Judy Clarke has been appointed to represent a number of unpopular defendants: Ted Kaczynski (the Unabomber), Susan Smith, Zacarias Moussaoui, Timothy McVeigh, Eric Robert Rudolph. And now she has been appointed to represent Jared Loughner. See Judy Clarke: Loughner's Lawyer Defended the Unabomber - TIMEJan. 12, 2011; Loughner’s Lawyer Is Called a Master Strategist, N.Y. Times, Jan. 10, 2011.
For a very interesting account of the representation of Kaczynski, see Michael Mello, United States v. Kaczynski: Representing the Unabomber, in Legal Ethics Stories (Deborah L. Rhode & David Luban eds., 2006), KF306.A4 L43 2006 at Reference Area.
Saturday, January 15, 2011
Judy Clarke: Loughner's Lawyer Defended the Unabomber - TIME
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Ms. Clarke was actually discussed in another class of mine, Advanced Criminal Procedure, when we were discussing the different ways that states organize and provide for their indigent defense counsel system. I find it interesting that for high-profile cases such as this, appointed defense counsel comes from out-of-state like Ms. Clarke often does. It seems her primary motivation, as mentioned in the NY Times article, is her stance on the death penalty.
What I found most striking was the aftermath of the Susan Smith case (the woman who drowned her children in the mid-90s). After Ms. Clarke successfully prevented Ms. Smith from receiving the death penalty, the South Carolina Legislature passed a law banning out of state public defenders from appointment in future capital cases. One has to wonder if public reaction would be similar in Arizona if she is able to assist Mr. Loughner in avoiding the death penalty (if he is found guilty), and whether such representation is actually harming Ms. Clarke's opposition to the death penalty.
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