The general consensus is that the House Managers did a very effective job of arguing their position on Day 1 of Impeachment 2, where the Senate unsurprisingly voted that it was constitutional to proceed with the impeachment trial. The only surprise was that there was one more Republican vote to proceed than anticipated.
Similarly, the general consensus is that Trump’z last minute replacement defense team, consisting of Bruce Castor and David Schoen were awful, the former rambling and pointless, the latter angry and flagrant. There was nothing new said, provided Castor’s “admission” that Trump lost the election despite Trump pretending otherwise. This wasn’t exactly an epiphany to anyone but Trump, who reportedly was not pleased with his representation.
As is the wont of political comedians, this gave rise to a joke by Jon Stewart.
And is the wont of public defenders, this gave rise to a shitstorm of outrage, reflected in the replies to Stewart and a flurry of quote twits. For the past few years, following the years of public defenders admitting that they were so grossly understaffed and underfunded that they could not provide effective assistance of counsel, and were in fact failing miserably to fulfill their duty under Gideon to defend the indigent, there has been a concerted push to reinvent public defenders as not just the purest of defense but the most skilled, most dedicated, best of breed.
And then came Stewart, bringing up the old trope of public pretenders. Are they even lawyers?
Like most pyramidal organizations, most public defenders are new lawyers, the least experienced in the courthouse. Some will go on to become great lawyers. Some will not. The issue isn’t whether they work hard, which has nothing to do with competence, and for the most part, few of them know how hard anyone else works since they lack any experience doing anything else, so their claims of effort, if not effectiveness, don’t amount to much.
But there are great lawyers who are public defenders. And, as with any group of lawyers, there are shitty lawyers as well. Some will get better. Some will go on to do door law. Some will become judges. Some will become baristas.
The gravamen of this outrage is that public defenders have long been fighting for respect, and with one off-the-cuff quip, no less an icon of wokiosity than Jon Stewart has undermined the aggregation of fierce warriors for the downtrodden fighting for hegemony.
It’s completely understandable why the PDs, and their friends, went ballistic. They believe their story, and they believe that anyone who isn’t evil must back their story up. Any word to the contrary is an attack on public defenders, and no attack on public defenders can be allowed to stand.
But it was a joke. Granted, not a good joke, and (here’s the part where you might be surprised but you shouldn’t be) a joke that came needlessly at the expense of public defenders. You see, they deserve respect for being lawyers, for doing the dirty work of defending the indigent, for working on disgraceful conditions of outrageously high caseloads and receiving inadequate pay. They deserve respect for doing a job that is critical to the functioning of the legal system under conditions no one should have to endure.
And many are excellent lawyers. I know public defenders who are great lawyers. I know great lawyers who were public defenders. I know public defenders who will, with some experience, become great lawyers. Some are not and never will be. Like all lawyers.
Had I been sitting across the desk from Jon Stewart on a cable TV comedy news show and he made that joke to me, I might have responded, “Are you kidding? Even the shittiest PD would have done a lot better than those goofballs.” No sanctimony. No scolding. A joke begets a joke in response.
On the twitters, there is a cohort of angry and self-righteous public defenders who will gather their tribe to defend their honor and swarm on anyone they perceive to be attacking them. By attacking, I mean anything less than adoration and gushing praise. They tell their stories to each other, always the hero or the victim, and they can’t hit the “love” button hard enough, addicted to the validation that comes from living in a world where never is heard a discouraging word.
But outside of their bubble, will the world come to appreciate the efforts of public defenders because they swarm and shriek at anyone who isn’t sufficiently obsequious? If they were half as good as they want to believe they are, they could take a joke and laugh it off. That they lost their minds over Jon Stewart’s quip calls Queen Gertrude’s reply to mind.
No one gets respect because you demand it. You get respect because you earn it. And if you’ve earned it, you can laugh at yourself without being outraged that someone, particularly someone as sympathetic to your cause as Jon Stewart, made a joke about your kind. And if you don’t realize that there are shitty public defenders just as there are great public defenders, then you might want to come to grips with reality. Getting a job as a PD does not make you a star or a hero. It’s what you do with that job that matters.
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Howl,
Well played.
Hal. Do we do tummy rubs here? DO WE?!?
I always figured that PD’s were the people that could not get jobs doing other types of law and wanted to put the degree to work in some way. Of course this was a stereotype. Part of this was because I happened to attend The Antonin Scalia Law School. Mostly we learned about law and economics, and commercial paper….Very useful!
The same joke can be made about just about any profession I suppose. The whole joke about professors: “Those who can do, those who cannot teach” is along the same line. That really gets under the skin of professors.
Probably missing the point, but damn my generation raised some whiny babies.
What I’m told by friends who run or supervise PD offices is that they are now “hot” places to work and get their pick of the litter from top schools. Some of the new PDs think of themselves as public interest lawyers rather than criminal defense lawyers, serving a cause rather than a client. Most believe today that they are doing god’s work, provided their god is social justice.
All of that may be true or not, but they’re still baby lawyers with much to learn, and as with all professions, some will turn out to be great and some will suck, no matter what their mommies, prawfs or twitter followers tell them.
Poor babies.
How are they going to handle a mean assed boss that yells at them? Go to a safe space?
So anyway, welcome to the real world.
The bad news is that in city PD offices, their bosses are scared shitless of them. They ignore their supervisors who try to tell them that they aren’t quite Clarence Darrow yet (I hear all the time from senior PDs that the n00bs refuse to take instruction; they know it all), will grieve them, complain of harassment, go after them for hostile work environment, and their seniors are either on board or scared shitless of them.
On the other hand, when judges give them a spanking, it only proves that judges are stupid and evil, not that they’ve got a lot to learn.
So they would never make it in the military, on a construction site, or in any of the manual trades.
Got it.
I wouldn’t be too sure about the military, and I wonder whether the trades will change them or they will change the trades.
You’re right about the military, especially since they intend to root out extremists, but that’s a different subject.
As for the trades, I don’t think they will change. There are too many first and second generation immigrants in them and they don’t have the wokeness beat into them yet.
Shrug.
When the mean boss yells at them, they go to HR and complain that the boss was being mean and sexist and then the boss gets to learn how to speak to millennials in calm, soothing, positive ways and also never uses the word chicks to describe anyone or ANYTHING ever again.
Now that Trump is out of office and posted off social media, even the wokiest of stand-up philosophers will have to cast a wider net for material. Sometimes, that will mean they may now offend people other than Trump supporters, but that is just a step back to the old normal.
But this was a Trump joke. Didn’t you get it?
It’s been a hallmark of Twitter that almost no one has a sense of humor about themselves (except for yourself and Katie Herzog) . I’ve always felt that the ability to understand and take a joke was a sign of intelligence and tolerance so it’s not a surprise to see it in such short supply on Twitter.
Katie is one of my favorite people, fearless and funnier than hell.
Jesus, Einstein and Frankenstein’s monster walk in a bar. Jesus has a bucket of water; Einstein a dead mule. . .
Washington, Churchill and Bob go to a pet store. Bob is missing 6 fingers. . . .
It’s a joke, and not a horrible one. Lawyer jokes are subject of whole books and websites. Are PDs exempted because they “deserve” respect? That’s something given, not deserved, and lawyers only get respect from other lawyers. So what?
Lighten up! Grow up! It will solve that problem of a severely twisted colon tightassery.
What do you call 1000 lawyers at the bottom of the ocean?
Bar meeting. We do it all the time in the Swamp.
Bottom-feeders?
A good start?
A class action conference?
Scuba-liars?
I can’t even with some of these comments in response to this critique of the complaints about Stewart’s joke. (If I remember correctly from the movie “Inception” the next level of this is Outrage Limbo, so go after me at your peril.)
What is the average speed limit for a road sign stating “Lawyer Xing”?
Trick question. There is no speed limit.
What’s the difference between roadkill lawyer and roadkill snake?
Skid marks before the snake.