Merced Sun-Star

Monday, Feb. 06, 2012

Merced County public defender ensures legal representation for all

vpatton@mercedsunstar.com

The Greek sage Aesop once opined, "Every truth has two sides; it is as well to look at both, before we commit ourselves to either."

For the past seven years, Eric Dumars has built a career in the Merced County public defender's office, carefully scrutinizing the flip side of every file that lands on his desk. Whether his client is accused of misdemeanor DUI or felony murder, Dumars always keeps an open mind, never makes assumptions -- and remembers that everyone is innocent until proven guilty.

"And it's very important that someone in that situation has someone to look out for mistakes (in law enforcement)," Dumars said. "There's lots of cases where innocent people, or people who have not done a crime, are convicted of that crime."

It's a work ethic the 39-year-old Mercedian said he'll continue to embrace, as he takes on one of the most important leadership roles in the local court system. Dumars was recently promoted as Merced County's interim public defender, following the retirement of Michael Pro from the position in late December.

After a selection process and interview, Dumars, who is fluent in Spanish, was appointed to the position by Merced County Chief Executive Officer Jim Brown, and the Board of Supervisors confirmed the choice.

Dumars, who has served in 21 trials during his career, leads an office of 14 attorneys, representing clients who don't have the financial ability to afford their own attorney. And the workload for the job isn't easy. Each of the felony attorneys in the public defender's office handles an average of 180 cases a year, while misdemeanor attorneys handle triple that amount.

Public perception

Perhaps the toughest part of the job, however, is defending people accused of horrendous crimes, such as murder and rape. Dumars is keenly aware of the perception much of the public has of criminal defense attorneys -- that they defend bad people. Dumars said that perception and public opinion don't sway him from providing the best defense for every client, regardless of the crime. "Everyone has the right to counsel," Dumars said. "It separates us from (places like) Saudi Arabia and China -- that we have due process."

Dumars also said he "works really hard not to judge people."

Regardless of the long hours and stress that come with the public defender's job, Dumars said he's driven by the fact that many of the people he represents come from dire, difficult socio-economic circumstances.

Then again, helping people in tough circumstances isn't new to Dumars. After his undergraduate years at UC Santa Cruz, he served for two years as a Peace Corps volunteer in Honduras, working in the town of Guarita, which is near the border of El Salvador. There, he built and maintained clean water and sanitation systems. He also taught basketball to schoolchildren (and used to be able to slam dunk).

After graduating from University of Denver College of Law, he worked for five years as an pro bono immigration attorney for the San Francisco Committee for Civil Rights, representing applicants for asylum from Nepal and Guatemala.

Not first choice

Dumars said he actually didn't plan on becoming a public defender, but went to law school after college because he scored exceptionally well on an entrance exam and was awarded a scholarship. "I thought about the Foreign Service, but to tell you the truth I didn't know what I was going to do," he said.

However, he wanted to work in a profession that reflected his empathy for people. And working in the Merced County Public Defender's office ended up being the right fit. "I can work for people who aren't at the top of the social structure, rather they are at the bottom," Dumars said. "I've developed an ethic and a calling to serve underserved people."

Dumars was hired as a deputy public defender under then-Merced County Public Defender Wayne Eisenhart in August 2005. Dumars was promoted to chief deputy public defender by Pro in February 2009.

Of the cases Dumars handled that stand out the most in his memory, he cited that of Angel Medina. Medina and his brother Anselmo Medina were accused of fatally stabbing 18-year-old Johnny Sanchez before midnight on Sept. 13, 2009.

Dumars, who defended Angel Medina with attorney Mishya Rimpel Singh, was convinced the stabbing was in self-defense. Dumars said he and Singh fought hard for their client, and the murder charges were dismissed as part of a plea agreement. Angel Medina and his brother pleaded no contest to reduced charges and were released from custody. Dumars said he was thankful the district attorney's office worked with him to reach a fair resolution in that case.

Capable attorney

Merced County District Attorney Larry Morse II said he's confident Dumars will perform the job well. Morse said he also plans to have monthly meetings with Dumars and Presiding Judge Brian McCabe, a tradition he started with Pro in 2008. "I think Eric's a very capable attorney and very much dedicated to the clients that he serves," Morse said. "He's always had ethics and integrity."

Pro, 62, worked for 32 years in the Merced County public defender's office and has moved to northeast Florida since retiring. He said Dumars will go far in the job, saying he "thinks very highly of him" and his abilities. "Eric will do a great job. When he applied for a job with the Public Defender's Office, I was one of the people who interviewed him, and recommended that he be hired," Pro wrote in an email.

When asked why he decided to retire, Pro cited his age, saying, "It just felt like the time had come." Still, Pro admitted he'll miss the job. "I am proud of the staff we have had at the Public Defender's Office over the last 32 years. I am continually amazed at the high quality of the attorneys we have been able to attract to Merced," he wrote. "Being the underdog is somewhat of a thankless job, but the fact that nearly everyone is rooting against us only serves to draw us closer, and to help and support each other."

Brown said county officials aren't recruiting for a permanent public defender position. "However, we are currently evaluating when to open up that recruitment." Brown said.

In any case, Dumars said he plans to apply for the permanent position once the recruiting process begins. "When I first came to Merced, I didn't think I would be here for the long term," Dumars said. "But I really enjoy this work and I really enjoy working in this community."

Pro was appointed to the role in 2008, while Eisenhart was hired in 1990 after the departure of Public Defender John Ellery. Ellery was the first lead attorney in the Merced County public defender's office, which was founded in 1964.

Dumars receives an annual salary of $144,914, according to the county's human resources department.

Managing Editor Victor A. Patton can be reached at (209) 385-2431 or vpatton@mercedsun-star.com.

EDITOR'S NOTE: 'Merced Matters' appears every Monday. In it we will tell the stories of Mercedians -- ordinary people doing extraordinary things, extraordinary people doing ordinary things and a lot in between. We hope you like our effort to let you know more about others in our community, and we welcome your suggestions. Please contact Mike Tharp at mtharp@mercedsunstar.com or (209) 385-2456 with your ideas for 'Merced Matters.'



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