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Dec. 21, 2007
Copyright © Las Vegas Review-Journal

Indigent defense reforms discussed

Proposed caseload caps garner most attention at hearing

By ALAN MAIMON
REVIEW-JOURNAL

Citing skyrocketing caseloads, public defender offices in Clark and Washoe counties may begin withdrawing from cases on ethical grounds, which would force counties to increase staffing at the agencies or find and fund alternatives.

At a second Nevada Supreme Court public hearing on indigent defense, Chief Justice William Maupin asked county managers whether they are prepared to deal with this possible mass exodus by public defenders.

Clark County Assistant County Manager Jeff Wells said the county was looking at hiring more lawyers for Public Defender Phil Kohn's office, despite the county's projected $42 million budget shortfall.

Kohn, whose deputies each handle about 400 felony cases a year, said he would hold off on a decision to withdraw from cases until he sees how the county responds to the Supreme Court's possible adoption of caseload and performance standards.

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    • "We've agonized over this for months," Kohn said. "If the court imposes caseload limits and the county won't give us what we need, we will immediately declare ourselves unavailable."

    If this happens, overflow cases, at least in the short term, probably would go to part-time public defenders, so-called conflict attorneys who generally handle cases the public defender's office cannot because of conflicts of interest.

    That system recently was reformed in response to a Review-Journal series in March about its lack of oversight, but those changes are untested and still being implemented.

    The Supreme Court is expected to spend several weeks deciding how to proceed on a proposal by a commission that spent eight months examining indigent defense.

    The justices can endorse or adopt some or all of the proposals. Many would require legislative approval.

    Assembly Judiciary Committee Chairman Bernie Anderson, D-Sparks, said he is prepared to review the actions taken by the Supreme Court.

    "I'll take what they say very seriously," Anderson said. "Everybody in our court system deserves an adequate defense."

    The panel of jurists, court administrators, and equal-justice advocates was formed after the newspaper series.

    The indigent defense commission's most far-reaching proposals involve caseload and performance standards for public defenders statewide.

    The performance rules, which spell out certain procedures public defenders must follow in all criminal cases, have received no opposition.

    Caseload standards, however, have been the subject of great debate.

    Kohn said at Thursday's hearing that his office would need about 24 additional attorneys over the course of several years to allow each attorney to approach the maximum proposed felony caseload of 192.

    Washoe County Public Defender Jeremy Bosler told the Supreme Court on Thursday that his attorneys have an average of only about two hours to spend on each case they get.

    Caseload caps are opposed by county financial managers, District Judge Stewart Bell, and the Nevada Advisory Council for Prosecuting Attorneys. But national groups including the American Civil Liberties Union have threatened lawsuits if Nevada doesn't make reforms.

    The Supreme Court also heard testimony on Thursday about indigent defense crises in rural counties. The commission has recommended increasing the funding and independence of the state public defender's office to improve indigent defense in those counties.

    Elgin Simpson, a community activist and longtime critic of indigent defense in the state, told the justices that he hopes their work helps lead Nevada's indigent defense system "out of the dark ages."

    In closing Thursday's meeting, Maupin called the discussions "the most important examination of the criminal justice system that has occurred in recent years."

    Contact reporter Alan Maimon at amaimon @reviewjournal.com or (702) 383-0404.

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    undr covr US wrote on December 23, 2007 10:35 AM: Not so much the county but the state...the lack of justice can be even MORE expensive in the long run. Ask Mike Nifong and the State of North Carolina.


    Justice is expensive wrote on December 23, 2007 09:15 AM: The County will not pay for justice. It is simply to expensive.


    wherez cherry? wrote on December 22, 2007 10:51 AM: Wasnt he running the show on indigent defense here?


    just us gate wrote on December 22, 2007 10:31 AM: The state and county receives federal subsidies for the incarceration of an individual for any reason beyond I think, 72 hours.

    In Nevada, PC aka probable cause is all they need to to arrest and hold someone which is a broad term to avoid 'false imprisonment'.

    They love weekends and holidays because there are no courts in session to rule on the 'probable cause'. cha-ching!!!!
    To those who don't know...there is a revolving door in the courts with the same offenders coming and going on a regular basis generating a lot of federal revenue.

    Meanwhile, the accused that are held over usually end up with the pleas, often times without sufficient evidence to convict the accused at trial having effective assistance of counsel.

    Check out the track record of criminal cases in Clark County. The overwhelming majority of cases end up in a guilty plea.

    Citizens need to educate themselves on legal the system to understand what to do in the event they are arrested for 'PC' and the consequences of the charges.

    If you are NOT GUILTY 'as charged', you need to know your rights as well as insist on a trial by jury regardless of who your defense counsel is or what they say until you have the facts of the alleged evidence.

    The system is a racket and everyone in the courts and jail system is party to it.

    If you ARE guilty... hey!! a plea is a good deal.

    Its not rocket science nor new to figure out these people do not care about YOU!!!...and that for the most part, the justice system is not serving the interests of justice, but 'just us'!!!


    nevada wrote on December 22, 2007 09:23 AM: If Phil Kohn really is a hero, he would see to it that every defendent's constitutional rights are protected regardless of the cost.
    'Early Resolution' pleas prepared by the district attorney and presented by the public defender or a creep like Wommer still can be a conflict of interest and a constitutional violation if there is an affect on due process and equal justice.
    The public defender and the district attorney work for the same people, paychecks from the same place, same amount of money.
    Phil Kohn is doing his job. think about it.


    Mamamia wrote on December 21, 2007 07:27 PM: Unless you become acquainted with the court system, and I hope you don't, it is hard to fathom that most indigent defendants really don't stand much of a chance in getting justice. They are mistreated from the get-go and with so many over-jealous prosecutors eager to over-criminalize every act so that they win at all costs, believe me, people, we all wind up paying dearly for rail-roading innocent defendants. Phil Cohn is a hero with the patience of a saint to tackle his caseloads, and God bless all the struggling public defenders who try to serve their clients and the law, superbly!


    Herb wrote on December 21, 2007 03:39 PM: I 100% agree with wiseguy, but maybe the homeless want to go to jail? That way they get tax payer supported shelter and meals.


    Ticked off Tax Payer wrote on December 21, 2007 03:08 PM: When is the public going to WAKE UP.? False imprisonment IS A CRIME. If you are accused of something and arrested.. you will sit in JAIL for 2 years or more until a Public Defender has 5 minutes to threaten you into taking a deal and pleading guilty, even if your not so they don't WASTE THEIR TIME in a trial. If you somehow manage to prove you were innocent, you still have lost at least 2 years of your life.. your job, your home, your car, your family, friends.. public judgement.. etc.. you can't get that time back... If the Police and Public Defenders were held accountable for FALSE IMPRISONMENT, perhaps they would try a little harder to make sure they are doing 'the right thing' and not just 'what they have time for'. Its a total waste of tax payers money to fill the jails when our justice system is so badly damaged.


    close ties wrote on December 21, 2007 09:53 AM: Arent 'wise guys' usually associated with racketeering?

    Maybe you just haven't been arrested YET.


    wiseguy2235 wrote on December 21, 2007 08:33 AM: hey homeless, don't urinate/deficate on the street, step into traffic to beg for money, use drugs, and harass people at starbucks, then you might not get arrested.

    or try getting a job, and working for a living like the rest of us (who, have NEVER been arrested)


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