Report: Public Defense Too Costly; County Grand Jury Calls For Clients To Be Turned Away


	Print or Email This Page Report: Public Defense Too Costly; County Grand Jury Calls For Clients To Be Turned Away July 5, 2006 Victorville Daily Press By Tracie Troha SAN BERNARDINO — To offset the cost of defending clients and reduce caseloads, the San Bernardino County grand jury is calling for public defenders to turn away clients who can pay for private attorneys. San Bernardino County public defenders average 694 combined felony and misdemeanor cases and 116 probation violation cases a year, according to a recent grand jury report. Those working in the juvenile division average 448 cases a year. "The Public Defender's office is handling 69 percent of the District Attorney's cases with 47 percent comparative staffing," the report stated. The grand jury recommended the county develop a system to determine the ability of a defendant to pay legal fees and proposed turning away those with the means to pay for private attorneys. It also recommended a legal fee schedule be created based on a defendant's credit score and property ownership. "Research done by the (county) Treasurer-Tax Collector suggests that with accurate Social Security information, a 42 percent collection rate could be attained," the report stated. The public defender's office estimates the average cost of defending a misdemeanor case is $236, a felony case is $784 and a juvenile case is $487. Officials estimate that the office spent about $9 million last year defending illegal immigrants. The grand jury is calling for the San Bernardino County Board of Supervisors to direct the county Treasurer-Tax Collector to proceed with a fee collection program and increase the public defender's staff. Charging indigent clients for legal services is nothing new to the county. A fee collection program was put in place in September 2004, but failed after 30 days after a Superior Court judge withdrew his support. "The actions of the presiding judge cost the county millions in lost revenue," the report stated. Despite the failure of the fee collection program, the report cites the success of similar programs in Los Angeles, Orange and Ventura counties as examples that it can be done. Public Defender Doreen Boxer and 1st District Supervisor Bill Postmus could not be reached for comment on Monday.
	National Association of Criminal Defense Lawyers (NACDL) 1660 L St., NW, 12th Floor, Washington, DC 20036 (202) 872-8600 • Fax (202) 872-8690 • assist@nacdl.org