HVD-Young Lawyers and the Indigent

WITH this motto gracing last year's annual report, the Harvard Voluntary Defenders (HVD), founded in 1949 "to render free legal service to indigent persons accused of crime," have now moved into their 22nd year of operation. Although some critics may accuse HVD members of too much Raymond Burr and E. G. Marshall at any early age, the group's activities are generally considered a force for good in the Boston community.

More important to HVD and the Harvard Law School, however, is the experience provided for second-and third-year law students. The organization's program is divided into three main functions:

Interviews-Second-year law students (2L's in HVD jargon) go to Charlestown and Billerica jails and the Youth Service Board Detention Center, where they interview inmates to gather information for the Massachusetts Defenders Committee (MDC). The memoranda prepared from these sessions and the results of any other basic pre-trial investigation are used either by MDC attorneys or third-year law students (3L's), who are allowed in court under proper supervision. Between 700 and 1000 such interviews were conducted last year, according to Robert J. Katz, a second-year law student and recently elected President of HVD.

Research and Appeals-Letters from prisoners around the country come to HVD with fragmentary stories of what has happened to them and asking for help. A student writes up a report of what can be found out about the case and if sufficient merit is found, HVD's faculty advisor, Livingston Hall, Pound Professor of Law, contacts local counsel to whom the briefs and papers can be forwarded. When the research discloses no need to pursue the case, Hall writes the prisoner to inform him of HVD's decision.

"We deal with out-of-state issues at arm's length," says Katz. He gives two reasons for HVD's current desire to pull back to mostly Massachusetts cases. First, when HVD started, it was virtually the only competent group in the country, and thus felt obligated to accept pleas from far away; however, there are now several such organizations. Secondly, students' activities have been broadened in recent years. They are now allowed to argue for a new trial in the Superior Court or a writ of error in the Supreme Judicial Court. Occasionally they are even asked to file for habeas corpus in Federal District Court in Boston. Therefore, the amount of time that HVD members are willing to spend on out-of-state cases has decreased proportionately.

Rule 3:11-This ruling by the Massachusetts Supreme Judicial Court permits third-year law students to appear on behalf of indigent defendants in all District Court criminal actions. This is by far the most interesting and valuable experience that HVD members can gain, since it involves work in actual trial situations. The law requires that students be supervised by a member of the Bar who is employed by a recognized legal aid society or Public Defender. For HVD, this usually means a member of the MDC or the Community Legal Assistance Office (CLAO). But Rule 3:11 does not require the personal attendance in court of the supervising attorney, allowing a student to appear alone at the trial or probable cause hearing.

Katz describes the District Court, where senior HVD members acquire most of their trial experience, as a compromise between a fast trial and a jury trial. District Court cases are usually tried within a week of the defendant's arrest, and if the accused is convicted, he has the right to appeal for a Superior Court trial with a 12-member jury, which usually occurs within the next six to twelve months. District courts can only impose sentences of up to two and a half years, but they can take jurisdiction of cases that are punishable by up to five years in prison.

The cases tried by HVD are selected from two sources. First, from the memoranda of the jail interviews the officers pick out a certain number of cases, and with the agreement of the client and MDC, HVD takes over presentation. Secondly, HVD represents a growing number of people who walk into the office or call seeking help. These clients usually know HVD by reputation or have been represented by the organization before.

PRESIDENT Katz is content with the amount of guidance HVD now operates under: "We don't have any supervising attorneys here-we get them from MDC. We are happy with that situation and I think we do better work for our clients without close supervision," says Katz.

Most of the types of crimes charged against HVD clients last year were those connected with drugs, property, motor vehicles, and violence. HVD dealt with 377 charges last year, 119 of which dealt with possession and sale of drugs, or being in the presence of drugs. Larceny, breaking and entering, stolen goods and other property crimes accounted for 95 of the charges. Charges relating to the registering licensing and larceny of motor vehicles numbered 66, and 51 charges dealt with such violent crimes as assault and battery, robbery, kidnapping and rape.

Table 3 of HVD's 1970-71 annual report shows the disposition of these charges against its clients. It is worth noting that numerous charges were filed against some clients; the total number of clients represented by HVD last year was 200:

TABLE 3

(Disposition of Charges)

Acquittal 22

Dismissed or No Complaint 31

Continued Without a Finding 54

Charges Filed 39

Fine or Restitution 49

Straight Probation 17

Suspended Sentence 60

Jail Sentence 29

Bound Over to Grand Jury 41

TOTAL CHARGES

ADJUDICATED 342

CHARGES AGAINST CLIENTS

REFERRED, ETC. 35

TOTAL CHARGES 377

A final interesting statistic is the location of HVD's District Court appearances. Between April 1, 1970, and March 31, 1971, HVD members appeared on behalf of 176 clients in 38 District courts. Of those appearances 36 were in East Cambridge, 21 in Roxbury, 12 in Dorchester, 11 in Boston Juvenile District Court, and 10 each in Chelsea and Malden.

THE WORK required of HVD members is rarely exciting and often monotonous, but next year's officers expressed general satisfaction with the organization's policy. "You always wonder whether it's worth working your tail off whereas in most cases you'll only cut a guy down from a six-month suspended sentence to a three-month suspended sentence," says Katz. "It's surprising how we always tell them we're students, not attorneys, but maybe it's the name of Harvard and they think we're good, or they've gotten inadequate representation in the past. I've never known a single client to do anything but welcome us with open arms when we go back after an interview to fill out counsel forms."

Norman L. Wilky, a 2L who is the 1971-72 Vice President of Operations; admits that "HVD probably turns off as many people as it turns on about going into criminal law." "But we try hard to take the more interesting cases that have some pedagogical value, and the personal skills you pick up last forever," he says. To Gary L. Stone, also a 2L and the new Assistant Vice President of Operations, HVD is "a very together organization." When asked what he enjoyed most about his work for HVD, Stone commented, "There's an ego-satisfaction in defending the people-a general feeling of doing something worthwhile."

For Professor Hall, HVD's advisor since its birth in 1949 (who will be leaving it at the end of this year), there is no paradox between HVD's activities and Harvard Law School's staid reputation as a training ground for future corporate lawyers. "Where do you think Ralph Nader went to school?" asked Hall.