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Feb. 28, 2008
Copyright © Las Vegas Review-Journal

County asks court to delay new rules

THE ASSOCIATED PRESS

RENO -- Washoe County commissioners are asking the Nevada Supreme Court to delay a new order dealing with legal representation for indigents because of cost concerns.

The board Tuesday also favored asking Gov. Jim Gibbons to call a special legislative session to deal with the funding crisis created by the new rules, scheduled to take effect April 1.

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    • The measure requires public defenders to explore fully the cases of indigent clients before making any deals with prosecutors.

    John Berkich, assistant county manager, said the cost to the judicial system will approach $7 million to $10 million a year for more public defenders and staff, more district attorneys and staff and "tens of thousands" of more days in jail for defendants.

    Commissioner Dave Humke won support for a draft letter from the district attorney's staff and another letter to the Supreme Court seeking a delay of the order until July 1, 2009.

    The Supreme Court order requires public defenders to report to county commissions when they no longer can take more cases. Then the counties would be required to hire more lawyers.

    District Attorney Richard Gammick said he is unsure he can find the 10 lawyers and support staff to expand his office on such short notice.

    County Public Defender Jeremy Bosler told the commission that each lawyer in his office handles about 500 cases, spending an average of two to four hours on each case.

    "We have done very well," he said of his staff of 32 lawyers. "At some point, there's going to be a problem. I'll give the county as much notice as I can."

    The new rule ends the county's practice of early case resolution, in which a public defender and prosecutor come to a plea agreement within 72 hours of an arrest.

    Clark County also seeks relief from the court order, Berkich said. The other 15 counties pay the state public defender's office to represent indigents.



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    UpTheMiddle wrote on February 28, 2008 07:19 PM: So, the public defender up north, and Phil Kohn down south, both now complain about the new rules that Phil Kohn was instrumental in effectuating?

    Reporter Alan Maimon's sloppy articles will end up costing the taxpayers millions of dollars. Under the new system, defense attorneys with no experience got contracts and one of the persons sitting on the committee got a contract. Is that an appearance of impropriety? Why no article by Maimon?

    All this ballyhoo about "overhauling" the system is laughable. Maimon was kicked out, or not let in, at the meeting where all these changes occurred. And his buddy Phil Kohn, did he do anything to let Maimon in?

    Here's the best part, and no article about it by Maimon: an entirely new system goes into effect in May. I heard former public defender Drew Christiansen gets to decide who gets appointed on indigent cases. Drew Christiansen was written about in the Las Vegas Sun on a case he handled where Federal judge Roger Hunt said Drew's ineffective assistance of counsel resulted in an innocent man spending at least ten or 15 years in prison. How much money do you think this mistake by a Clark County Public Defender will cost us taxpayers? The last PD to screw up, Thom Rigsby, got himself and the public defender's office sued and lost to the tune of $5million, for a guy who did one year in prison. So Drew Christiansen's case will cost what, about $15Million?. And again, who decided Drew Christiansen was qualified to pick who is competent to represent public defenders?

    Sounds like there might be no money left in the county coffers after Dominic Gentile, attorney for the innocent man, gets through with Phil Kohn's office.


    endrun wrote on February 28, 2008 10:15 AM: new evidence for the Department of Justice further supporting evidence alreday on file.


    endrun wrote on February 28, 2008 10:11 AM: 'The measure requires public defenders to explore fully the cases of indigent clients before making any deals with prosecutors.'

    This is guaranteed by the sixth amendment and affirmed in the landmark case Strickland v Washington.

    'The new rule ends the county's practice of early case resolution, in which a public defender and prosecutor come to a plea agreement within 72 hours of an arrest.'

    ...to 'explore fully the cases of indigent clients...before making any deals with prosecutors.'

    Covered under 14th and 5th amendment guarantees and Brady v Maryland

    In other words violations have been occuring in total disregard of Constitutional and federal law.