The White House: The Pericles Administration

[The world will shine with light in our nightmare]

Mr. President, two bills have passed the Congress and await your signature or veto:

A BILL
To incentivize Regions to adopt limits on the number of cases a public defender may be assigned in any given year

Be it enacted by the Senate and the House of Representatives, in Congress assembled:

Section 1. Title

This legislation may be cited as the Federal Caseload Relief Act.

Section 2. Justification

1. In Gideon v. Wainwright 372 U.S. 335 (1963), the Supreme Court held that the 6th Amendment Right to Counsel required States/Regions to assign defense attorneys to defendants charged with serious offenses and who could not afford counsel. This constitutional holding was subsequently extended to require States/Regions to provide counsel to cases where criminal conviction could lead to imprisonment.  In Gideon, the Court held that the assignment of counsel was essential to a fair trial and a constitutional right of the accused which States/Regions can not abridge.

2. Public defense systems are critically underfunded, and therefore the case workload can be overwhelming even under the most ideal circumstances.  Most public defense offices do not have paralegals, law clerks, or full-time investigators.  Therefore, lawyers are expected to do all the work that is necessary to provide a reasonably effective defense for their clients, as required by the Constitution and affirmed by the Supreme Court.

3. A 2017 study conducted by Postlethwaite & Netterville, in conjunction with the Atlasian Bar Association, concluded that the Louisiana public defense system is currently deficient 1,406 FTE [full-time equivalent] attorneys.  Based on the results of the study and analysis presented therein, "the Louisiana public defense system currently only has capacity to handle 21 percent" of the case workload.

4a. "In 2009, the New York State Legislature passed and Governor Patterson signed into law 'case caps' for public defenders in New York City.  Through the Office of Court Administration, the Legislature supplemented NYC's indigent defense budget to effectuate an Appellate Division Rule which limited annual criminal defense attorney caseloads to 400 misdemeanors or 150 felonies, with felonies counted as 2.66 misdemeanors in mixed caseloads." [Source: nysenate.gov]

4b. "In 2015, The Center for Court Innovation released a report titled 'An Analysis of Mandatory Case Caps and Attorney Workloads', concluding that mandatory cases caps substantially improved the quality of representation in Kings County." [Source: nysenate.gov]

Section 3. Federal-Regional Strategy For Caseload Relief

1. Regions shall be authorized to develop and implement a written plan that establishes numerical caseload/workload standards for each provider of constitutionally mandated publicly funded representation in criminal cases for people who are unable to afford counsel, provided that annual individual numerical caseload/workload standards may not exceed 367 misdemeanors or 138 felonies, with each felony counting as two and sixty-six hundredths misdemeanors in mixed caseloads.

2. The Department of Justice will reimburse Regions for the costs of implementing these plans, subject to approval of the plans by its budgetary division.

People's Regional Senate
Passed 6-0 in the Atlasian Senate Assembled,

House of Representatives
Passed the House of Representatives 5-1-0-3

Deputy president pro tempore

Assuring Nonviolent Treatment by Interfering with Fascist Authorities Act

HOUSE BILL

Be it resolved in the Atlasian Congress Assembled,

SECTION 1. TITLE

1. This Act may be cited as the "Assuring Nonviolent Treatment by Interfering with Fascist Authorities Act”, or, alternatively, the "ANTIFA Act".

SECTION 2. PROTECTING FREE SPEECH RIGHTS

1. Regions and localities may not require permits or fees for protests occurring in public spaces, as the right to freely assemble is protected by the Constitution of Atlasia.
2. Therefore, people may freely assemble in any public place for any reason.
3. Police may only interfere with protests or arrest protesters if it can be reasonably determined that the protesters in question committed violent acts.
4. Mass arrests of non violent protesters due to violent actions of one or more in the group are prohibited.
5. Police may not use tear gas, pepper spray, or similar substances in attempts to contain protests, unless the protests become violent.
6. Police may not fire rubber bullets in attempts to contain protests, unless the protests become violent.
7. While protesters may request police protection, police may not block protesters from going to certain areas, unless protestors are blocking access to hospitals, medical centers, police stations, and court houses.
8. Colleges and universities may not block protests or assemblies from taking place on their campus, or punish students for protesting or otherwise exercising their rights to free speech on campus.
9. Employees, including teachers, may not be fired or otherwise punished for participating in strikes or pickets.

SECTION 3. SPECIAL CIRCUMSTANCES
1. No special penalties may be applied for vandalism or other crimes occurring near oil or natural gas pipelines, drills, or equipment.
2. No criminal penalties may be applied for planning or engaging in protests designed to block construction of oil or natural gas pipelines, buildings, or other man-made structures, or to block demolition of said structures, or to block roadways or waterways.
3. No special penalties may be applied for crimes committed while wearing a disguise, including a mask or other facial covering.
4. Protesters may not be held liable for costs of police response to protests.

House of Representatives:
Passed the House of Representatives 5-0-3-1
X YE
People's Regional Senate
Passed 4-2 in the Atlasian Senate Assembled,

Deputy president pro tempore