal cases
in an area where law is being

Office of the Legal Defender -- FY02 Report -- Page 5

rewritten and precedents are
being set daily.
Attorneys in the Juvenile
Division, who represent parents
in dependency/severance cases,
deal with similar caseload and
budget concerns while meeting
the special challenges of the
juvenile system’s civil courts.
These attorneys strive to protect
the parents’ rights and preserve
the integrity of Arizona families.
The delicate issues in
dependency and severance cases
require a sensitive approach to
family situations in addition to a
wide-ranging knowledge of the
laws covering not only
dependency and severance, but
also divorce, child support,
guardianship, and paternity
matters.
™™™

A Unique Team = Juvenile Dependency
/Severance Division

Supporting Cast
From the Streets = Investigation
Investigators come to the Office of the Legal
Defender with extensive and varied experience, and
play a critical part in the defense team’s
representation of indigent clients. The
investigators, selected because of their lawenforcement backgrounds, are able to meld past
expertise with a defense perspective to create a
hybrid investigation. They help the attorneys by
locating and interviewing potential witnesses,
obtaining and evaluating physical and documentary
evidence, and assisting in the development of
defense strategies and case theories. Additionally,
investigators maintain contact with clients, other
agencies, and interested parties – often becoming
an invaluable liaison. The investigators present oral
and/or written investigative reports. In certain
cases, Office investigators are uniquely qualified to
provide critical information at the trial level, and
are called upon by Deputy Legal Defenders to
testify in court. By providing continual
investigative service and serving as on-site
references, the investigators have proven
themselves to be an indispensable line of defense.

Another Right Hand = Mitigation
/Client Services Division
The Mitigation/Client Services Division provides
another right hand for defense attorneys. This
Division primarily assists attorneys with the
preparation of death penalty cases for trial and
mitigation hearings. In addition, assistance is
provided for developing case strategies, selecting
jurors for trials, and formulating sentencing plans
on other felony cases. Client Services staff
regularly obtain relevant social history records;
interview clients and interested parties; serve as
liaison to outside agencies; provide clients with
general information about the court process; and
assess information on community resources. This
division is able to assist attorneys in determining
how to appropriately resolve cases in a costeffective manner while maintaining the highest
level of quality representation.

The Juvenile Dependency/Severance Division was
specifically designed by the Office to utilize a new
team concept. The Division’s Case Preparation
Managers (CPMs) are organized to assist the
attorneys in the representation of parents in
dependency and severance actions by maintaining
contact with and drawing information from the
clients, court programs, state agencies, and other
pertinent interested parties. By providing a base of
current information and helping develop case
strategies, the CPMs free their attorneys to
concentrate on legal issues, court hearings, and trial
work.

Searching & Researching = Paralegals
The Legal Assistants (paralegals) assist attorneys in
legal research and trial preparation. In the area of
legal research, the Legal Assistants serve as the
WESTLAW researchers and in-house instructors
for the entire Office. During the trial preparation
phase of a case, Legal Assistants may assist in a
variety of ways, including working on discovery,
organizing evidence, preparing summaries and trial
materials, and helping with jury selection.

Behind the Scenes: Administration
/Information Technology /Records
While not as visible as other staff divisions, this
group provides critical support to the other
members of the Office by covering the behind-thescenes functions that move the casework. The
often-unsung work of the Records staff ensures that
vital information is current and easily accessible.
The Information Technology staff works toward
the smooth delivery of electronic devices, programs,
and communications so that the important work
flows unimpeded. And, Office Administration
strives to maintain a true course in attaining Office
goals, to meet personnel needs, and to keep
resources up-to-date and available, while minimizing
spending to conform to budget mandates.
™™™

Office of the Legal Defender -- FY02 Report -- Page 6

Intranet, allowing rapid exchange of information,
confirmation of data, and updating of records.

Budget Goals Met,
Yet Again
Once again the Office of the Legal Defender
succeeded in meeting its annual budgetary goals and
saving the county money in several areas. FY02
funding for the Office was provided by the
Maricopa County Board of Supervisors as follows:

FY01-02

$4,065,750
and
$ 932,183

for the Criminal Division,
for the Juvenile Division.

In using the budgeted monies, the Office
maintained a balance between representing the
rights of individuals accused of criminal or negligent
behavior and showing fiscal responsibility in the
application of public funds. The Office-staff
expended considerable time on the business side of
operating this law firm. Working closely with
county finance and budget departments, the Office
helped to ensure the refinement of accounting
procedures and coordination of records. Much of
this work was accomplished through the timesaving

These monies served the county in the handling of
the following:
CASES:
8
267
19
3,988
105
603
758
91
TRIALS:
54

Criminal

APPEALS:
8

Juvenile Dependency/Severance.

A review of the Office at the close of FY02 found
the Office a fiscally responsible department, a
community asset, and a respected law firm with a
reputation for leadership in cutting-edge legal
issues.
™™™

continued from page 2

Mr. Briney reflected
on the many changes in
indigent defense work since
he started the Office seven
years ago. According to the
Legal Defender, the change
in the county’s position on
funding for indigent defense
has had an important impact
on the justice system. He
also noted that the court’s
shift to a fast-track system
for cases has significantly
reduced the time for case
preparation while increasing
the difficulty in providing
effective assistance of
counsel to clients. And last,
Mr. Briney opined that the

Misdemeanor Assignments
Probation Violation Assignments
Witness Representation Assgnmnts.
Regular Felony Assignments
Major Felony Assignments
Dependency Assignments
Dependency Recertifications,
and
Severance Assignments.

addition of Juvenile
Dependency and Severance
representation has greatly
expanded the legal arena for
not only the Office of the
Legal Defender, but for
other offices as well.
In discussing the
Office’s relationship with the
private bar in Arizona, Mr.
Briney stated, “We’ve been
particularly pleased that
prestigious private law firms
have chosen to work with us
on a number of high-profile
cases. We feel that working
with the private bar has not
only benefited our clients,
but has been a mutually
Office of the Legal Defender -- FY02 Report -- Page 7

rewarding experience for the
Office and private counsel.”
Summing up his part
in the Office’s work and
growth, Mr. Briney
commented, “My job is to
take competent people and
encourage self-motivation,
initiative, and creativity in
them, all within the county
structure.”
How does he relax
after dealing with heavy legal
issues all day? Mr. Briney,
once known for his prowess
on the tennis courts before
injuries sidelined him, mused
that he now looks to golf or
shuffleboard as his next
diversion.
™™™

From the Arena
Major felony attorneys deal with distinctive
pressures and legal issues – the death penalty being
the most momentous. While their goals as
indigent defense attorneys are the same, their
insights and methodology vary.
Rick Miller, a major felony attorney with the
Office of the Legal Defender (OLD) since 1995,
noted, “As one of several attorneys handling death
penalty cases, I anticipate that the U.S. Supreme
Court’s decision, Ring v. Arizona, will have a major
impact on the way we prepare to defend the lives
of our indigent clients.

“. . . a dramatic change in the way we
process cases, and should not be
underestimated.”
Before Ring, much of the costs associated with
defending capital defendants was deferred until
after the defendant was convicted of 1st Degree
Murder. With the new statute, which Arizona
adopted after Ring, all mitigation, which essentially
means creating a life story with documents, family,
friends, and experts, must be done before the

verdict. This is a dramatic change in the way we
process cases, and should not be
underestimated.”
John Canby, an OLD major felony attorney for
the last four-and-a-half years, reflected, "The
clients are both the best and worst thing about
this job. They are the best because there is
nothing more satisfying than helping someone
who really badly needs your help. They are the
worst thing about this job because there is
nothing more frustrating than not being able to
help someone who really needs your help. There
is a lot of misery in this work and there is often

“ . . . – and innocent clients are
charged more often than we should be
comfortable with.”
nothing we can do to make it better. On the
other hand, sometimes we are in the position of
helping someone get a second chance and
sometimes the clients even turn around their
lives based on that second chance. Of course
occasionally we get the ultimate payoff, an
acquittal of an innocent client. – and innocent
clients are charged more often than we should be
comfortable with.”
™™™

Office of the Legal Defender

Dedicated to the
Guardians of Freedom
–

-Maricopa County222 North Central Avenue,
Suite 910
Phoenix, Arizona 85004-2237
602-506-8800
Fax 602-506-8862
Robert S. Briney
Legal Defender

wherever they
are found.

Max Bessler
Chief Administrator
Georgia A. Bohm
Editor

Office of the Legal Defender -- FY02 Report -- Page 8