Schenker named chief public defender
WEST CHESTER » Consider the mission of the Chester County Public Defender’s Office as one of “cooperative independence” in seeking the best resolution to a person’s legal and, sometimes, personal problems.
That, at its core, is the message that Nathan Schenker delivered in a recent interview after being named the county’s Chief Public Defender earlier this month — only the second person ever to hold that job since the position and the office were created in the 1970s.
“Independence” in the sense that the legal representation gives to indigent criminal defendants by the attorneys who work for Schenker in the office is given without fear or favor to the other powers in the county’s court and government system.
“It is pretty much universally acknowledged that an independent public defender’s office is critical to providing effective representation,” said Schenker. Attorneys must have faith that the steps they take to secure the best resolution of a case against a client won’t come under attack from forces outside the courtroom, like judges, prosecutors, or county officials.
“My experience in Chester County has been that the commissioners have always supported an independent Public Defender’s Office,” he said.
But “cooperative” in the sense that the goal of the office is not to fight at all costs, never give in, no matter the cost to the client. Rather, when attorneys in the office work together with the other pieces of the puzzle — prosecutors, probation officers, court administrators, and, ultimately, judges and county officials — the criminal justice system begins working the best for the individual clients.
“We have a very good relationship with the commissioners and the other departments with which we regularly interact,” Schenker said. “I think the development of the (county’s) treatment courts created a communication model where we can work together to identify and address problems constructively.
“But, of equal importance, since we are first and foremost advocates for our clients, is that when we disagree we can do so, act within the criminal justice system, but still treat each other with respect and civility,” he said.
Schenker took over the office from his predecessor, John Merrick, on April 2, just as the county was beginning to face the impact of the COVID-19 crisis on the court system. He views the way the county has been able to respond to that, at least from a criminal justice perspective, as the most immediate example of how his office can function both as an independent operator, and as a cog in the justice system wheel that keeps things operating as smoothly as possible.
“I think for now we have to focus on getting on top of this as far as keeping the court system running as smoothly as possible,” he said, sitting a safe 8-feet social distance from his interviewer last week. “We are working very closely with all the other departments, the courts, government departments.
“And I have to say the cooperation in the county has been phenomenal,” he added. “We have reduced the prison population in a matter of weeks from over 750 (inmates) to right around 500. Ninety percent of that has been done by agreements, between us and the District Attorney’s Office, through recommendations from the probation department, and by just keeping on top of schedules, through Court Administration and by the leadership of (President Judge John) Hall.
“We are all trying to get to a common point for a common good,” he said.
Schenker, 67, of Kennett Square, was hired as a trial attorney in the Public Defender’s Office in 1986, and was promoted to First Assistant Public Defender in 2004, effectively taking over the day to day running of the office. He came there after having spent some years in private practice after having graduated from the University of Virginia and the Wythe School of Law at the College of William and Mary in Williamsburg, Va.
He has tried all manner of cases, including death penalty murder cases, and has achieved some success. In later years, Schenker became involved in cases with clients who suffered from mental health issues, which became helpful in his work to establish the county’s treatment courts — Drug Court, Mental Health Court, Veteran’s Court, and programs for defendants with co-dependency and trauma issues.
“Chester County was a leader in the treatment court movement, and I was very lucky to be involved with that early on,” he said. “We have recognized that people in the criminal justice system face more than just legal issues.
“I think what we have done is stopped the revolving door in some areas. When I first started if you had a drug problem or were facing drug charges, there was a pattern of, ‘get arrested, get out, get arrested, get out,’ and so on. Now we’re trying to put more barriers up against that position of getting arrested the second time.
“We want more community support, more treatment, giving people a chance to make it through,” he said.
Asked about his thoughts on taking over the Public Defender’s Office, Schenker was quick to pay tribute to the staff and colleagues he has worked with for more than three decades.
“I’ve been here a long time, so it’s not a new position for me as far as the office goes. It’s a great place to be. We have the best attorneys, the most dedicated attorneys, I’ve ever worked with.