By Dean Manning
Staff Writer
May 05, 2009 11:18 am
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From the time a defendant is arraigned in district court, it is the obligation of the state to provide that person with legal representation if the defendant cannot afford to hire an attorney. In the case of the Eastern Region, that means serving clients in five southeastern Kentucky counties including, Clay, Knox, Laurel, Leslie and Whitley counties.
“We cover district and circuit court in Clay, Knox, Laurel, Leslie and Whitley counties, family court in Laurel and Knox counties along with truancy and child support,” said Roger Gibbs, the eastern regional manager.
The “we” Gibbs is referring to is a staff of 14, including six attorneys, two short of what the office is supposed to have. Gibbs said that translates into an annual caseload of 430 to 470 for each attorney, including himself. That number is not likely to go down anytime soon in the wake of the state-wide hiring freeze and state budget crunch, but it may increase.
“If we lose another attorney, it would bump our caseload to about 500,” Gibbs said.
Public advocates in other parts of the state are already exceeding that number as the state struggles with 55 vacant attorney positions. Ed Monohan, head of the Kentucky Department of Public Advocacy said attorneys at 10 of the state’s offices of public advocacy are averaging caseloads of 550 or more.
The increased caseload is having an effect on the number of cases public defenders are taking to trial, Gibbs said.
“There is a direct correlation between the number of cases each attorney is carrying and the number of trials,” Gibbs said. “That is why we want to get the caseload down to a reasonable number.”
Gibbs said that number is about 400.
Gibbs said when the new fiscal year begins July 1, the department of public advocacy will be starting in a financial hole of approximately $1.15 million as the agency has delayed payment of some bills, meaning unless the governor and/or the legislature finds an answer, the problem will only be worse with the start of the new fiscal year.
“I’ll start out with a $1.15 million shortfall next year and the situation will only be exacerbated,” Monohan said while retaining hope that the governor and the legislature will come together to find an answer during a proposed special session of the legislature.
During the 2009 legislative session, the House and the Senate each passed appropriations bills for the department of public advocacy, but adjourned without conferencing and passing a final version for the governor to sign.
Gibbs said there are some local attorneys willing to aid the agency by doing pro bono (for the public good) work.
“A lot of them do that, but it is a constitutional issue because it is the obligation of the government to provide a defendant with an attorney,” Gibbs said.
Staff writer Dean Manning may be reached at dmanning@sentinel-echo.com.
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