Chief Public defender resigns, leaving behind legacy of system improvement

Published 9:10 am Monday, June 25, 2018

BERRIEN COUNTY — It’s a fundamental right as an American to have access to legal representation in the courtroom, whether that person has the financial means to afford a lawyer or not.

That right for Berrien County residents was protected and preserved by Chief Public Defender Carl Macpherson, who fought to provide a voice in the courtroom to indigent defense clients accused of committing a crime.

Since taking on this role in 2016, Macpherson and his attorneys have represented thousands in the criminal justice system who could not afford counsel. Now, opportunity is calling Macpherson to another part of the country.

Macpherson announced his resignation as Chief Public Defender on June 19. His final of work day will be July 31. County administrators stated in a press release that they would be completing the necessary steps to replace Macpherson.

Macpherson’s resignation follows his acceptance of a job to lead the Metropolitan Public Defender Office in Portland, Oregon. Macpherson, who has worked in Oregon in the past, said his move was influenced by his family’s desire to return to the area. His children will also soon be attending college nearby.

Berrien County Administrator Bill Wolf said Macpherson’s resignation was received with regret.

“While he will be sorely missed, I am happy that he has this professional opportunity and chance to spend more time with his family,” Wolf said.

Macpherson first began working with Berrien County commissioners in 2015, when the county was anticipating changes to state mandated standards for the legal representation of indigent individuals charged with a crime. Macpherson was first hired as an Indigent Defense Administrator. In that role, he studied Berrien County’s indigent defense system so to assess the ways it would need to be altered to comply with state standards. Following his research, Macpherson recommended a “hybrid” program, which would staff both contract and full-time attorneys.

The recommendation led to the formation of the Berrien County Public Defender Office in October 2016.

As chief public defender, Macpherson helped to oversee the nine staffed attorneys and eight contract attorneys. 

His overview of the system helped to implement changes targeted at providing better representation to those in need of indigent defense services. The changes included four primary areas of improvement: increased education for public defense lawyers, ensuring counsel for arraignment, initial client interview and investigation.

“Berrien County was fantastic and very progressive in understanding what the goal of the MDOC was,” Macpherson said. “They understood the changes that were coming.”

Before the new standards were enacted, defendants would not have the opportunity to meet with a lawyer before arraignment and therefore might not understand what is happening.

For clients facing charges, Macpherson said he helps them to establish goals for what they may want to achieve, such as avoiding prison time. He also has three core values that he follows to help him provide the best representation to clients: advise, counsel and advocate.

Macpherson’s employees said his passion for the criminal justice system and the driving force to provide fair representation to all county residents has left a lasting legacy.

Assistant public defenders Brandon Barthelemy and Kaitlin Locke have worked with Macpherson since the indigent defense office opened. Both said Macpherson’s knowledge helped to guide them in their careers.

“Working with Carl has been such a pleasure,” Barthelemy said. “Carl has always been there showing us how to handle cases. He is extremely knowledgeable. He truly cares.”

Locke agreed and said Macpherson’s knowledge helps them to more thoroughly represent their clients.

“He puts his all into everything he does,” Locke said. “I really don’t think you could do this job, if you are not passionate.”

Macpherson said he first found his passion for being a defense attorney when he was still in school.

While studying at the University of Minnesota, where he continued his education after earning a bachelor’s degree at the University of Michigan Macpherson was observing a prosecution clinic. He got the notion that the defendant in the clinic was not being fairly represented.

“I have always had a passion for civil rights and an intolerance for injustice,” Macpherson said. “I felt like the people were not being treated fairly or with civility or justice, so if I didn’t know before that I wanted to be a defense attorney, it became very clear.”

This observation stuck with him and his continued to remind Macpherson, of Chicago, why he has spent more than 18 years representing clients in the criminal justice system from the moment they are charged at arraignment to the judge’s final ruling.

Thanks to Macpherson and his attorneys, those charged with crimes were not alone in navigating the criminal justice system.

“Clients want someone to listen to them and care,” Macpherson said. “If you were in their shoes, you would want someone to listen and let you know that you are on their side.”

There is no doubt that to be a public defender in today’s criminal justice system takes an undeniable amount of courage.

In his years working as a public defender, Macpherson said many clients he represents face problems outside of just their trouble with the law, such as substance abuse, mental health and education.

“People don’t usually commit crimes because they want to,” Macpherson said. “I have compassion for human beings and try to help them as much as possible in their situation. What people forget is that not everyone is guilty. [But] regardless of their guilt or innocence, everyone deserves fair representation.”