In nothing else, Lehigh County Chief Public Defender Kimberly Makoul is the Clarence Darrow of droopy pants. I'm sure many of you followed her stirring, though unsuccessful, defense of Adam "Droopy Drawers" Dennis. He was fined $50 yesterday by District Judge Wayne Maura, for failing to keep his pants up. He thought Dennis was being disrespectful.
There is no record of the case against Dennis at Pa. Docket Sheets. I'm unsure whether he was even charged criminally, although that appears likely. A few years ago, the rules of criminal procedure were revised to allow District Judges to impose fines and even 30 days of jail time for contempt.
I'll refrain for now from weighing in on whether there's a constitutional right to wear droopy drawers to court. But I do question whether the Chief Public Defender of Lehigh County should get her own underwear in a knot over this matter.
One of the most common complaints I hear about public defenders is that defendants languish in jail, often on matters that could be quickly resolved, before ever getting to see one. Also, I've never heard of a public defender's office providing representation on a summary offense, if the contempt charge against Dennis is in fact a criminal charge.
According to The Lehigh County Public Defender webpage, "We represent eligible individuals in all misdemeanors and felonies, excluding first offense Driving Under the Influence charges." (emphasis added). So why is Makoul representing someone on what is at most a summary offense? It would seem that, under her own department's guidelines, Makoul should have recommended that Dennis seek private counsel.
I believe the ACLU or some private attorney would gladly do this pro bono. But I believe the involvement of the Public Defender's office took it away from its core mission.
As for me, I bought a new pair of dress pants and a dress shirt tomorrow. I'm scheduled to cover a naturalization ceremony, and don't want to be hauled off.
