The Alternate Defense Services needs to comply with both the federal and the state guidelines called the “ Indigent Defense Services Delivery System” (IDSDS). Presently the Orange County Board Of Supervisors have not complied to these guidelines that were mandated in 2006. These guidelines protect all IDSDS defendants relying on taxpayers money from judicial interference. Even though Pro Per Defendants are included in the IDSDS structure, Pro per defendants do not get the same protection.
A IDSDS structured organization needs to be a defense organization run by defense specialists, not a organization run by judges such as the Alternate Defense Service is.
The Alternate Defense Services needs to comply with the Federal And State “ Sunshine Laws” because they are a government regulated organization. Right now the Alternate Defense Services are being funded by the taxpayers and they are not giving an account to the public of how they are spending taxpayers money. They do not have a public forum where the public can participate. They do not have a website, handouts, or anything that they can give to the public to show their structure, organization, finances, or any other policy or procedure that the public needs to be aware of. The Alternate Defense Services operates covertly under the guise of being under the IDSDS guidelines, but it is not anything more than a judicial branch of the court.
The Alternate Defense Services does not publicly display the list of officers, employees, and contractors to the public, when Sunshine Laws are designed to make the public aware of how their taxpayers money is being spent. This list is mandatory and is intentionally being withheld from the public and to the Pro per the defendants.
The Alternate Defense Services does not comply with Federal or States Antitrust laws. A government entity that relies on taxpayers money must have a fair and equal procurement procedure for contractors (Investigators And Experts) to participate in getting government contracts. The Alternate Defense Services picks their contractors by the judges deciding which investigator or expert that the judges themselves would want on the case. These selections are usually adverse to the Pro Per Defendants and the judges force their own selections on the pro per defendants. Thousands and thousands of your tax dollars have been spend on cases where Pro per defendants have filed multiple motions to remove the judges selected investigator or expert, and their is proof that these investigators are working for the self serving effort of the judge, not the defendant.
Antitrust Laws prohibit unfair and discriminatory practices especially in the situation where the agency is a government regulated agency relying on taxpayers funding. The Alternate Defense Services does not have a policy that complies with antitrust laws.
By allowing the existence of the Alternate Defense Services, the Orange County Board Of Supervisors are violating not only the IDSDS Guidelines, Sunshine Laws, and Antitrust Laws, they are violating the pro per defendants 6th and 14th amendment rights to due process guaranteed to them by the Constitution.
It is important that indigent Pro per defendants have the ability to exercise their rights as their counterpart defendants represented by the public defender, alternate defenders, and conflict attorneys. The IDSDS Guidelines include Pro Per defendants and all defendants relying on taxpayer funding. By allowing judicial interference and discriminating against just the pro per defendants and allowing other IDSDS protected defendants nonjudicial interference is a civil rights violation. This civil rights violation is aimed and targeted at Pro per defendants only.
Pro per defendants should have the right to have a defense structured organization that is looking for the guarantee that they will have the same protection as other IDSDS protected defendants. Pro per defendants should be able to have an impartial judge as do other defendants protected by the IDSDS, rights to select their own investigators and experts, and have a defense structured, non-judicial organization representing their interests.
It is important for you to read the IDSDS guidelines and sign this petition because the only reason why the Alternate Defense Services judges are discriminating against Pro per defendants is because of an old ideology where they could exercise their authority over Pro per defendants. This is because most judges view Pro per defendants as inferior in their courtrooms because Pro per defendants do not have a law degree. However, the law clearly states that a person can appear pro per. This does not mean that the judges should marginalize the Pro Per defendants 6th and 14th amendment rights, by limiting their defense preparations. This is the reason that the IDSDS guidelines were put in place in 2006 because of judicial interference which has been eliminated in nearly all of California, except Orange County.
It is also important for you to sign this petition so that the public can get an accounting of the thousands and thousands of dollars that the Alternate Defense Services has spent of your taxpayers dollars to keep this organization covert, and to enforce an old ideology on Pro per defendants.
Please Sign this petition so that we can move forward in the public disclosure to the taxpayer, and to force the Orange County Board Of Supervisors to dismantle or restructure the Alternate Defense Services.