Judge Glenda Smith. Photo provided

Overview:

• Former President Donald Trump claims the justice system is unfair, but Judge Glenda Smith argues that wealthy defendants like Trump actually have an advantage.
• Smith points to underfunded public defender's offices and lack of diversity in juries as contributing factors to an uneven playing field in the legal system.

Dear Editor:

Former President Donald Trump states the justice system is rigged after he was found guilty of 34-counts of fraud. I have been practicing law for 30 years in Indiana and Ohio. I started out practicing Civil Rights in the Federal Litigation Division of the Indiana Attorney General’s Office. I spent 8 years practicing criminal defense in Ohio. 

The application of the justice system to poor people and people of color, regardless of economic status, is unfair. There are many reasons why the justice system is unfair to poor Whites and people of color. Among those reasons is most criminal defendants do not have the money to defend themselves and have to rely on the public defender’s office to represent them. 

Most public defender’s offices are underfunded. Lack of funding creates high caseloads for public defenders, lack of time and money for experts and other tools needed to win a case. Conversely, the prosecutor’s offices are better funded so they have the upper hand. Furthermore, people of color rarely have a jury of their peers. 

There are some people in the legal field working to make the application of the justice system fair. I am one of the attorneys trying to even the playing field regardless of clients’ ability to pay. The United States Supreme Court refused to hear my case regarding the flawed jury selection process in Ohio. Others are working on bail reform to stop the cost of bail from keeping people in jail needlessly.

Former President Donald Trump has plenty of money and hired several attorneys to represent him. Former President Donald Trump had a jury of his peers. The gag orders tried to protect Former President Donald Trump from the negative impact of berating the judge, prosecutors and witnesses. 

I guess former President Donald Trump did not get the memo: when your head is in the lions mouth you take it out slowly. If former President Donald Trump’s trial was influenced negatively, it was a result of his own actions. If the justice system is “rigged,” it is rigged in favor of him and people like Former President Donald Trump.

Judge Glenda Smith

Cincinnati

Editor’s Note: The views expressed in this commentary piece do not necessarily the express the opinions of The Cincinnati Herald.

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