I've Got To Be Moving On

Before proceeding, I want to thank all of you who have commented, emailed, phoned or written to congratulate me for the decision in the Waterman case. It is truly humbling.

This is one of the saddest and yet most exciting posts I have written. For the past several months, I have been doing a lot of soul searching regarding my future. I knew when I took this position that it would be for roughly three years, give or take a few months, maybe a year, on either side.

The reason is that this particular position will ultimately burn out whoever has it. I've written in other posts (and I'm too lazy right now to go back through and link to all of them) about what my particular spot requires. I only handle 'A' and 'Unclassified' felonies throughout the State of Alaska. This effectively means that I only do murder, rape and robbery cases. Further, I travel a great deal. On Monday, I might have a sentencing hearing in Bethel and then on Thursday I would have to fly to Sitka to see a client. So while I do not have a great deal of cases, the ones I have require a great deal of work. The work on each case, the distance between cases, and pressure to get them to trial is extremely wearying (is that even a word? I don't know, but it works).

To give an example, I got the hung jury in the Waterman case on 2/14/06. On 2/15/06, I had a trial call for a sexual assault case set to start on 2/21. I had another attorney in my office request a brief continuance, roughly a couple of moths or so, because I had been in trial on two huge murder cases from roughly October through the middle of February. The judge was extremely irritated. He postponed the trial one week (the week I was scheduled to be out of town) and said that my office needed to find someone who could handle the cases.

Brief aside here: why do judges get irritated at the lawyers when there are too many cases? Why do they never get irritated at the troopers or the DAs for filing cases? Why do they never appear in front of the legislature and tell them that every time they create new crimes or drastically increase sentences for crimes or add new DAs or troopers without reciprocal funding for public defenders, the legislature is adding to the backlog to the court? Do they think that I don't know that a case needs to be tried? Do they think I like asking to continue a case because I've been in trial so much I need more time?

Ultimately, the case settled for a very good result, obviating a need for trial. Nonetheless, I wish that such an incidence was uncommon, but it's not. I had a trial set to start Monday, but it was moved to mid-May. So now, I have a serial sex assault case and an infanticide in April and a major murder trial in May. I did have an armed robbery trial in May, but that case was taken away from me yesterday because I announced my resignation from OPA.

That's right, I am now officially a short-timer. I talked with the head of my Agency and he was very understanding. For obvious reasons, he asked me to stay through the end of May/beginning of June to cover those pending trials. And I will be able to take some cases with me when I leave.

I'm heading into private practice, hanging out a shingle. I'm going to be renting space from a friend of mine who has his own office, which should minimize expenses and give me a good head start.

Let me be clear, though, it is not only the schedule that prompts me to this decision. After all, I could have transferred within the Agency. I am choosing to go into private practice because I look forward to the freedom that allows. There are some things I want to do that I simply cannot right now. I would like, for example, to get into federal work, taking CJA cases. I am also interested in doing international work, which I cannot do right now. The Waterman case has provided me unprecedented publicity, which means that this is a good time to make this move. I don't want to imply that I am leaving because of the result in Waterman. Rather, as I've been examining options over the past few months, I expected to stay at least through the last two trials I have done. The result in the Waterman case just makes the decision more fortuitous.

I will keep blawgging. In fact, I will be able to blawg from work once I start my firm. The first few months, that may be all that I do. I am really grateful to have had the opportunity to handle this position. It has taught me a great deal and I would like to think I've handled it well. Others can make that decision. For now, though, I know that I need to be moving on.

Comments

[Curtis]

Congrats on your decision and on all the great work you've done in that position! I hope your private practice thrives and provides all the opportunities you need. It'll be great to hear how things change for you with private practice.

[Melissa]

Congrats on your decision.

[Skelly]

Hooray for you, old man! Best wishes for the next phase.

[joe]

Steve we will miss you, and I still want to know about the Alaska crime lab and DNA data.

[Kevin O'Keefe]

Thanks for sharing your story on the move to private practice. Wish more lawyers would be open in discussions like this. We'd probably have a better reputation.

Good luck on the move and enjoy a few more minutes with the kids.

[LALawyer]

Congratulations and good luck.

[William Pentland]

Hi,

I love your blog and read it often. I'm a Manhattan "big firm" lawyer who feels desperately claustrophobic working on megacases for hyper- aggressive partners. If I were interested in applying for the job you're leaving, would I even be considered? Thanks for your posts. It gives all of big city fools a taste of what the world has to offer.

Best regards,
Bill Pentland

[chesperito]

Good luck with your future endeavors! And enjoy the newfound time with the family.

[Blonde Justice]

Congrats and good luck! Can't wait to hear more about your new endeavors!

[Sanchovilla]

Woohoo! Congrats on your choice and we wish you the very best! I for one am looking forward to your legal blogging life in Private Practice ;)

[Alaskan Law Student]

Best of luck to you in private practice. Are you staying in AK?

[matmaven]

Private practice was the best thing I ever did! Being your own boss and setting your own schedule spoils you for everything else. Make as much(or as little) money as you want, but quality of life is what counts. I am a new reader but enjoy your blog...keep blogging and best of luck from all the way over here on Long Island (NY).

[ACS]

Good luck as a private! You put in your time in public service, that's admirable, and I bet you won't forget what it is like to be a PD. If every talented lawyer did what you did, then we'd have no shortage of quality representation for the indigent.

[Frank]

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