Charlie Dresow sat down with MCBA member Mary Stearns, the director of Alternate Defenders, Inc., to learn more about her, what life is like as ADI’s director and a little about ADI itself.

Tell us about yourself.

I graduated from USF Law School in 1988. I worked for several years with private criminal defense firms and public defenders’ offices in San Francisco and Contra Costa County. I have performed trial work in five Bay Area counties, including second chair in a death penalty trial and have assisted in death penalty appeals. Since the mid-1990s, I have worked as a solo criminal defense attorney in San Francisco and San Rafael. In approximately 2006, I took on a one-quarter-time position at Alternate Defenders Incorporated. ADI is a non-profit entity that provides criminal defense attorneys for indigents when a legal conflict disqualifies the Public Defender’s office from handling their cases. In 2016, I became the director for ADI. In this role I manage our panel of attorneys and have contact with Marin County public defenders and district attorneys (management and line deputies), judges, clerks, sheriffs who run the jail, the Court Executive Officer, Marin County Budget Analysts, Marin County Jail Mental Health, directors of other conflict offices and public defenders in other counties.

What Does a Typical Day on the Job Look Like?

There are always phone calls from defendants and ADI attorneys - with a variety of issues to discuss. After one of these calls, I often need to meet or contact prosecutors, public defenders and/or judges to consider changing courtroom procedures or appointment procedures. The main purpose of ADI is to supply attorneys for criminal cases. Oftentimes, we need to have an attorney in court on a half-day or one-day notice from either a court clerk or a public defender. Occasionally there is a case where all ADI attorneys are either unavailable or have a conflict so I have to contact attorneys and conflict offices outside of Marin County to locate an attorney. This can be time consuming and somewhat challenging. I also spend a significant amount of my time setting up MCLE seminars – I contact the speaker, make the flyer, invite criminal defense attorneys in the Bay Area. In order to make sure ADI is keeping up with best practices, I meet with other conflict office directors to discuss current developments in indigent defense and conflict panel management. I also review bills submitted by attorneys and experts in murder cases. Sometimes, the legislature imposes new laws and we have to respond and protect the rights of defendants. Finally, I also prepare monthly reports for our Board of Directors and communicate with our Peer Review Committee.

How Does ADI Operate?

As noted, ADI’s main purpose is to provide attorneys for indigent criminal clients when the public defender has a conflict. ADI also provides attorneys in writs of habeas corpus and misdemeanor appeals. The public defender or court contacts ADI and then we contact independent attorneys who have the appropriate experience required for the case. ADI has approximately 30 attorneys on our panel and we get from 35 to 75 new cases per month. ADI has expanded services and now provides attorneys for L.P.S. (mental health) cases and Penal Code 1473.7 motions (a new immigration law). We provide MCLE classes for our attorneys and have a Peer Review Committee that reviews new applicants and handles any issues related to the competency of our attorneys. The Peer Review committee is made up of highly experienced criminal defense attorneys and a retired judge. The committee members play a significant role in setting our standards and making sure ADI attorneys are providing the highest possible level of indigent defense.

Do You Participate in the Cases Themselves?

I have tried over 30 trials in a variety of counties and jurisdictions from misdemeanor DUI's to murders but I do not handle any of ADI’s cases myself. Although I am not a supervisor and the ADI attorneys are not employees, I am available to discuss legal strategy on their cases. I can also connect younger attorneys on our panel with more experienced attorneys for advice and mentorship.

Tell Us More About ADI’s Educational Programs.

I organize ADI’s MCLE programs. We provide free MCLE seminars to criminal defense attorneys, and at times, provide seminars for others in the criminal justice system, including probation officers and judges. We have had seminars on criminal discovery, new laws, immigration, bail law, forensics, substance abuse, basic defense practice, jury selection, cross-examination, juvenile sexual offenders, misdemeanor trial practice, and emerging issues in criminal defense. We are pleased to offer these classes free of charge and they are open to attorneys from other counties.