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Public Defender’s Office takes action to protect defendant’s rights

HUTCHINSON, Kan. — Attorneys from the Regional Public Defender’s Office were in court this morning where they were insisting that Magistrate Judge Cheryl Allen assign suspect’s attorneys right away.

As a policy, the judge has been assigning attorneys to cases only when formal charges are filed, but Sarah McKinnon, who heads the local Public Defender’s Office, noted that charges are supposed to be filed within 72 hours after the arrest. She says this is not being done and violates defendant’s rights.

Judge Allen noted that she normally waits to assign an attorney for defendants because she wants to make sure that the state files formal charges, saying that they can and do decline prosecution for some cases. But, Wednesday for two suspects making a first appearance from the jail on a new arrest, she did agree to assign attorneys right away.

The Public Defenders are also requesting preliminary hearing dates for cases where formal charges have been filed as opposed to placing them on a waiver-status docket. This is apparently an effort to get some cases moving faster.

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