Letter by John Cole Vodicka and Tim Mellen for the Prisons and Jail Project to the State Bar of Georgia complaining about the quality of representation of an attorney.  This complaint resulted in the State Bar of Georgia finding no misconduct by the attorney.  After the complaint was rejected by the State Bar of Georgia the attorney filed a motion in the Georgia Supreme Court asking that the Supreme Court of Georgia hold both John Cole Vodicka and Tim Mellen in contempt of court for violating the confidentiality provision of the State Bar of Georgia Rule 4-221.

 

March 18, 1999

 

State Bar of Georgia

Office of the General Counsel

800 The Hurt Building

50 Hurt Plaza                      RE: J. Allen Grims1ey, Bar No. 312406

Atlanta, GA 30303

 

Dear State Bar of Georgia,

 Thirty-six years ago today, March 18, 1963, the United States Supreme Court issued its landmark decision Gideon v. Wainwright, a ruling which required that persons too poor to afford legal counsel in criminal cases be provided with an attorney to represent their interests. The Supreme Court said that criminal defendants who were not represented by a lawyer were denied a fundamental right guaranteed by the 6th Amendment to the U.S. Constitution.

 Justice Hugo Black wrote in his opinion, "The Constitution requires us to recognize that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him. The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours."

 Unfortunately, when the Supreme Court handed down its Gideon opinion three and one-half decades ago, it did not also set standards for those lawyers who would be appointed to represent indigent criminal defendants. That responsibility has largely been left to national and state bar associations, with some direction coming from lower courts and legislatures.

 As a result, many indigent criminal defendants, even when technically represented by a lawyer appointed to them by the court, are in reality not represented at all. Gideon v. Wainwright might as well not even exist. Indeed, in some Georgia judicial circuits, Gideon appears to have never been taken seriously.

 Such is the case here in Sumter County, Georgia -- and the Southwest Judicial Circuit -- when criminal defendants in Superior, State or Juvenile Court are unlucky enough to have appointed as their lawyer Mr. J. Allen Grimsley. It is Mr. Grimsley who is the subject of this complaint to the Georgia Bar Association. We are asking that you investigate thoroughly Mr. Grimsley's pitiful record of representation of his indigent clients over the past several years. It is our belief that he has not competently, ethically, or honestly represented those many individuals who he has been appointed to represent in this judicial circuit, specifically here in Sumter County.

 The Prison & Jail Project, has, for the past year, conducted its own investigation into J. Allen Grimsley's representation of indigent criminal defendants. We are certain that Mr. Grimsley does not follow the guidelines established by the Georgia Indigent Defense Council which dictate what a lawyer must minimally do to properly represent an indigent client. But moreover, our inquiry also indicates that Mr. Grimlsey may be in violation of several standards the Georgia State Bar Rules and Regulations mandates lawyers must adhere to if they are to remain in good standing with the Bar.

 Mr. Grimsley communicates little -- if at all with many of his court-appointed, indigent clients. If the client is in jail awaiting trial, that defendant is likely to see Mr. Grimsley once, for only a few minutes, before the case comes before a judge. In our discussions with Mr. Grimsley's past and present clients, those one‑time meetings consisted of little more than an introduction and the comment from Grimsley, "Let me see if I can workout a deal with the district attorney." The next time the jailed clients saw Mr. Grimsley was in the courtroom, and again only to spend a few minutes with their lawyer as he attempted to convince them that pleading guilty was in their best interest.

 Similarly, our investigation revealed that court-appointed defendants who were not locked up prior to trial also had a difficult time communicating with Mr. Grimsley. Defendants we interviewed maintained that Grimsley did not usually set up appointments with them, didn't return their phone calls, seldom followed up on leads the defendants gave to him regarding witnesses, alibis, etc. Again, most of these defendants only saw Mr. Grimsley one time before their appointed time in court. In at least one instance, an indigent defendant went eight months without communicating with Mr. Grimsley, this despite the fact that the defendant appeared in court on three separate occasions only to discover that Mr. Grimsley was not present on that day.

 Most disturbing is Mr. Grimsley's "representation" of youthful offenders in Sumter County Juvenile Court. We have documented a half-dozen instances where Mr. Grimsley had no face-to-face contact at all with his young, court-appointed clients until they appeared in juvenile court to be adjudicated!

 Our investigation revealed that Mr. Grimsley seldom comes to court prepared enough to truly advocate on behalf of his indigent clients. Sometimes he appears in court unable to physically recognize his client sitting in the audience or among prisoners. Several times during the course of the Prison & Jail Project's investigation Mr. Grimsley has failed to show up in court at all, occasionally forcing a judge to hold him in contempt and levy against him a small fine. When he is present, it is obvious to even the casual courtroom observer that Mr. Grimsley has not thoroughly investigated his court-appointed cases and more often than not simply--by his inaction--throws his client to the "mercy" of the court. Seldom does Mr. Grimsley offer sentencing alternatives to the judge, nor is he able to discuss his client's personal history with the court. Many times Mr. Grimsley seems to be prosecuting his client and working against his client's best interests when he openly ridicules or belittles the individual he has been appointed to represent! It is obvious that Mr. Grimsley is mostly contemptuous of his impoverished clients and their predicaments.

 Our investigation reveals that Mr. Grimsley apparently does not follow his indigent clients' expressed directives to represent them fully and to the best of his ability. In addition to his failing to properly investigate the cases and interview witnesses, examine evidence, etc., Mr. Grimsley files few motions with the court which could possibly benefit his clients' defense or gain their freedom... We have interviewed a number of Mr. Grimsley's former clients who insist that Grimsley consistently ignored their requests for pre-trial legal assistance and instead continued to push them to plead guilty. Defendants represented by Mr. Grimsley insist that if you are not willing to plead guilty Mr. Grimsley “shuts down” and exhibits an unwillingness to pursue the case further.

 Because J. Allen Grimsley is appointed by the Sumter County Indigent Defense Panel to represent indigent defendants, he is required to submit expense vouchers which detail the amount of time he's spent on each appointed case. We have examined a number of these expense vouchers Mr. Grimsley has submitted to the Indigent Defense Panel clerk, and are not convinced that these vouchers are always accurate. In ten months' time last year, Mr. Grimsley billed Sumter County for more than $20,000 worth of indigent defense legal work. Our examination of the vouchers Mr. Grimsley submitted during this time period indicates that he has, in several instances, possibly billed the county twice for the same case; billed twice for the time involved in making one telephone call; billed the County for representation when the client was in fact being represented by another lawyer; and several other discrepancies. It appears that Mr. Grimsley's vouchers have never been seriously examined or questioned by those responsible for approving the amount of money he claims he's owed by Sumter County.

 The Prison & Jail Project's investigation into J. Allen Grimsley's behavior as an indigent defender in Sumter County certainly raises some troubling questions about his competency as a lawyer and whether or not he provides his appointed clients with effective assistance. Because we understand that the State Bar of Georgia does not investigate "ineffective assistance" claims against lawyers, we are today simultaneously filing a complaint against Mr. Grimsley with the Georgia Indigent Defense Council, which monitors court appointed attorneys and counties' indigent defense systems.

 But we feel strongly that our investigation into Mr. Grimsley's conduct with his court-appointed clients also begs for a State Bar investigation into whether this lawyer has violated specific standards of professional responsibility which would then require the Georgia State Bar to commence disciplinary proceedings against Mr. Grimsley. Specifically, we believe Mr. Grimsley has possibly violated several of the State Bar of Georgia's "Discipline and Standards of Conduct Rule 4‑102(d)": Standard 4, which states that a lawyer "shall not engage in illegal professional conduct involving dishonesty, fraud, deceit, or willful misrepresentation"; Standard 31, which states that "a lawyer shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee"; Standard 33, which states that "a lawyer shall not enter into a business transaction with a client if they have differing interests therein and if the client expects the lawyer to exercise his professional judgment therein for the protection of the client.. "; Standard 43, which states that "a lawyer shall not handle a matter which he knows or should know that he is clearly incompetent to handle without associating with him a lawyer whom he reasonably believes to be competent to handle it"; Standard 44, which states "a lawyer shall not without just cause to the detriment of his client in effect willfully abandon or willfully disregard a legal matter entrusted to him"; Standard 50, which states "in presenting a matter to a court ... a lawyer shall not engage in undignified, discourteous or disruptive conduct which‑ is degrading to the court..."; and Standard 56, which states that "a lawyer shall not suppress any evidence that he or his client has a legal obligation to reveal or produce".

 It is intolerable, we think, in a state which proclaims equal justice under the law as one of its ideals, that anyone should be handicapped because they are poor and wind up being defended by a lawyer who has no intent of representing his indigent clients as is required by the U.S. and Georgia constitutions. We therefore urge the Georgia State Bar to investigate J. Allen Grimsley's behavior and.to take the qppropriate action to ensure that Mr. Grimsley is held accountable for what we feel are violations of the Bar's "Rules of Professional Conduct." Not to investigate Mr. Grimsley's particularly pathetic brand of indigent defense lawyering would send the disturbing message that Gideon no longer stands for the great principle that the poor are entitled to the same type of justice as those who have money and are able to hire a lawyer.

 The Prison & Jail Project believes that every criminal defense lawyer, whether he or she is making $800 an hour or $80 an hour for their work, whether they are representing a corporate boss or a drug-addicted check forger, has a moral and ethical responsibility to represent their client proudly, without resentment at an unfair burden, sure of the support needed to make an adequate defense.

 Attorney at law J. Allen Grimsley does not meet those or many other standards as an indigent defender.

 Thank you very much for your attention to our request.

 

Sincerely,

     S/                                     S/

Tim Mellen                     John Cole Vodicka