Minnesota Supreme Court: Legislature, Not Court, Should Address Public Defenders' Woes

Dec. 30, 2003
Pioneer Press
By Gregg Aamot

The state Supreme Court on Monday denied a request by Minnesota public defenders who said they were overworked and needed to lighten their load.

The Board of Public Defense and the state's chief public defender wanted the court to lessen the burden on lawyers assigned to child welfare cases that fall under the Child in Need of Protection program. Those cases often stress the system because separate public defenders can be needed for a mother, father and child.

In a petition filed Aug. 29, the lawyers argued that workloads are too heavy and that no more than one public defender should be assigned to CHIPS cases until more money is made available for the program. They also said they should be able to delay other cases when defendants are not in custody.

"We acknowledge the fiscal crisis petitioners are experiencing, threatening the ability of public defenders to fulfill their crucial role in the judicial system," Chief Justice Kathleen A. Blatz wrote in an opinion for the seven-member court.

However, the court said granting the request would create other problems, such as a backlog of cases. It said the Legislature would have to decide whether to limit caseloads or provide more money.

In a statement, the Board of Public Defense said the court's opinion backs its own claim that more money is needed for public defenders. "Without legislative action it will grow increasingly difficult for justice to be applied evenly in this state," the board said.

The public defenders argue that their caseloads are more than double the standards set by the American Bar Association. They said the stress has lowered the quality of public defense and caused experienced public defenders to resign. Also, 20 public-defender positions were cut to help shore up the state budget, they said.

The Supreme Court said requiring fewer public defenders in CHIPS cases could prolong them and hurt the court's ability to make proper decisions, such as whether to return children to their own families.

"The solution to petitioners' fiscal crisis is not to exacerbate the already difficult legal process for protecting the state's most vulnerable population," the opinion said.

Sen. Jane Ranum, DFL-Minneapolis, said the Legislature needed to reconsider the funding levels it set last year— when lawmakers dealt with a $4.5 billion budget shortfall — for public defense and other programs. "I can see the delays that are happening already as a result of increased caseloads and the pressure on the system because of inadequate funding of the public-defender system," she said.

In a related case, the Supreme Court has yet to rule on a challenge to mandatory fees the Legislature imposed on defendants with public defenders. The mandatory fees were meant to help fund the program. But Hennepin County ruled that the requirement is an unconstitutional infringement on the rights of indigent defendants to have lawyers. The high court heard arguments on the issue Dec. 3.




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