County considers altering process for public defenders

Published 12:00 am Thursday, April 1, 2010

A bid system was discussed Wednesday as Warren County supervisors and court officials pondered whether there’s a less expensive and more efficient way to provide attorneys for indigent criminal defendants here.

Creating such a system would merge the ideas of creating a staff of fulltime public defenders with the current system under which judges make appointments by rotating through a list of 30 to 40 private attorneys.

District Attorney Ricky Smith and both Circuit Court judges, Isadore Patrick and James Chaney, indicated there would be a lead defender, whose salary would be set by supervisors, and other attorneys could then offer to take cases once notified through the county bar association of how much they would be paid.

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“Let those people place their names in the till and the bar (association) would then give me a recommendation of people,” Patrick said. “At least they’ll have the figure, knowing what they’ll be able to be paid.”

Costs of the current system outpaced what supervisors forecast they’d collect in fines last year and may do so again. Also, a draft report issued earlier this month on the size and scope of a new jail recommended speedier handling of cases, indicating appointed attorneys concentrate of their more lucrative private practice cases and lower-paying appointment cases take lower priority.

Supervisors hope to have a new system in place when the 2010-11 fiscal year begins Oct. 1.

“At least we’d have an opportunity to budget,” said District 5 Supervisor Richard George, board president. He said the rise in criminal activity “is outmatching our economic growth.”

State law allows counties to create and fund a public defender staff. Most in operation are in larger counties. Rankin County’s staff of one lead defender and four assistants, paid $43,400 and $38,400 annually, has been cited for reference.

Here, expenses for indigent defense are on pace to hit $387,320.06 for 2009-10 — nearly 24 percent less than in 2008-09, but about $100,000 more than budgeted.

In discussions, supervisors have quizzed judges on how they determine eligibility for an attorney at public expense and how the amount paid is determined.

Chaney told the board defendants fill out a questionnaire asking whether they own a car or a home, and hold a job. If they have no money or assets, the next available attorney on the rotation is then appointed, Chaney said.

Patrick said bills submitted by attorneys defending indigent cases are scrutinized and occasionally reduced.

Jail consultant firm Voorhis/Robertson Justice Services Inc. has recommended a 134,000 square-foot jail on between 20 and 50 rural acres with enough space to hold 650 inmates, administered by a jail administrative staff triple its current size. Most cost estimates by Voorhis and local officials have settled between $20 million and $30 million.

More courtroom space is also part of consultants’ preliminary report. Room outside Circuit Court’s current space on the courthouse’s third floor exists where Drug Court is held, a former car dealership at Clay and Farmer streets. Judges have been slow to use the building for varying reasons, such as the fact it’s leased and has had past issues with air conditioning.

“I schedule some things in Drug Court building — when the air conditioning comes on and no one can hear anything, and when the air condition is off, you’re either hot or you’re cold,” Chaney said.

The growth of the drug court program to about 100 has worked against expanded use of the Drug Court building for circuit cases, Patrick said, but two judges using one room continues to be a strain. Officials didn’t rule out exploring the availability of space in other buildings not owned by the county.  

“It may be that we expedite more cases through plea bargain,” Patrick said.

Other rental agreements in buildings not owned by the county weren’t ruled out, mentioning Vicksburg Auditorium and the former U.S. Post Office on Crawford Street.

“There’s countless days and weeks where the auditorium is just sitting there,” District 1 Supervisor David McDonald said.

VenuWorks, which manages the city-owned facility on Monroe Street around the corner from county supervisors’ offices, reported the building took in $15,000 more than budgeted and cost the firm 13 percent less than budgeted during 2009’s final quarter. The former post office is owned by a private development company, Delta Court LLC, which has said it plans a conversion to residential use.

Renovating space in the existing jail, once vacant, is another possibility.

Contact Danny Barrett Jr. at dbarrett@vicksburgpost.com