Benjamin Fischberg: Ace Attorney

Surprise!  It’s only been a week since my last blog post, but I’ve got an exciting new update: after seven months of waiting through budget disputes and contract finalization, I’m finally a full-time working member of the Marion County Association of Defenders!

I got the news some time ago, but I wanted to be certain there would no last-minute snags before celebrating.  Last week (Friday on July 10, to be exact), I made my debut doing arraignments at the Marion County Jail annex court.

That building sure looks familiar...

Like that fateful arraignment day 12 years ago, I headed down to the jail’s annex.  The basic procedure was the same as it previously was (see https://benfintillamook.blogspot.com/2025/06/fischberg-flashback-34-arraign-train.html for more details), but things have changed in a few places.  First, it was actually me driving to jail and sitting on the participating part of the bar, which feels quite elating.  Second, I wasn’t the greenest person there; it turns out there was a certified law student making their courtroom debut.  Realizing that I was officially more experienced than at least one person there felt empowering, as it shows just how far I’ve come in seven years practice (even if it doesn’t always feel like I’m that experienced).  Finally, before the 9am arraignment docket began, the court showed a video explaining the arraignment procedure and what to do and not do (in both English and Spanish, no less).  Not only did this seem like a great idea that should have been adopted more universally, but it also probably contributed to the fact that no one tried to argue their case during their arraignment.  I wondered if arraignments here would look different after all these years, and it turns out the answer is that usual lawyer’s answer: “it depends.”

But I know what you’re really thinking (given that you’re reading this): how did I do at arraignments this time?  The answer: perfect!...ly fine.  It turned out to be more of a whisper than a bang.  The procedure was an Attorney of the Day structure, like in municipal court; I was set to receive any minor felony* defendants being arraigned that day, be they in or out of custody.  Since I was given printed out copies of the 9:00 and 2:30 dockets, I could see what I could expect to receive.  The day started with a last-second 8:30 arraignment for someone incarcerated at a state prison (appearing by phone) which was assigned to me.  I was set to receive 6 new clients at the 9:00 docket…and got none of them.  That’s right, every defendant scheduled to go to me did not end up getting arraigned and assigned.  The morning having gone easier than expected, I got lunch, reorganized, and returned in time for the 2:30 docket.  I went over the paper docket…and realized that every. single. person. was either there on misdemeanor charges or already had retained counsel.  For my grand debut in Marion County’s courts, I got exactly 1 new client over the course of the entire day.  It was mildly annoying but mostly an amusing relief; I expect work will be picking up plenty in the coming weeks, so I’ll be sure to make the most of it!

*Remember when I first got minor felony-certified?  Good times.

And so, with a day’s work done and a single new client, I started the next chapter of my professional journey.  Much like my fictional heroes, Matthew Mudock and Phoenix Wright, I have finished a time away from the spotlight and am back in action, stronger than ever.  I’m on the way to making a name for myself in my new surroundings, I’m feeling the drive to work hard, and I’m once again getting stable monthly income.  The weather may be hot in Salem (and the world still feels like a broiling dumpster fire), but the cool breezes of change and self-improvement are pushing me along to new adventures, revitalizing routines, and more opportunities to be around cats.

Sorry, I don't have any new pictures of the Serotonin Squad.  Here is a professional picture of me instead.

City Slicker

Howdy, readers!  I meant to write a new blog post sooner, but I haven’t been able to think of what to write about in detail.  A few notable events happened (such as visiting a client at a medium-security prison with 5 stars on Yelp and spending a day at the Oregon Renaissance Faire), but nothing has really inspired my muse.  I have some possible big developments on the horizon, but I don’t want to jinx it by stirring up too much excitement.  My business in Tillamook is almost completely concluded, but I still have a few pending matters there.  I could always just post more photos of the Serotonin Squad, but I don’t want to go into full-time animal blogging.  As such, I’ll do something I hinted at last time and talk about working for Salem Municipal Court!

…riveting, I know.

Salem Municipal Court uses a rotational system with an available roster of public defenders (each having a contract with the City of Salem).  On one day a month, I am designated as “Attorney of the Day” (AOD).  That means it’s my responsibility to go to court that morning and afternoon as people arrive as directed by tickets to be arraigned on municipal violations or traffic misdemeanors that happen within the City of Salem itself.  Anyone arraigned that day is now my client, and it’s up to me to represent them going forward.  Court dates are set for later, which gives me time to work with my clients.  At that point, it becomes closer to what I’m used to, with reviewing discovery and working out plea deals taking most of my time.  This rotating AOD system is a little different than what I’m used to in Tillamook (where cases are assigned based more on the availability and compatibility of the attorney), but I’ve been told that it’s an arrangement that’s common in other Oregon courts.  I don’t know if it’s a better system, but it is simple and straightforward.

Other than the new assignment method (and some stumbles with working out the court and prosecution policies), this new court is doing a good job of making me feel like I’m back in the game.  The cases I’m handling aren’t too foreign to me; the docket is mostly trespassing, drunk driving, and probation violations, which I’m an old hand at by now.  The pay is hour-dependent, so there’s a lot of tracking my time to make ends meet, but it’s keeping me and my firm afloat for now.  I’m still looking forward to properly coming aboard with MCAD, but Salem Municipal Court is as good as any court to be working at!

Anyway, that’s enough lawyer stuff.  Time for cat pictures!

a welcoming committee after a long day at work :)

They continue to stalk my Forbidden Room of Mystery, hoping for any chance to bolt on in.

A black panther sits in the treetops, waiting for a chance to pounce.

bathroom duty (since hooman always needs to be watched)