Courts Need To Verify If Defendant Can Pay For Own Attorney


	Print or Email This Page Courts Need To Verify If Defendant Can Pay For Own Attorney June 19, 2007 The Grand Island Independent Editorial One of the guarantees of the Constitution is that citizens have the right to a fair trial. If the accused cannot afford to pay an attorney to represent him or her ... the accused person receives the services of an attorney appointed by the court. Often this attorney is from the county public defender's office. If the public defender's office's caseload is too large or if there is a conflict of interest, an outside counsel may be appointed. ... It is one thing to write the law, but it is another thing to implement it. The cost of maintaining a county public defender's office and providing additional counsel from private practice attorneys are becoming one of the most expensive items in the annual county budget. ... Hall County Attorney Mark Young brings up a good point. While defending the right of everyone to an attorney, he thinks the defendant should have to prove that he is not able to pay for his defense. To have the county pony up the legal costs when the defendant is able to hire an attorney is a waste of tax dollars. This is a no-brainer. Every county should use a similar affidavit that is filled out by the defendant to determine if he can pay for his defense. Apparently that is not the case, with some counties using different forms and procedures than other counties use to determine the need for a court-appointed attorney. That would make it easier to determine need, and the standards for appointing a court-appointed attorney could be the same across the state.
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