FBA Maryland Chapter Cohosts 50th Anniversary Celebration of the Federal Public Defender’s Office
On October 18, 2024, the Maryland Chapter of the FBA cohosted with The Historical Society for the U.S. District Court for the District of Maryland the 50th Anniversary Celebration of the Federal Public Defender’s Office (FPDO) for the District of Maryland. Welcoming and moderating the event was U.S. District Judge James K. Bredar who served as Public Defender from 1992 to 1998. He described the historical making of the FPDO in 1974 following the Criminal Justice Act of 1964.
The program continued with remarks from Baltimore City Orphan’s Court Judge Charles Gerald Bernstein who was the First Public Defender for the District of Maryland. Judge Bernstein described the opening of the office and highlighted several audience members who worked along with him until 1980, including Mike Shatzow, Gerry Glass, Paul Spence, Mike Frisch, Peter Ward, Gerry Richman, John Morris, and Norman Johnson.
U.S. District Judge Paula Xinis, who worked as an attorney in the FPDO from 1998 – 2011, then moderated a panel which discussed the evolution of the office.
Beth Farber, who worked in the office from 1986 – 2006, described how former Public Defender Fred W. Bennett (1980 – 1992) paved the way for women in the FPDO, allowing her to work part-time and later making her the first woman in a role of authority. Additionally, she noted that Bennett was responsible for hiring three women who would later become U.S. District Judges for the District of Maryland. “Being a public defender is the greatest job in the world,” noted Farber.
John Chamble, who worked in the Greenbelt office as Branch Chief from 1994 to 2022, described how the federal sentencing guidelines were an awakening. He also noted how the office grew in terms of diversity, which he largely attributes to Public Defender James Wyda. Describing the office, Chamble stated that there was “collaboration and a collective intelligence energy given in service of clients to provide the best representation that money can’t buy.”
Former Investigator Jennifer Clouse who worked in the Office from 1997 – 2016, spoke about her investigations and how social media changed everything. Investigator Claire Benack, who replaced Clouse in 2016, described how COVID affected her job, how it had a profound affect upon mental health issues, and how she continues to see ramifications of the pandemic.
Misdemeanor Team Lead Carrie Corcoran, who has worked in the Office since 1997, spoke of the Office’s misdemeanor docket, which is higher than those in other districts due to the amount of federal land in Maryland. Corcoran explained how the outcomes of misdemeanor cases, though comparatively less serious than others the FPDO handles, can have enormous consequences on their clients’ lives. Corcoran also highlighted a few of the sillier cases including one that somehow involved mayonnaise packets.
Greenbelt Branch Chief Julie Stelzig, who has worked in the Office since 2007, discussed death penalty work, describing both losses and successes. According to Stelzig, the Office is committed to doing capital work also outside of the District.
Perhaps the most moving part of the program, was the Client Reflections panel moderated by Appellate Team Lead Paresh Patel and Assistant Public Defender Sapna Mirchandani. Patel provided a detailed description of the evolution of sentencing reform and stated that he was proud the Office had played an integral role in “arc towards bending toward justice.” Mirchandani then introduced two former clients who described their interaction with the Office.
Gwendolyn Levi was arrested in 2004 for drug conspiracy when she drove drugs for 15 months of her life. Threatened with a life sentence, she initially agreed to plead guilty and cooperate in exchange for 14 years of imprisonment. Because her son was a co-defendant, however, she changed her decision. Due to her breach of her plea, the prosecutor added a leadership enhancement and sought life imprisonment. Levi was ultimately sentenced to 400 months’ imprisonment. Her counterpart, who did not plead guilty, was convicted, and only served 210 months. In 2019, the FPDO sought retroactive relief and her sentence was reduced. In 2021, the FPDO sought compassionate relief due to her lung cancer diagnosis. When she was healed, however, she her release was denied because she no longer fit the criteria. As she explained, “the Office did not give up” and sought relief under the Coronavirus Aid, Relief, and Economic Security Act (CARES) for her to serve her sentence in home confinement. Her release was again revoked after she attended a computer word-processing class in Baltimore and did not return calls from officials monitoring her. She was sent back to prison for 21 days. The FPDO then sought and obtained compassionate relief, reducing her sentence to time served.
Speaking of her sentencing to 400 months of confinement, Levi recalled observing her mother in the courtroom calculating the number of years and then approaching the prosecutor. She later learned that her mother told the prosecutor that people in her family lived into their 100s and that she would be alive to see her get out. Notably, her mother—now 97 years old—was present during the event on Friday. Speaking of Mirchandani and the FPDO as a whole, Levi stated that she was “forever grateful.”
Kenneth Dixon, a ninth grade drop out from the Bronx, was arrested for heroin and fentanyl distribution and conspiracy and in 1992 given a life sentence pursuant to the sentencing guidelines, leaving three young children at home. Prior to that time, Dixon had never been in prison. Dixon spoke about how the FPDO successfully obtained his release, stating “Thank you for believing in us.”
Their presentation resulted in a standing ovation from all attendees.
U.S. District Judge Deborah L. Boardman, who worked in the FPDO until she was appointed a United States Magistrate Judge in 2019, moderated the final portion of the program, entitled “Reflections from Alumni.”
Alumni Elizabeth Oyer currently serves as the Department of Justice Pardon Attorney. “My perspective as a public defender is invaluable to my work at DOJ,” she explained.
Alumni Premal Dharia is now the Executive Director of the Institute to End Mass Incarceration at Harvard Law School. “The Office has an ethic of client centered which I have carried into my profession,” Dharia stated. “The Office exemplifies how to advocate. We are critical pieces of a much bigger fight, but essential pieces of the system. During the worst moment of someone’s life, there is kindness and compassion to stand next to them and bring them advocacy. It cannot be understated how important that is.”
Alumni Kobie Flowers, who is now a trial lawyer with Brown Goldstein & Levy, echoed Dharia’s comments, noting that “you can’t be client-centered if you can’t take your ego out of it.” According to Flowers, during his time at the FPDO he learned how to be client centered.
Alumni Lucius Outlaw is now an associate professor of law at Howard University School of Law teaching criminal law and justice courses. Outlaw attributed the FPDO’s success to the wealth of institutional knowledge. “There is a tradition that those with seniority have obligation to pass on that knowledge that you can’t find in a book or Westlaw,” said Outlaw. “Now I get to live that tradition and pass that institutional knowledge to the students. Institutional knowledge is more than just attorneys.” Outlaw also opined that criminal justice reform was the civil rights of the current generation.
At the conclusion of the program, U.S. District Judge Bredar noted that missing from the program was Public Defender James Wyda, mainly due to his humbleness. After calling Wyda to the podium to thank him for his 26 years of extraordinary leadership, Wyda received a standing ovation. After a few short remarks by Wyda, the attendees and speakers attended a reception following the program.
