Talks Target Lower Spending for Public Defenders


October 4, 2007
Toledo Blade
By Mike Jones


A proposed contract for public defender services which would have more than doubled Sylvania's costs has led to negotiations which may ultimately save the city some money.

Under terms of the proposed contract, the city would have had to pay $58,240 for defender services this year. The earlier contract called for payment of about $28,000.

Jim Moan, city law director, told city council's finance committee that some of the assumptions in the proposed contract were incorrect. The proposal also was a result of Lucas County's wanting to back away somewhat from involvement between municipal courts and the public defenders' office, he said.

Michael Beazley, county administrator, said the county wants to step away from getting involved in contract negotiations between the cities and the public defenders' office.

"The courts can tell the defenders' office what they need and then determine the price,'' he said.

One of the benefits under the system will be a reimbursement by the state, which municipal courts didn't get before.

Mr. Beazley said that the county will continue to do some of the administrative paperwork that is required for oversight and for reimbursements.In Oregon, the use of public defenders has increased since Judge Jeffrey Keller was elected to the bench in 2005. For a time, there were two public defenders, three days a week.

The court now uses two public defenders one day a week, as well as a pair of half-days.

State law requires public defenders to be made available for people who cannot afford to hire a defense attorney after being charged with a crime that could result in a jail or prison sentence.

Judge Keller said having public defenders available can mean a faster court appearance with the possibility of the accused being released on bail earlier. It not only speeds the system, but is cost effective because holding a person in jail costs about $100 per day.

Paul Goldberg, city law director, said no new contract terms have yet been determined for the city and the public defenders' office.

The use of public defenders in Maumee Municipal Court has declined, according to Judge Gary Byers. The city's finance director, David Hazard, said the city has already agreed to pay $28,000, the same as last year. He added that Waterville and Whitehouse each pay the city $2,520 per year as their share of costs for prosecuting defendants from those jurisdictions.

In Sylvania, Mr. Moan said the proposed contract had included public defender representation on Fridays. But the court's docket doesn't show a need for that "except in rare cases,'' he said.

That will decrease the proposed use and, he said, he found that Holland has been paying $5,000 annually for public defenders. He said that money should be credited to Sylvania because Holland cases are prosecuted in Sylvania's court.

Mr. Moan told finance committee members that Sylvania is responsible for assigning attorneys to defendants arrested by its police but that trying to establish a system for its prisoners only "could be a nightmare."

"It would save on the number of cases handled, but there would be no state reimbursement,'' he said.

Although there is no current contract and no firm amount yet determined for Sylvania's use of public defenders, it will be in line for about 27 percent reimbursement from the state under the proposed system of negotiating directly with the defender office.

The office charges $160 per day for attorneys and $80 per day for interns.

Mr. Moan said there is no complaint about the amount charged for the work done; it is a matter of pinning down exactly how often it is needed.

He told the committee that, with the state reimbursement taken into account, the total cost to the city may decline.

In Perrysburg, public defender cases have been on the increase. An increase of 1,669 in 2005, to 1,798 last year is "pretty much in tune with the court's caseload'' this year, according to Janice Elkes, court administrator.

In Monroe County, indigent defendants are represented by court-appointed attorneys.

In June, the pay for attorneys for that service was increased from $52 per hour to $75 per hour for felony cases. It was the first increase since 1991, court officials said.

An increase in funding for representing those charged with misdemeanors will be considered next year.

Last year, it cost more than $800,000 for legal representation for defendants in district, circuit, and family courts in the county.


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