Chief defender stepping down: After 40 years, John Digiacinto leaves his mark on county’s criminal justice system

Digiacinto, who has spent 28 years leading the county’s Private Defender Program, has worked against some incredible odds in his 40-year career in law. In July, he will step down from his post as the program’s chief defender after 18 years with a steadfast commitment to public defense and those on his team of defense attorneys.

The San Mateo County Bar Association program Digiacinto leads is unique since most counties in the state have public defender programs, which are run by the county like district attorney’s offices are. In recent years, it has come under scrutiny after a 2015 civil grand jury report prompted the county to review the program. In September, the Board of Supervisors reviewed a report issued by the county manager and controller calling for increased oversight of the program, rejecting a recommendation to establish an oversight committee and approving a wide range of recommendations to bring greater accountability to the program. Assistant Chief Defender Myra Weiher said she has been meeting every two weeks with Reyna Farrales, deputy county manager for Performance Management, to discuss changes to program procedures, which they hope will increase accessibility to clients and the public. Their conversations are in preparation for a review of the contract between the private defender program and the county, which expires in June.

For Digiacinto, defending the Private Defender Program comes with the territory. The 67-year-old defense attorney has met several challenges in the contentious world of providing defense for the county’s indigent, and earned wisdom he is eager to share with his team of defense attorneys.

Digiacinto first entered the criminal justice system in 1977 as a trial lawyer, having spent four years at the Lincoln University School of Law when it was in San Francisco earning his law degree at night and working as a janitor and at a phone company during the day. He was quickly immersed in the stark reality of defending the county’s indigent criminals.

“The scariest thing when you’re a defense attorney is a factually innocent client. Didn’t do it, wrong guy, that’s terrifying,” he said.

He said it has also been difficult to see the effects of crime on the families of those he has defended, who he said are also victims of crime.

“All you can do is what you can do,” he said. “Knowing your limitations is an important part of growing up and growing old in this business.”

As difficult as some of these moments have been for Digiacinto, his experience in moving past difficult cases has proved invaluable to the attorneys who have worked under him. Digiacinto, who used to ski to give himself a break from ruminating on tough cases, said he usually lets younger lawyers talk through whatever is weighing on them before encouraging them to focus on what’s ahead.

“I tell them, ‘you’ve got to gather your strength, step away from it, go to the gym and get ready for the next client,’” he said.

Though leading the private defender program has meant Digiacinto has spent less time in the courtroom, he has enjoyed his time working with a team of attorneys who also relish the challenge of 39 million to one. Digiacinto said he always wanted to be a teacher, and thought hard about getting a graduate degree in teaching before he committed himself to law.

“To be a teacher here means you’re dealing with bright minds, and people who really care about something that’s bigger than them, that’s the needs of the underserved community,” he said. “That’s bigger than all of us.”

Weiher said Digiacinto has been generous in giving his time to other lawyers, and his example has also proved motivating for those learning the ropes.

“He’s really somebody who fights the good fight,” she said.

Weiher has seen Digiacinto prioritize increasing pay for attorneys in the Private Defender Program. When Weiher started working at the program 40 years ago, attorneys were paid $40 for working on a misdemeanor case from beginning to end. She noted Digiacinto’s commitment to helping lawyers find meaning in their work, and that many lawyers in the Private Defender Program have continued to work there for several years because of their dedication to their clients and colleagues.

“It’s the kind of place where people want to work,” she said.

As optimistic as he is about the future of criminal defense in the county, Digiacinto said he is worried about recruiting and keeping talent for the private defender program in the face of the Peninsula’s rising cost of living. Because the program doesn’t offer medical care or benefits, Digiacinto realizes it can be scary, particularly for young lawyers, to make the decision to move their families to San Mateo County.

“To attract people, you really have to be able to pay them. So far, the county understands that, and has respected that,” he said. “It is the least popular thing to spend money on. These folks understand that the Constitution isn’t just paper.”

Though San Mateo County District Attorney Steve Wagstaffe has often stood opposite of Digiacinto table in the courtroom, he said Digiacinto will leave a mark on San Mateo County’s criminal justice system.

“We are able to work together to solve problems,” he said. “He has been instrumental in making the San Mateo [County] criminal justice system extraordinarily better.”

Wagstaffe, who has known Digiacinto for some 30 years, said his integrity is without a peer, and his care for others has shown through in his interactions with both clients and his fellow defense attorneys.

“When he represented clients, they had someone who fought for them and cared for them,” said Wagstaffe. “He has done the same with the Private Defender Program. He cares immensely for every person on the program.”

Though Digiacinto, 67, is set to retire, he is clearing the path for his successor and Private Defender Program team to lead the way in providing defense for the county’s indigent, despite increased scrutiny in recent years. For this team, Digiacinto holds a great deal of hope.

“These people are enthusiastic, they are willing to work,” he said. “They can’t wait to get to their next trial.”

Digiacinto is not sure who will replace him as chief defender, as the decision is up to the San Mateo County Bar Association’s Board of Directors. One thing he is confident about is that whoever takes the lead needs to be just as unafraid of unlikely odds as he has.

“You can’t be afraid of being unpopular,” he said. “You can’t be intimidated by the power of the state of California. You cannot.”

anna@smdailyjournal.com

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