ILNews

Economic woes hitting state's public defense

Back to TopCommentsE-mailPrintBookmark and Share

Years ago, those working in the Porter County Public Defender Office reported seeing a bright blue Post-it note tagged to their caseload reports that said, “HELP!” in huge hand-written print. That was a common occurrence at a time when the local public defender’s office faced a critical overload point because of skyrocketing caseloads and too few attorneys.

Hiring enough people to prevent those handwritten notes from appearing in the files was a task in itself, and the county’s limited resources wouldn’t allow for the staff increase that would be necessary to qualify for state reimbursement for some of its local indigent defense costs.

Porter County remains one of the largest of about three dozen Indiana counties that has not yet taken advantage of a state system that reimburses counties for up to 40 percent of regular, non-capital case defense costs. That budget-strained storyline is a trend playing out throughout Indiana, where counties are being hit by economic woes that limit their ability to provide the best possible public defense to indigent citizens.

Many report that the quality of public defense has progressed through the years as counties are able to receive money from the state, but the latest annual report released Aug. 9 shows that new counties still battle with cost restrictions to enter the system while those participating struggle to meet the standards necessary to do what’s required.

Essentially, the economy and limited local resources are impacting public defense in both large and small counties throughout Indiana.

“Our opinion is that the economy and lack of full reimbursement has influenced counties’ decisions not to join, and we’ve been told the economy has been the reason they don’t ask for money because they know they can’t comply,” said Indianapolis attorney Mark Rutherford, chair of the Indiana Public Defender Commission. “This is a hybrid system that tries to make sure counties can provide good or better public defense services, but it’s opt in and we have a long way to go.”

Established in 1989, the Indiana Public Defender Commission recommends certain standards for determining who can access indigent defense, how many cases a public defender handles, and the qualifications of those attorneys practicing in that area. That can mean attorneys having enough support staff for no more than 120 felony cases in a calendar year, or 60 cases if they work part-time. Attorneys using paralegals and investigators can handle more cases, and the IPDC rules require certain pay standards in order to be eligible for state reimbursement.

Participating counties have risen from just a handful back in the 1990s to dozens today, though the number fluctuates based on how the jurisdictions comply with the requirements and what money might be available. The Indiana General Assembly has increased the amount of state money given to the commission gradually during the past decade, beginning in the early 2000s when the number of participating counties and amount of claims for reimbursement grew so much that the commission couldn’t meet the demand. For 2010-2011, an annual report shows that more than $16 million was given back to Indiana counties – but some say the reimbursement isn’t worth the extra resources devoted to public defense at the local levels.

Since reimbursement began in 1995, $116 million has been returned to counties, according to the commission.

But even those 60 counties that have submitted plans to participate struggle to meet the minimum standards required for state reimbursement, and economic woes in recent years have led more counties to stop participating because they’ve been unable to comply. In the past year, 52 of the 60 participating counties are eligible for reimbursement because they comply with state standards – representing 67 percent of the state’s caseloads.

Scott and Henry counties refused to pass a budget that would support the county public defender agency’s compliance with state standards and they’ve yet to beef up their local defense adequately. Whitley County refused to hire more attorneys to handle the public defense caseload, and the IPDC says it was a local decision to have one attorney handle the caseload rather than hiring more lawyers and dividing it up between four in order to meet the standards.

IPDC staff attorney Deborah Neal says those counties dropped out specifically because of the economy, finding that it was cheaper to overwork and underpay a smaller number of local attorneys rather than hire more and try to comply with the state requirements. Crawford, Newton, and Wells counties are examples of DefenseChart.gifcounties that have submitted comprehensive plans but have never asked for the money because they know they couldn’t meet the caseload standards, Neal said.

“That’s a problem with smaller counties, and it may get worse because it’s usually attorneys in private practice taking these issues up on a case-by-case basis,” said Larry Landis, executive director of the Indiana Public Defender Council and a member of the public defense commission. “More are grappling with this issue, and it looks like more are going to be struggling with this as they try to figure out budgets locally.”

For example, larger areas like Lake and Marion counties have been discussing local budget-cutting moves across the board that might impact the ability to meet standards, he said.

“It’s politically safe to cut public defense rather than a prosecutor or police and fire, but you might be slashing a few hundred thousand dollars at the expense of a larger amount in reimbursement,” he said. “All chief public defenders say budgets are being cut, but so far none of those cuts in larger counties are throwing out of compliance. Yet is the operative word, and they’re struggling just to comply without having money left for training.”

As more counties face economic challenges and see their local resources drying up for public defense, Rutherford says the state might need to more seriously look at the idea of centralized indigent defense funding or even making the standards mandatory. The Indiana Commission on Local Government Reform issued a report in 2007 – known as the Kernan-Shepard Report because former Gov. Joe Kernan and Chief Justice Randall Shepard served as chairs – that outlined the need for state-funded defense, and Rutherford said that might be an option.

“That’s the big debate about how to make this system better,” Rutherford said. “A centralized system might take some of the inequities out of this process, and that would lead to more reasonable responses from counties and give them the ability to spend more time on cases. I think our indigent defense is getting better, not because the lawyers are any better but because caseloads are better managed and the resources are available. The challenge is making sure that continues happening and we don’t step too far back.”•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

ADVERTISEMENT