Statement of the New York State Defenders Association Board of Directors

ALBANY, NY (02/03/2015)(readMedia)-- Police and civilians alike must deal with hypervigilance stemming from a current wave of cascading tragedies. Violent encounters between police and people on the street – particularly black men – seem to make news every day. They fill social media and mainstream media newsfeeds. And they propel demands by some to choose sides and wreak vengeance.

We must resist that call.

Rooted in racial divisions dating back to slavery and fed by punitive societal attitudes and government policies, today's crisis offers danger and opportunity. Hardening attitudes based on stereotypes – of black men, of poor communities, of police – could increase the killing by those who feel they have no other choice. Officers who believe their only choices in a confrontation are to shoot first or risk dying will shoot. Communities filled with people who believe that racist police are out to kill their children will not aid the police, widening the divide. Opportunists will recruit despairing individuals – both on and off the police force – into violence to further an agenda.

We must help others resist that call.

Instead, we must listen carefully to the stories behind the headlines, and feel the humanness in each one. Those of us who only read news about this issue, or see it on the screens of our electronic media devices without living it, should approach every story with compassion, not rage. With empathy for, not exploitation of, the human emotions underlying the story. And with a desire to learn the full story rather than assuming that only the parts that match our preexisting assumptions are true.

That's the approach needed as to the recent uproar over The Bronx Defenders' participation in a video protesting police killings in New York City and Ferguson, Missouri. The response to that video, fueled by interest groups like the New York City Patrolmen's Benevolent Association (PBA) and the tabloids, has become a frontal attack on The Bronx Defenders, a renowned non-profit that offers holistic legal services to over 35,000 poor people a year.

Calls for defunding The Bronx Defenders and for punitive measures against those who participated in the video or approved that participation have neglected to address fundamental issues at stake. Those issues include the need for public defense providers to identify and address concerns of clients and client communities that affect their clients' legal matters and well-being – part of the holistic representation that the New York State Defenders Association endorses. Another issue is the need for the defense function to be independent of the Executive (prosecution) function. And a third is the need for the society at large, which includes public defense lawyers, to acknowledge the pain, grief, and resulting outrage over police brutality that is overwhelming poor communities of color.

The New York State Defenders Association supports the holistic work of The Bronx Defenders. We encourage public defense lawyers, like those featured in the video comforting a grieving mother, to comfort clients and their families when they are in pain. We encourage police to comfort those they serve as well. Like The Bronx Defenders, NYSDA condemns the use of violence against the police. Like The Bronx Defenders, we are "committed to preserving life, dignity and respect for all people." We will continue to work toward a day when respect between members of law enforcement and members of the public is mutual and the dignity of all is recognized, which will preserve both police and civilian lives and ensure justice for all.

January 30, 2015

New York, NY