The Methow Valley News reported earlier this month on an expansion of the public defender staff in Okanogan County, Washington (population 42,000). (A prior post about the situation in this county that straddles the Cascades, on the Canadian border, is here). The story is by Marcy Stamper, and the lede follows:
The situation for people in Okanogan County who can’t afford a lawyer — and for the attorneys who represent them in court — has improved, with two lawyers joining the county’s public defense team and more money for indigent defense available through the end of the year.
One attorney started at the end of April and the other starts next week, Anna Burica of Burica Law, who holds the contract for public defense work for Okanogan County, said last week. One lawyer will work full-time on cases in Okanogan County Superior Court, and the other will work a 75% schedule in District Court. Neither attorney is based in Okanogan County, so both will handle many cases remotely, traveling to the county as needed for trials, certain hearings, and to meet with clients, Burica said.
The additional attorneys and money from the county “will keep us afloat a little longer,” Burica said. Because the state places limits on the number of cases each attorney can handle, Burica and another attorney expect to reach their limit by August, she said.
The story then describes new standards regarding case load limits for public defenders. These standards that will be implemented over the next four years:
The new numbers mean that Okanogan County will need 10 full-time attorneys for Superior Court cases, another 10 in District Court, and two in juvenile court. That’s a huge increase, since current contracts (a mix of full- and part-time) add up to just over three attorneys, Burica said. Burica handles some cases as well as administrative duties.
It’s going to be very difficult to find 22 attorneys to do full-time criminal work, Burica said. The pool for new attorneys is not encouraging — right now, there aren’t even 10 attorneys in Okanogan County, including those in private practice, who practice criminal law on the defense side, she said.
Okanogan County will also need 17 legal assistants to help with investigations and mitigation, Burica said. Mitigation specialists look at a defendant’s entire history — such as family issues or abuse — and can help build a case that avoids the maximum penalty, she said.
Stamper also includes some data I've not seen before regarding law school enrollment nationally:
The situation is complicated by a drop in law-school enrollment nationwide. There was an average of 43,000 first-year students from 1988 through 2000, but then enrollment grew, peaking at 52,400 in 2010. After that, there was a steep drop for four years, ultimately stabilizing at about 38,000 new law students annually.
These data ignore the fact that most law students desire to work in metropolitan areas rather than rural ones, a bigger issue than the sheer number of those earning J.D. degrees. Read more on these issues here.
Stamper quotes Okanogan County Commissioner Andy Hover as saying that that the state's failure to fund indigent defense makes it an "unfunded mandate, which counties struggle to afford. He says the cost of providing indigent defense, which will rise with the new standards, could be "in the millions." Here's some additional context from Stamper:
The state Legislature has also appropriated a small amount of money for public defense. That includes $900,000 (split between cities and counties) to improve the quality of public defense services.
Hover called that additional state money “a drop in the hat.” Stamper continues:
Another $1.86 million will go toward internships and training, in part with the aim of encouraging attorneys to practice in rural areas. Some appropriations are specifically for representation connected with drug crimes, parents programs, and cases involving the insanity defense.
Read more about what is happening at the state level from Daniel Beekman in the Seattle Times, here and here.
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