Liberty on the line: Jon Rapping's push to educate public defenders

Jon Rapping, co-founder of Gideon's Promise, with Tomi Johnson in Marietta, Ga.

(Disclaimer: I met Attorney Rapping at the Cobb County SCLC Gala on Saturday, February 24 and was introduced to him by Dr. Ben Williams, president of the organization. This article was written after that initial meeting, and the information provided within this article was taken from Rapping's speech at the Gala.)

I keep a close watch on this heart of mine.
I keep my eyes wide open all the time.
I keep the ends out for the tie that binds.
Because you're mine, I walk the line.

---Johnny Cash

If you are arrested for a crime and can't afford to hire an attorney and don't have enough money to post bail, Lord help you! 

Even though “poor” US citizens (who are mostly people of color and increasingly women) with no property and little income can probably qualify for a public defender, many lawyers assigned to them are overworked, underpaid, inexperienced, lack relationships with district attorneys and judges, and don't understand the culture of the oppressed. They can't even communicate with their clients.

Suited, uniformed, and robe-cladded representatives of the courts sit unfazed while folks in orange jumpsuits, shackles and handcuffs are shuffled through the halls of justice. Many of the processed just plead guilty, and a life behind bars begins.

Jon Rapping understands this and has created Gideon's Promise to help, a non-profit with a mission to transform America's criminal justice system. 

What a challenge he has...

Rapping says that the "process" of helping the indigent is not fair, and only outrage, compassion, and education can change the system. He says the criminal justice system doesn't see poor people as human beings, and we have not progressed since the 1960's.

Here's one reason why protest is important - people may be incarcerated for over two months without seeing a lawyer. Many judges, prosecutors, and public defenders are not outraged at the system, so injustice continues. They sit silently because an unjust "process" has been normalized.

LIBERTY IS ON THE LINE!

WW: Why do we need public defenders?

Rapping: Every problem facing marginalized communities is addressed in the criminal justice system.  If you are poor, society criminalizes substance abuse, mental illness, homelessness, illiteracy, and poverty generally.  The criminal justice system is where all these problems intersect if you are poor.  Eighty percent of those in the system rely on public defenders.  If they are to have a chance, we need to ensure we build a network of public defenders who have knowledge and skill, but also compassion and empathy.  They must be committed to working with the communities they serve and forcing the system to provide just resolutions.  But far too often, public defenders are overwhelmed, under-resourced, and disrespected.  We care little for these lawyers because we care little for the people they serve.

WW: Would every kid reading Black’s Law Dictionary help them stay out of the criminal justice system, and if so, why?

Rapping: Reading the Black’s Law Dictionary won’t keep kids out of the system.  Kids who end up in the system often end up there because they live in communities that are heavily policed and over-prosecuted.  Knowledge won’t change that.  However, the law has its own language, and it takes expertise to maneuver the system.  Understanding how the system works requires knowing this language.  I certainly recommend that anyone in the system understand what is happening in their case.  But trying to educate yourself on the law is no substitute for having a public defender who has skill, knowledge, resources, and commitment to liberating poor people.

WW: How do you do all the things you do?

Rapping: I am fortunate to be surrounded by an army of people who are tirelessly dedicated to justice.  When you are able to mobilize a movement of people who are talented and committed, things get done.  Over our ten years of building Gideon’s Promise, we have built a network of supporters who help us.  We cannot rely on government to give public defenders the support they need, so we have to build a network that is willing to help.

WW: What do we face as challenges to having an equal justice system?

Rapping: At its root, the challenge is cultural.  We have embraced a narrative that sees some people as “others.”  When you see people as less than human, it is easy to stand by and watch them be treated inhumanely.  We will never have the will to achieve equal justice until we truly see those impacted by the system as members of our community.  Humanizing those who have been dehumanized is our greatest challenge.

WW: Neely Fuller, Jr. has written about the law being one activity which is racist. He said all of us are in prison here. How do we make sure that no one is mistreated and that people who need help get the most constructive help, constructive meaning leading to progress?

Rapping: When we do not get close to people and learn who they are, we tend to define them by stereotypes.  Those stereotypes reflect our worst biases and prejudices.  Race and class are powerful forces in shaping our biases.  The law is racist and classist because it reflects our biases.  We will not treat everyone fairly until we can look past our biases and see them as whole people.  Treat them as we would want our loved ones to be treated.  This requires knowing their stories.   It is why public defenders are so important.  When they are doing their job well, they are learning these stories and making sure those in power know the stories before making decisions about the people they judge.

WW: How can a lawyer making $40k compete with lawyers making $200k in the courtroom?

Rapping: There are lawyers who make $200K who I would never let near anyone I loved whose liberty was on the line.  Being a capable defense lawyer requires empathy.  It requires a commitment to justice.  That does not come along with a big salary.  Don’t get me wrong, we underpay public defenders.  It is because we do not value the liberty of poor people.  But those who do this work do it because of a commitment to our most democratic ideals.  They are hungry for justice.  They turn down higher paying jobs because they believe in what they do. 

They are not only given inadequate salaries, but they are deprived the resources needed to do the job well.  If we truly care about justice for the poor, we will treat public defenders as the most important lawyers in the system – they are.  We would pay them more to keep them from having to leave when they decide to raise families.  We would give them the resources that we would want our own lawyers to have.

WW: Challenging the system sometimes appears to be pointless and hopeless. How do we fight the powers that be?

Rapping: What makes Gideon’s Promise so unique is that not only do we teach public defenders the knowledge and skills they need to be excellent lawyers, but we also give them tools and strategies to resist the pressures to give up.  We give them support and inspiration to sustain their commitment to the work. Fighting an unjust system requires more than skill.  It requires inspiration and support.  That is what the Gideon’s Promise movement gives our public defenders.

WW: How do we start treating people like human beings in the criminal justice system?

Rapping: As I said, we look behind the allegation against them and understand who they are as people.  We understand what brought them into the system and the potential they have if we address those underlying problems.  We ask what we would do for our own children if they faced the same challenges, and we treat them similarly.  It requires wanting to know the person behind the charge.  It requires an advocate to make sure we understand the person behind the charge.  It requires a new breed of public defender.