Tag Archives: funding

FL State Court Rules That Overworked PDs Can Withdraw From Cases

From The Miami Herald:

Describing what it called a “damning indictment” of representation for poor criminal defendants, the Florida Supreme Court on Thursday ruled that the Miami-Dade County public defender’s office could withdraw from a large chunk of felony cases because of excessive workloads.

This decision lifts the spirits of attorneys everywhere who, due to crippling caseloads, have been confronted with the difficult decision of picking and choosing which client gets legally competent and diligent representation and which do not, Miami-Dade Public Defender Carlos J. Martinez said….

The court divided 5-2 on the issue, with Justice Peggy Quince writing a majority opinion that said attorneys who represent defendants in third-degree felonies often have as many as 50 cases set for trial in a week.

“Clients who are not in custody are essentially unrepresented for long periods between arraignment and trial,’’ wrote Quince, who was joined in the majority by justices Barbara Pariente, R. Fred Lewis, Jorge Labarga and James E.C. Perry. “Attorneys are routinely unable to interview clients, conduct investigations, take depositions, prepare mitigation, or counsel clients about pleas offered at arraignment. Instead, the office engages in ’triage’ with the clients who are in custody or who face the most serious charges getting priority to the detriment of the other clients….”

Attorney General Pam Bondi and a statewide group of prosecutors fought the public defender’s attempt to pull out of the cases. During Supreme Court oral arguments last year, Louis Hubener, an attorney for the state, pointed to a law that bars public defenders from withdrawing from cases solely because of “inadequacy of funding or excess workload.”

The Supreme Court found the law constitutional, though it disagreed about how the law should be applied.

“(The) statute should not be applied to preclude a public defender from filing a motion to withdraw based on excessive caseload or underfunding that would result in ineffective representation of indigent defendants nor to preclude a trial court from granting a motion to withdraw under those circumstances,’’ the majority opinion said.

Public defenders sometimes withdraw from representing people because of conflicts that arise, such as two clients being implicated in the same crime. The state has a system for the appointment of other attorneys to take cases when such withdrawals occur.

It’s probably safe to say that similar situations of underfunded PD systems, being routinely unable to prep cases or interview witnesses, and essentially engaging in “triage” are rampant in other states, as well.  Perhaps this decision can be influential in other states facing similar issues. One can hope…

Union County, SC, needs another Public Defender

With an overpopulated jail and only one public defender contracted to handle 80% of the approximately 1,000 cases each year in Union County, South Carolina, the Sixteenth Circuit Public Defender Harry Dest is asking the County Council for help. The county prosecutor (apparently he’s the “County Solicitor”), Kevin Brackett, even joined in the request and offered to cut his own budget to contribute to the new PD’s salary. From the Union Daily Times:

“I endorse everything he said,” Brackett said. “You could add five more people to my office, and that would only mean seven people are calling Erik Delaney every day. Right now, it’s two people.”

Brackett also said the issue was not only keeping the jail clear, but also an issue of public safety.

“Talk is cheap,” Brackett said. “I’ll put my money where my mouth is. I’ll help kick-start it by reducing my budget by $15,000.”

Brackett said Dest’s office is also getting another $11,000 from the state this year.

Clerk of Court Freddie Gault added that an additional attorney in the public defender’s office could possibly double or triple the amount of cases going through court.

Dest also asked council to consider hiring the additional attorney at a salary range comparable to that of York County, which is a minimum $47,000 for the first year, $51,000 for the second year, $55,000 for the third year, and $58,000 for the fourth year.

So, hey, if you’re in South Carolina or looking to relocate, there might be a job opening soon… Butler County, NE, is also seeking a part-time public defender, FYI.