With a passion for social justice and a commitment to making a difference, Jason Crockford (Law '18) embarked on a remarkable journey that led him to the forefront of the legal system. Through his father's involvement with the ACLU and other social justice organizations, he was deeply influenced by his early exposure to issues of race, class, and poverty. Today, as a dedicated public defender, Jason continues to champion the cause of equality and justice for marginalized communities. Learn more about Jason, including the impact his law school education had on his career and his passion for representing the underrepresented in the Central Valley.
Can You Share Your Journey from SJCL to the Fresno County Public Defender's Office and How Your Passion for Social Justice Influenced This Path?
I was raised in Clovis, my father was in law enforcement and my mother was a teacher. After graduating from college, I worked as a teacher for the Clovis Unified School District in Math and English for a couple of years. Then I decided I wanted to go to law school. I’ve always been interested in issues involving social justice and racial equity. My dad used to bring me to ACLU meetings when I was young. He also exposed me to literature and activist art. So I was always conscious of my surroundings.
San Joaquin College of Law (SJCL) affords opportunities that other, larger schools can’t. SJCL was able to accommodate my lifestyle and schedule – I was beginning a second career. Plus, to be honest, I’ve never done well in larger, structured institutions. The small class sizes and close community of SJCL was perfect for me. In fact, without SJCL I don’t think I would even be a lawyer.
During law school, I was really interested in the intersection of constitutional law and poverty and race. So discussions about the reconstruction amendments and Equal Protection really intrigued me. SJCL really offered me the ability to explore these interests.
Specifically, I took a “Prisoner Rights” course with Professor Erica Grosjean, who is a Federal Magistrate at the Eastern District. The course changed me. It taught me how constitutional rights are litigated and enforced. And even though the course dealt with prisoners, the broader theme of the course was with this fascinating federal statute passed after the Civil War called the “Ku Klux Klan Act.” The Act, which is colloquially called “USC 1983” for the first time in US history allowed people to sue state officials for violations of their constitutional rights. Think of it as like “constitutional torts.” Professor Grosjean taught me that, at least theoretically, the federal courts are supposed to stand between vulnerable populations and state governments who refuse to enforce the law. So, for example, after the Civil War many southern state governments and courts were terrorizing the African American citizenry. So the federal courts stepped in. The KKK Act is still used today; look up any lawsuit dealing with individual rights and it's almost certain it was brought under USC 1983.
After her class, I knew I wanted to do something with constitutional law. So I got involved at the Tulare County Public Defender's Office as a law clerk. That was my first job, and I eventually went on to become a misdemeanor attorney there.
After about a year in Tulare, I decided it was time to come home and work in my community. I looked into the Fresno Public Defender’s Office and I've been there for more than a year now. It's been absolutely eye-opening and amazing. One thing people should know about the Public Defender's Office is that we are on the vanguard of constitutional issues. We litigate issues of Due Process, Equal Protection, and the Bill of Rights every day. Being a public defender is also a privilege: by statute, public defenders represent only those who can’t afford a lawyer. So I often represent those on the margins or who have unfortunately been treated unfairly.
As an example of some constitutional issues we litigate, a few years ago the California Supreme Court issued a landmark decision called In re Humphrey. The case stands for a pretty simple proposition: you cannot be detained before your trial solely because you are poor because it violates Equal Protection. The rich buy their way out of jail, while the poor are punished. But implementation across the state–and in Fresno–has been controversial to say the least! Our office is vigorously fighting everyday to ensure the presumption of innocence is followed in Fresno County and that people are not detained because they can’t afford to get out. Because issues of wealth-based detention directly implicate the poor, this is an issue that affects the public defender. And it’s like being in constitutional law class everyday. In fact, the Fresno County Public Defender motto is “Equal justice Under Law.”
What Was the Most Unexpected Challenge You Faced Graduating from Law School and Taking the Bar to Working in the Tulare and Fresno County Public Defender's Offices?
For a long time, I struggled with my legal analysis. It took me a very long time to be an effective legal writer and thinker. So it was very challenging. But once “the light goes on” in your brain, it’s like seeing a whole new world. And SJCL for me sort of turned on the switch.
As far as studying for the California Bar Exam, that was a challenge too. But my dad really supported me and even drove me to Sacramento to take the test and stayed with me for the weekend. Students need a support system–anyone, friends, family, co-workers, etc. If you have a support system, you will succeed.
Did You Have Any Mentors or Figures Who Were Influential to You During and After Law School Who Influenced Your Approach to Law and Social Justice?
Professor Grosjean taught me temperament. Professor Purvis taught me to value analysis. Professor Atkinson encouraged my love of contacts and good legal writing. And I really liked Judge Conklin for Criminal Procedure. After law school, I’ve been influenced by Fresno County Public Defender, Maribel Romo. You can quote me on this: she’s the best trial lawyer in the county. She’s really taught me the art and nuance of speaking to juries. That’s the other thing the students should know: do you want to do jury trials? Man, it is fun! It’s not like law school at all! Jury trial mastery is definitely the most elusive skill in what we do as lawyers. And the Public Defender’s Office, if nothing else, teaches you how to “take it to the box” (the jury box) as we say in the profession.
What Skills or Qualities are Essential for a Law Student Who Wants to Work in Public Defense or Social Justice Advocacy?
Students who want to be public defenders have to issue spot. If you can’t issue spot, you won't cut it at this office. Is it an unreasonable search and seizure? Is there a hearsay issue in that report? You must isolate it. The judges in Fresno are incredibly intelligent and busy. If you don’t identify for them, in a concise and clear manner, the issue in your case then you are doing a disservice to your client
Also, you must be a procedural master. A public defender’s true superpower is his ability to make every case one of procedure. So pay attention in Judge Conklin’s criminal procedure class. I recently did a trial in front of Judge Conklin and he has very high expectations of the lawyers who practice in front of him–so you need to be prepared.
I’d also say you have to be quick on your feet. What’s that old saying, “seldom affirm, never deny, always distinguish.” This job is like a boxing match. You take it on the chin and you distinguish and you give it right back! But you do it in a way that is professional, courteous, and in the best interest of your client. Being a public defender is intellectual boxing and it’s the best job in the world!
Can You Share a Case in Your Career that Impacted Your Perspective on Equality and Justice?
So California recently passed a law–the first of its kind in the nation!–called the Racial Justice Act, Penal Code 745. Under this law, the state is prohibited from seeking or obtaining a criminal conviction based on race. It is nothing short of game-changing. It allows my office to challenge decisions made by prosecutors, police officers, and judges that are tainted by racial bias. The RJA also allows for data-based claims. You can make a claim, for example, that a particular race is being charged more severely than another similarly situated race. To put this another way for my con law nerds: under the RJA, “disparate impact” alone is sufficient to state a claim for relief. No showing of discriminatory intent is required. Yes, I just said that. Your students will know how absolutely revolutionary this law is: It’s Equal Protection on steroids, and a return to the 19th century of a case called “Yick Wo.”
I filed what I believe was the first RJA motion in the county! I was very excited for my client, our office, and the system as a whole. The RJA is going to have a huge impact on the criminal justice system. And the Fresno Public Defender’s office is leading the push.
What are Some of the Most Pressing Challenges Marginalized Communities Face in the Legal System and How Does the Public Defender's Office Address Them?
Access to justice and the courts. Fines and fees imposed on someone as a consequence of being convicted. Being detained pretrial not because you are actually dangerous but because you are poor. These three issues concern me. And I should be clear about this–because I learned this in law school also–the government absolutely has a strong interest in protecting our community and punishing crime. But if, for example, the law as written says that criminal defendants are entitled to be released pending trial, what is there to fight about? It may be a bad policy to let people out, and you and I may disagree with it, but it’s the law. And the law has to be followed.
How Do You Maintain Your Commitment and Drive in a System That Often Seems Stacked Against the Very People You're Trying to Help?
How do I not get cynical? Not to get philosophical, but this job makes you think about deeper issues of justice–what it means for defendants, victims, and litigants to go through the criminal justice system. But at the end of the day, I continue to believe in Equal Justice Under Law. it stands for something and means something. Change is happening in Fresno everyday. My colleagues and clients inspire me.
Your "Black Lives Matter to Public Defenders" Shirt Makes a Powerful Statement. What Inspired Your Office to Create it and What Reactions or Conversations has it Sparked?
Our office created the shirt in the wake of the George Floyd tragedy. I wasn’t at the office yet, but our entire staff staged a walkout to protest the treatment of African-Americans in the criminal justice system. The Fresno Public Defender’s office stands firmly against racism, wealth-based detention, and discrimination. You know, after the Floyd tragedy, California passed a suite of legislation–dealing with jury selection, the Racial Justice Act, and bail–that has really shifted the criminal justice paradigm. The graduating students at SJCL are really walking into a bold new world. For the first time in history, we have the ability to litigate claims that we could only dream about before.
In the Context of the Current Social and Political Climate, How Do You See the Role of Public Defenders Evolving and What Should Law Students be Prepared For?
Man, California criminal law is changing rapidly. As I like to say, this is not your dad’s criminal justice system! Statutes like the Racial Justice Act, cases like In re Humphrey, and an acknowledgment by the legislature that the carceral state is not good for anyone–all of this is rapidly changing the role of the public defender.
For example, historically in California when someone is arrested they can generally get out before their first court date if they post a certain amount of money dictated by what is called a “bail schedule.” But guess what? The federal courts have recently held the bail schedules of San Francisco, LA, and Sacramento unconstitutional as applied to pre-arraignment arrestees. Public Defenders will be in the trenches on this issue. I mean, think about that: something as old as “money bail”--a concept enshrined in California’s constitution drafted in the 19th century–is falling. Why? Because the courts are acknowledging that bail schedules are no more than a “get out of jail free” card for the wealthy. This is exciting!
So at this specific moment in time–not 20 years ago, not 10 years ago, not even 5 years ago–public defense work is in its renaissance. And, again, this is because the law is changing rapidly. Public defenders, especially young public defenders who are not inured to old ways of doing things, will be on the front lines of this fight. So for all those SJCL students who think outside the box, they should consider the Public Defender’s office.
It's not a coincidence that many pivotal Supreme Court decisions came from either public defender offices or public interest groups like the ACLU and the NAACP. Public defenders don’t just apply law; we think of new arguments and ways to be creative and challenge old ways of thinking.
What Role Do Law Schools like San Joaquin College of Law Play in Shaping the Next Generation of Lawyers Who are Passionate About Social Justice?
I think SJCL is the most important institution in the Central Valley. I mean, think about it: SJCL has had a hand in educating most legal practitioners in the Valley. Think about the consequences of this. Just like football has “coaching trees,” our law school has the same thing. How you interpret and view constitutional law was influenced by Purvis. How you think of criminal procedure is a result of what Judge Conklin taught you. So their “coaching” rubs off on their students. Does Purvis know that he is the doctrinal father of all these little con law children running around? I feel like students think that once you graduate “that’s it for SJCL.” Not so. You continue to be influenced by what you learned. And how you approach legal issues is tempered by what you learned in school.
I know that SJCL is aware of this and so they offer so many different perspectives. Professors who are magistrates, professors who are practitioners, and professors who are academics. Because SJCL is all about influence, whether you admit it or not.
What's the Most Rewarding Aspect of Your Work and How Do You Think Law Students Can Find Fulfillment in Their Future Careers?
There is nothing like getting a great outcome for your client because of your zealous advocacy. There is nothing like spending all night meticulously researching and writing a writ of habeas Corpus and then having it granted. Once you experience the thrill of advocacy, of helping people, what greater joy is there? Money can’t compare to the look you get when you secure someone’s freedom or vindicate their constitutional rights. How can it?
And this feeling isn’t ideological. If you are passionate about victim’s rights, then harness that passion and become a District Attorney. I know some incredibly talented District Attorneys who work tirelessly to advance the interests of those who have suffered. My point is that if you want to chase the bag, get the bag. But if you want to fight, come to the public interest side. The truth is, I would do this for free. One of the greatest trial attorneys of all time, Tony Serra, he lived as a pauper. And I can see why!
Students will be content so long as they are using their skills. Once your skills atrophy, that’s it. The happiest lawyers are those that are actively lawyering. Are you writing? Are you reading? Are you arguing? Are you persuading? Then you will be happy in whatever you do. And don’t be cynical or take things personally. I remember sitting in the study room at SJCL dreaming of trying cases. It was so hard and so difficult. I doubted myself. But SJCL supported me.
Want to learn more about San Joaquin College of Law, attend our next Law School 101 or set up an appointment to discuss your law school future? Contact our Director of Admissions, Diane Steel, today!