Public defender good for defendants, taxpayers

From the Lubbock Avalanche-Journal:

THE MOST IMPORTANT aspect of the West Texas Regional Public Defender for Capital Murder Cases is the quality of defense it will offer to the defendants it represents. The other key aspect is the financial protection it provides for counties.

Criminal defense doesn’t get more serious than cases where lives are on the line. Defendants who could be facing the death penalty should have qualified and experienced advocates. They will be assured of that through the public defenders office.

Under state guidelines established regarding experience and qualifications, the number of attorneys qualified to defend capital cases as a first chair (lead attorney) or second chair (assisting attorney) are limited, said Jack Stoffregen, who has been hired as chief public defender.

Lubbock County only has four attorneys who are first-chair qualified, he said.

The public defender office was created through a $2.7 million grant secured last year by Sen. Robert Duncan, R-Lubbock, and three other legislators. The office is open, and cases are being accepted.

Stoffregen has hired one of the four attorneys who will assist him. The staff also will include two investigators, two mitigation experts and two secretaries, he said.

Lubbock County Commissioner Patti Jones noted a first-rate defense for capital murder cases also is good for prosecutors and taxpayers. Having defense attorneys and an investigative staff who specialize in capital cases decreases the possibility a conviction could be overturned on appeal, which would make it necessary to retry the case.

But the quality of defense is not the only advantage of the public defender’s office. It provides important economic protection to participating counties.

District Judge Kelly Moore of Terry County pointed out smaller counties such as his would face tremendous financial burdens if they were forced to pay the indigent defense costs of a capital murder defendant.

Under the public defender system, counties contribute money to fund the office each year based on population size. It insulates counties from suddenly facing overwhelming costs.

Mr. Stoffregen said agreements have been sent to 85 counties, including Lubbock County, inviting participation. He estimates 80 or more of them will choose to participate.

The state will pay the costs of the regional public defender’s office the first year, and participating counties will gradually increase their share of the costs every year until 2012, when the counties will be paying all of the costs.

Ms. Jones said the West Texas office is being considered a model for state indigent capital murder defense and has drawn national attention as well. Many eyes will be watching to see how well the West Texas office works, she said.

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