Does Proposed SB 283 Deny Right to Legal Counsel for Death Row Inmates?

04/13/11

Proposed Nevada bill, SB 283, would make mandatory court appointed lawyers optional in certain repetitious appeals by death row inmates. Sponsors of the legislation maintain the current system isn’t fair to victims of crimes committed by the inmates, or the victims’ families.

In the April 8th therepublic.com article, ''Nev. bill proposes making legal representation optional for some death row appeals'', Senator Don Gustavson, R-Sparks, told the Senate Judiciary Committee that ''those appeals can drag on for decades under existing law, which requires Nevada to provide condemned inmates with attorneys to pursue post-conviction habeas corpus lawsuits. Those refer to proceedings focusing on the quality of the legal representation, as opposed to the case itself or new evidence.'' He also described the process, as it is now, as ''unbearable'' for victims and their families who often are unable to see justice served.

SB283 would leave it up to a judge to decide if legal counsel should be provided on such grounds.

Lawsuits against the lawyers who handled the trial, the appeals, as well as the lawyers who handle the post-conviction habeas corpus case itself are all fair game for inmates.

For example, Bridgette Denison, whose 19-year old daughter Brianna Denison was found raped and murdered in January of 2008, said she is concerned she’ll die before her daughter’s killer, James Biela, is executed. Biela, who was convicted and condemned for Brianna’s death, is serving four life terms for raping two other women in 2007.

Denison was quoted as saying in therepublic.com article that: "The current law is unfair to my family and me. It means we will be victims again and again by the recurrent, never-ending appeals process. Aren't victims' families entitled to justice, too?''

Indeed, justice. But could the passage of SB 283 be the equivalent of asking Lady Justice to wear her blindfold only when it’s convenient? Or is a middle of the road approach the way to go?

Orrin Johnson is with the Washoe County Public Defender's Office and opposes SB283. He was quoted as saying his position ''isn't an anti-death penalty argument - it is an argument to get it right.'' He also went on to explain that perhaps ''limiting mandatory legal counsel to the first post-conviction habeas corpus case could be a reasonable compromise.''