Craig Haney is Distinguished Professor of Psychology, Director of the Program in Legal Studies, and the UC Presidential Chair, 2015-2018 at the University of California, Santa Cruz. Haney holds Ph.D. and J.D. degrees from Stanford University, and served as one of the principal researchers on the highly publicized “Stanford Prison Experiment” in 1971. He has been studying the psychological effects of living and working in prison environments since then, and many of his analyses of those issues appear in his widely praised book, Reforming Punishment: Psychological Limits to the Pains of Imprisonment, published by the American Psychological Association in 2006, and nominated for a National Book Award.
His work has taken him to numerous maximum security prisons across the United States and in several different countries where he has evaluated conditions of confinement and interviewed prisoners about the mental health and other consequences of incarceration. In the late 1970s, Professor Haney began to study the unique psychological effects of solitary-type confinement and, over the last several decades he has conducted systematic, in-depth assessments of representative samples of literally hundreds of solitary or “supermax” prisoners in a number of different states. Professor Haney has served as an expert witness in several landmark cases addressing the constitutional rights of prisoners, including Toussaint v. McCarthy (1983), Madrid v. Gomez (1995), Coleman v. Gomez (1995), and Ruiz v. Johnson (1999), and Brown v. Plata (2011). In 2012, he was appointed to a National Academy of Sciences Committee studying the causes and consequences of mass incarceration in the United States and also testified at an historic hearing before the U.S. Senate examining the nature and effects of solitary confinement. In 2014, Professor Haney was selected as the University’s Distinguished Faculty Research Lecturer.
Solitary Confinement: Perpetuating and Creating Mental Illness
Across this country over 80,000 individuals are suffering in solitary confinement where they are commonly confined to their cells for at least 23 hours a day. This extreme isolation both perpetuates pre-existing mental illness, and creates new mental illness in those subjected to this punishment. Individuals who experience the horrors of solitary confinement live with the lasting consequences long after they leave that cell. This panel will address the cruelty of solitary confinement, particularly in regard to mental health and the need for systematic reform.
Amy Fettig serves as Senior Staff Counsel for the ACLU’s National Prison Project (NPP). At NPP, she litigates federal class action prison conditions cases. Her practice focuses on claims regarding medical and mental health care in prison, solitary confinement, prison rape and sexual abuse, and comprehensive reform in juvenile facilities. Ms. Fettig is also the director of the ACLU’s nationwide Stop Solitary campaign seeking to end the practice of extreme isolation in our nation’s prisons, jails and juvenile detention centers through public policy reform, state and federal legislation, litigation and public education. A leading authority on women prisoners, Ms. Fettig also works with a wide range of ACLU affiliates on both campaigns to end the shackling of pregnant women and their advocacy strategies around women’s health in prison. A national expert on prisoner rights law, she provides technical legal assistance and strategic counsel to advocacy groups and lawyers around the country and has served as an Adjunct Professor of Law at Georgetown University. Prior to law school, Ms. Fettig worked with women prisoners, ex-prisoners and their families in New York City. She holds a B.A., with distinction, Carleton College; a Master’s from Columbia University, School of International and Public Affairs; and a J.D. from Georgetown University. Ms. Fettig is a member of the New York State Bar (2002) and the Bar for the District of Columbia (2006).
Susan Pollitt was raised in Chapel Hill. She attended Northeastern University School of Law (1984) and started her legal career with the Public Defender's office in Charlotte. She moved back to the Triangle area with her husband, Bill Rowe, in 1987 and worked for NCOSH and then N.C. Prisoner Legal Services (1989-2005). In 2005 she joined the staff of Carolina Legal Assistance (CLA). Since 2007, when Governor Easley designated CLA as our state's P&A, Susan has focused on making the promise of community integration a reality for people in North Carolina and protecting the rights of people with disabilities living in institutions.
CLE Workshop: Ethical Representation of Clients with Mental Health Issues
This ethics session will address the responsibilities of attorneys when representing clients with mental health issues. Topics will include how to ethically work with clients who do not know or appreciate that they have mental health issues, the ethics of client decision-making when a client is competent to proceed but still impacted by mental health issues, and what, if any, ethical responsibilities exist for attorneys to arrange for clients with mental health issues to receive treatment.
Kelley DeAngelus is an Assistant Public Defender in Raleigh, North Carolina where she represents indigent clients charged with felonies at the trial level. Ms. DeAngelus is also a representative for the Wake County Public Defender’s Office on the recently formed Wake County Criminal Justice and Behavioral Health Partnership, a county-wide multidisciplinary group that is currently working towards better methods to divert people with mental health issues away from the criminal justice system. From 2005 until 2011, she was a Staff Attorney at the Center for Death Penalty Litigation (CDPL) in Durham, North Carolina where she represented indigent death-sentenced inmates in North Carolina. Ms. DeAngelus settled in North Carolina after being selected for a two-year capital trial fellowship with the Fair Trial Initiative in Durham, North Carolina. In 2008, she and Maitri “Mike” Klinkosum received the ACLU of North Carolina Award and the Kellie Crabtree Award from the North Carolina Advocates for Justice for their representation and exoneration of Floyd Brown, an innocent client with mental retardation who was wrongfully charged with capital murder and incarcerated in a State mental hospital for 14 years without trial. She received her Bachelor of Arts in Political Science and Music in 2000 from the University of Dayton in Dayton, Ohio. In 2003, she graduated cum laude with a Juris Doctor from the State University of New York at Buffalo Law School, where she was co-Editor-in-Chief of the Buffalo Human Rights Law Review and an International Law Fellow.
Access to Mental Health Treatment
Between 15 to 20 percent of the US prison population lives with some form of mental illness. This panel will address the intense need for services in prisons, access to treatment people with mental illness have in the criminal justice system, as well as opportunities and barriers to accessing treatment, if necessary, once they exit the system.
Paula Sherman, MD, PhD is a Staff Psychiatrist at the North Carolina Correctional Institute for Women. Following a first career in basic research as a biochemist in the pharmaceutical industry, Dr. Sherman completed a medical degree at UNC-Chapel Hill followed by a psychiatry residency at UNC Hospital. Since then, she has worked as a staff psychiatrist in the state hospital system, at a 24-hour community mental health crisis facility, and in the state correctional system.
William Ferguson serves as the Guilford Mental Health Court Coordinator in Greensboro, NC. Mental Health Court is designed to help those individuals diagnosed with a mental illness that have found themselves in the criminal justice system. Prior to that, he was the Substance Abuse Specialist for Guilford County Drug Court in Greensboro, NC. Mr. Ferguson serves on the High Point Jail Ministry Board and the re-entry council for Guilford County. He holds a BA in Psychology from Livingstone College in Salisbury, NC and finishing up a masters degree in Adult Education with a concentration in Community Education at the North Carolina Agricultural and Technical State University.
Ann Oshel has a Masters of Science degree in Marriage and Family Therapy from the University of Kentucky. She has almost 25 years experience working in community based mental health with high risk children, adults and families. She is currently the Chief Community Relations Officer for Alliance Behavioral Healthcare where she oversees community based initiatives such as System of Care, housing, jail diversion, training and education as well as consumer affairs. Previously Ann was the Durham County System of Care Director and the Chief Operating Officer for Easter Seals UCP-ASAP. She was a Clinical Instructor at UNC-Chapel Hill School of Social Work, Jordan Institute for Families and remains an adjunct faculty member. She has authored and co-authored several training curricula including “The Emotional Aspects of Termination of Parental Rights”; “In the Best Interest of the Child: Making Visitation Work” and “Child Development in Families at Risk”. She has presented numerous national and state workshops on post traumatic stress disorder, resiliency and community violence.
The Capacity to Proceed: When a Defendant Can Legally Stand Trial
Mental illness can impact all stages of litigation, including whether a trial can happen at all. Consequently, criminal defense lawyers often must screen their own clients for mental illness. This panel will address what happens when a person with mental illness faces a criminal charge and the legal standard used by clinicians to determine whether a defendant can stand trial. Additionally, we will explore the differences between mental illness and intellectual disability and how those differences can influence a legal proceeding.
Dr. Cindy Cottle is a Clinical Psychologist with a Specialization in Forensic Psychology. She provides forensic consultation services to legal professionals throughout North Carolina. In addition, she offers general psychological services (assessment/therapy) with adults in the triangle area. Her office is located in Raleigh, North Carolina, although she frequently travels to locations throughout the state when consulting on legal cases.
Christine Malumphy is an Assistant Public Defender at the Wake County Public Defender where she has represented indigent clients in district court for the last three and a half years. After graduating University of California, Berkeley, School of Law, she clerked for the Honorable Carlos Lucero in the Tenth Circuit Court of Appeals and then was Court Counsel for the Palau Supreme Court.
Judge Joseph Buckner has been the Chief District Judge for Orange and Chatham Counties since 1996. He was appointed as Chief by former Chief Justice Burley Mitchell. He was first elected district court judge in 1994. Before beginning his service on the bench, he was a partner at the firm of Epting and Hackney in Chapel Hill. He also currently presides over Orange County's Community Resource Court, which seeks to offer treatment options for those struggling with mental illness who get caught in the criminal justice system. Buckner received his undergraduate degree in speech communications from the University of North Carolina at Chapel Hill in 1982 and his J.D. from the University of North Carolina at Chapel Hill School of Law in 1987.
Mental Health in a Capital Case: A Personal Story of Trauma, Illness, Tragedy, and Vindication
Elizabeth Hambourger of the Center for Death Penalty Litigation tells the story of a rural North Carolina woman who faced capital murder charges despite overwhelming evidence of her years of suffering from mental illness and irrefutable evidence that she was experiencing a psychotic episode at the time of the alleged crime. Ms. Hambourger will talk about how she got to know her client and what it was like to work on the case. She will also discuss what went wrong and what went right that eventually led to a verdict of not guilty by reason of insanity.
Elizabeth Hambourger has been a CDPL staff attorney since 2004. She grew up in Raleigh, and received her undergraduate and law degrees from UNC-Chapel Hill. Before coming to CDPL, she was a staff attorney at North Carolina Prisoner Legal Services.