After more than three decades at the Shelby County Public Defender's Office, Phyllis Aluko has witnessed significant changes in the criminal justice system, both structurally and culturally. Having served as the Chief Public Defender for the past seven years, Aluko joins host Eric Barnes and Daily Memphian reporter Bill Dries on this week's episode of WKNO/Channel 10's "Behind the Headlines." They discuss the evolution of the office and the challenges it currently faces.
When asked what had changed most during her time in the office, Aluko said the answer wasn't simple. "That's a very difficult question to answer," she said. "A lot of things have changed."
One of the most significant changes she noticed is case management. Early in her career, the office primarily used a horizontal representation system, where different attorneys would handle the same case at various stages of the court process. She explained that, in addition to having a new attorney involved at different stages, cases often had to be restarted with new investigations and motions.
Currently, the office uses a vertical representation model, where one attorney manages a case from beginning to end. According to Aluko, this change promotes continuity and efficiency for both clients and attorneys.
The Shelby County Public Defender's Office has experienced significant growth. Aluko stated that the office now employs between 81 and 83 attorneys and handles over 20,000 cases annually. However, attorneys' workloads can vary widely based on the type of case they manage. For example, attorneys who handle first-degree murder cases can take far fewer cases compared to those working on misdemeanor dockets.
The widespread use of surveillance footage, body cameras, and cellphone videos has brought both clarity and complexity to legal cases. As Aluko pointed out, “Due process is a process. There’s a story behind everything, every occurrence.” While video evidence can either support or undermine a defense, it also requires considerable time and resources for review and storage.
She explained that this reality highlights how the office defines its work, emphasizing that it's not solely about winning cases. “We count our wins differently,” she said. “If we have made certain that the system did not railroad our client… then we believe that we have helped to strengthen due process in our system.”
Aluko also discussed the long history of the Shelby County Public Defender's Office. Founded in 1917, the Shelby County Public Defender's Office is one of the oldest in the nation, predating both Miranda rights and the Supreme Court's Gideon v. Wainwright decision guaranteeing the right to counsel. "We're really proud of the fact that Shelby County citizens saw the need to have a public defender's office before the rest of the country did," Aluko said.
Looking ahead, Aluko pointed to treatment courts as an area where the system shows promise by focusing on rehabilitation rather than punishment. "I don't recognize any throwaway people," she said. "If we can possibly return [someone] to society who will be a positive impact… I think that's a valid goal of the system."
At the same time, she warned that ongoing problems at the Shelby County Jail—including overcrowding and prolonged intake delays—can pressure people in custody to plead to charges simply to escape inhumane conditions, even in cases her office believes could be won. "I think the problems at the jail drive what my concern is, maybe people who are not getting due process in the court system."
