Defense lawyer-turned-magistrate comes home

CEDAR RAPIDS — David Grinde leans up in his chair as he talks about 'the case' — that case that every criminal lawyer has at one time or another and that fuels his or her passion to right a wrong.

'This is when you get to use the law in the purest form to free the innocent,' Grinde said smiling.

Grinde helped a man wrongly convicted of first-degree murder in Hancock County get a new trial, and then plead to a lesser crime. The man already had served several years in prison, so he was released for time served.

'I was in Linn County at the time when I was contacted about the case, and I found out (the man's) parents took care of my grandparents' yard in Estherville. We had a connection,' he recalled. 'But this was a travesty of justice. I took the case pro-bono.'

Grinde hasn't lost that passion. He stayed with the Linn County Public Defender's Office for 15 years before becoming a 6th Judicial District magistrate in 2005.

But he missed criminal law, so when an opportunity became available last month, he went back to the public defender's office.

'Dave is one of the best criminal defense lawyers around,' Linn County Chief Public Defender Brian Sissel said. 'We're elated he's back. We worked together before for 15 years, tired a couple of murder cases together and I'm sure will we try more together.'

Sissel said Grinde coming back to the office brings them back up to full staff. Grinde replaced Kjas Long, who retired last year.

Grinde said enjoyed the magistrate position because he liked working with pro-se litigants — people who defend themselves — and helping them understand the law and their rights.

'Some people have a negative attitude toward the courts and judges. For most people, their first experience — and maybe only experience — with a judge is seeing a magistrate,' he said. 'The best compliment was when someone would go into court administration and tell them how well they were treated. That's the best.'

Grinde is married to district Judge Fae Hoover-Grinde, who didn't have flexibility in her schedule, so the position allowed Grinde to be available to take their daughter and son to after-school activities or be home with them after school.

His schedule was especially helpful when their son broke his femur in 2008 and had to go to many doctor appointments and therapy. Grinde said he also loved taking this daughter to school every day.

'But the kids are older now (13 and 17), and I really missed the clients …

helping those out who are facing difficult times,' Grinde said. 'I want them to know someone's in their corner fighting for them.'

Grinde said he didn't start out wanting to be a lawyer. He wanted to be in the FBI, but they had a certain vision requirement and 'mine's bad.' He then went to law school and was drawn to the defense side.

His first mentor was a bankruptcy lawyer who embezzled funds while acting as a bankruptcy trustee. But, Grinde said, the man inspired him to be a criminal lawyer and Grinde learned many good things from him, despite his shortcomings.

'I never wanted to be a prosecutor,' Grinde said shaking his head and frowning. 'And I never wanted to be a district judge. I live with a full-time judge, and there's no flexibility.

'There's long hours here and the case load is heavy, but if you stay on top of cases …

you have to prioritize the felonies over the misdemeanors, but it doesn't mean you don't take care of those.'

Usually the misdemeanor cases are first-time offenders so they're scared and he enjoys walking them through the process and reaching the best possible resolution.

Grinde said many people get their idea of a public defender from the movie 'My Cousin Vinny,' in which actor Joe Pesci plays Vinny Gambini, an inexperience lawyer, who bumbles his way through a murder and robbery case. Grinde said that couldn't be further from the truth.

Grinde works with great lawyers who work hard and 'fight' every day for their clients.

Grinde has been gone from the public defenders office over nine years, but there are a few lawyers who worked with him on his first stint in the office, and the front office support are still the same, so it truly is a homecoming.