Director of Legal Agency for Poor Plans to Resign

Judy Clarke, widely considered the heart and soul of the feisty agency that represents poor people charged with crimes in San Diego’s federal court, announced Wednesday that she is resigning to join a private law firm later this year.

Clarke, 39, said it is simply time for a change after eight years as executive director of Federal Defenders of San Diego Inc., the 20-lawyer agency known for its aggressive defense of indigents charged with crimes. “It’s time for a new challenge,” she said.

In November, after Federal Defenders picks a new boss, Clarke will join the six-lawyer San Diego office of McKenna & Cuneo, a Washington-based firm. She will be the third partner at the local office and said she intends to maintain her 80-hour-a-week diet of criminal defense work.

“How often do you have the opportunity to continue to do what you like to do best?” she said.

Robert S. Brewer Jr., the managing partner of McKenna & Cuneo, said he and Clarke had been discussing a move since spring, when he took over the firm’s San Diego office. “She’s one of the most capable lawyers I’ve ever met,” Brewer said.

Judges and prosecutors, agreed. “She’s done a wonderful job,” said Judith N. Keep, San Diego’s chief federal judge.

“I think she has been an intelligent, knowledgeable and tough fighter on behalf of her clients,” said U.S. Atty. William Braniff. “She’s always been a formidable adversary in the courtroom.”

As San Diego’s federal public defender, Clarke said, she earns $106,300 annually. Both she and Brewer declined to say how much more she stands to earn as a law firm partner. “It’s worth her while, but Judy is not a materialistic person,” Brewer said. “She’s much more interested in practicing law than material things.”

During Clarke’s tenure, the nonprofit Federal Defenders office has doubled in size, from 10 to 20 lawyers. Its budget has tripled, from $1 million in 1983 to $3.1 million in 1991, Clarke said. This year, the office expects to handle about 6,500 cases, she said.

The agency, which defends cases brought by the U.S. attorney’s office, has earned a nationwide reputation in legal circles for its repeated challenges to programs such as the rigid federal sentencing rules, which took effect four years ago.

Clarke is an expert on the rules, has written a book about them and contributes to a monthly review that studies sentencing decisions. She also serves on a variety of local and national legal boards.

Recently, U.S. Chief Justice William Rehnquist appointed Clarke one of nine members of a special committee to study the Federal Defender programs across the nation.