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Shortage of public defenders panned

Clark, Washoe counties lack sufficient attorneys, research groups say







Clark County has too few public defenders to adequately represent indigent defendants accused of crimes, according to a report released Wednesday.

The report by the Spangenberg Group and the Center for Justice, Law and Society at George Mason University said Clark County needs 31 to 90 more full-time public defenders. The county currently has 98.


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  • The report, which was commissioned last year by Clark and Washoe counties, also found that Washoe County has a severe public defender shortage.

    The findings pave the way for possible implementation of caseload limits for public defenders, an idea the state Supreme Court put on hold pending completion of the report by the legal research groups.

    Based on an hour-by-hour analysis of public defender workloads in the state's two biggest counties, the report is clear about the consequences of understaffing:

    "None of the public defender agencies in these jurisdictions is able to provide competent and diligent legal services to all of its clients due to a substantial excess number of cases and an insufficient number of staff."

    The Spangenberg report is the third report since 2000 to examine the Clark County public defender's office. During this span, the American Civil Liberties Union and other groups have expressed concern about the constitutionality of indigent defense services in the county and state.

    The latest report says that Clark County public defenders each handle about 215 felony cases per year, a number that far exceeds American Bar Association standards and the caseloads of other public defenders around the country.

    Though the 59-page report falls short of proposing specific caseload caps, the Supreme Court is now faced with an easy choice, said David Carroll, research director of the National Legal Aid & Defender Association.

    "These numbers show the Supreme Court is perfectly able to take the final step by setting caseload standards," he said.

    The only alternative to that, Carroll said, is to allow overburdened public defenders to start refusing cases.

    Clark County Public Defender Phil Kohn said Wednesday he planned to meet with county management about the Spangenberg report. He declined to say whether he's considering refusing cases.

    County Commissioner Chris Giunchigliani said the county needs to explore alternatives besides adding staff at Kohn's office.

    "We also have to look at ways to streamline the court system," she said.

    For nearly two years, the Supreme Court and an indigent defense commission formed by the court have debated issues including performance standards and caseload limits for public defenders.

    The commission was created after a Review-Journal series in March 2007 about flaws in Clark County's indigent defense system.

    Last October, the state's high court adopted a detailed set of performance guidelines that went into effect in April. The Spangenberg report lauds these guidelines as possibly "the most extensive and comprehensive" in the country.

    The Spangenberg analysis of caseloads was conducted before the performance guidelines were implemented, however.

    "It doesn't take a rocket scientist to figure out that there will be an even greater need to properly staff public defender offices now that these performance standards have kicked in," said Gary Peck, executive director of the ACLU of Nevada.

    Carroll, who advised the Supreme Court's indigent defense commission, said part of the solution to the caseload crisis is more financial support from state government.

    The annual cost of public defense in Nevada is almost $45 million. About three-quarters of that is paid by Clark County for its public defender system. The state pays only about $2.5 million of the cost of indigent defense in all of Nevada.

    Federal Public Defender Franny Forsman, a member of the Supreme Court's indigent defense commission, said the Spangenberg report is further evidence that Nevada needs to fix problems with public defense.

    "The report says people aren't being adequately represented in Clark and Washoe counties," she said. "In other words, there are people going to jail today because there are insufficient resources to adequately defend them."

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

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    Not buying it! wrote on July 10, 2009 11:05 AM: Sounds like most of the comments are from DA's and PD's, both of whom have spoiled "kid-like" personalities working for them. You whine about pay and case loads when both receive good pay and the kind benefits that most people in the private sector would gladly take pay cuts to have. Stop crying about not getting your "entitlement" raises when the average non-government worker is concerned about keeping their job in this economic environment, let alone receiving a raise. Sure the justice system needs to be fixed. Sure the indigent need protection. Clearly the DA has more resources than the PD. That's what society has chosen. Have the public discourse and change it collectively if you want. That's all fine. But stop your whining about your pay and how overworked you think you are. It's "public service" and that's never been easy, and never will be! If you don't like it, there are alternatives that I'm sure are available to you.


    I think that I am unbreakable(aka Mr Burns) wrote on July 09, 2009 08:26 PM: Hey "who was at fault" he was never found guilty, just had alcohol in system when arrested, get it right. And to you "Jack is Right", wait until you or someone that is close to you is a victim of a crime, lets see if you have the same belief


    ET wrote on July 09, 2009 05:44 PM: How wonderful,the justice system employs many people.Wonder if it has staying power ? Many States are legalizing pot,do you think it will help to tax pot,too ? The DEA appears to be useless in the war on drugs,they say drugs are as plentiful now as in the past,are we losing the war on drugs ? Something needs to change to free up the Lawyers and cells in the prisons.Why not make the Mob Museum a new Prison ?


    Experience Matters wrote on July 09, 2009 04:40 PM: How many experienced attorneys do you think an office can hire to handle a crushing caseload for a $60k starting salary?


    joe wrote on July 09, 2009 03:16 PM: Phil Kohn doesn't like to hire attorneys with experience, so he waits until the newbies graduate & hires them. Take a look at the roster--hardly any experienced attorneys. It's etrocious.


    Jack is Right wrote on July 09, 2009 03:10 PM: Jack is right about one thing. Our judges are not the second prosecutor on most cases. On most cases, they're the lead prosecutor. The actual in-court DA just stands there while the judges actively seek ways to thwart the defense. The judges' latest trick is to deny jury instructions that explain the law favorable to the accused so that the jury can't even consider the defense.


    who was at fault ?? wrote on July 09, 2009 10:53 AM:

    police drive 109 mph and crash into a guilty person ?




    ..........................






    Jack Fletcher wrote on July 09, 2009 10:49 AM: First Matt, double check your information. Not every bargaining unit in Clark County took pay cuts or a reduction in Cost of Living. Second, Matt I guess the DA's office would be a miserable place to work if you wanted an easy job or was lazy, sorry it did not work out for you. I know District Attorneys that spend at least 60 hours a week working cases. They could make more money just sitting around in the private sector billing clients over the phone. Third, Matt if you spent anytime signicant time in a courtroom, the Judges we have are the farthest thing from a "2nd Prosecutor".

    Do not get me wrong, I believe that everyone is entitled to a defense, and if you cannot afford an Attorney you should have government assistance.

    Maybe the Public Defenders office would not be so busy if they were not coming into work at 9:00am, leaving at 4:00pm, sitting outside smoking in front of their offices, or taking two hours lunches. Don't believe me? Check it out 309 South 3rd street. And that is if they are not being arrested for Possession of Controlled Substances, Coercion, Domestic Battery, Burglary, Possession of Stolen Property, DUI, Obstruction (all separate incidents).


    Matt wrote on July 09, 2009 06:53 AM: DAs are complaining about this? They are the ONLY agency with COMPLETE control over their own workload, yet while they overcharge in nearly every case, they complain about their own caseload and SUE over a 1% raise when everbody else is getting laid off, taking cuts or at least getting no raise. DAs have been spoiled with raises for 2 years where their PD counterparts have got nothing. This is an independent agency, hired by Clark and Washoe counties to give objective data. The PD didn't generate this study, nor did the PD ask for this study.

    Anyone who is curious should be encouraged to observe for themselves in the court system. PDs scraping to fight not only the DA, but in many cases the judge who is a 2nd prosecutor in the courtroom, filing motions that any client would expect in the defense of their case but being criticized by DAs for simply doing the job. DAs relying on Metro for investigation and charging decisions, not even speaking with victims or witnesses until the morning of a preliminary hearing and/or trial, making last minute offers on cases that should have resolved and forcing deals in cases where they lack evidence.

    DAs should be careful where they throw stones. Their office is a miserable place to work and there are just as many, if not more DAs who are absolute slackers and sad excuses for criminal litigators. You don't want to know what your DAs are doing when no one is looking. You DO want prosecutors and public defenders who work hard to ensure a just result. Give BOTH SIDES the resources to do it right or it will cost us all more in the long run.


    OhYeah wrote on July 09, 2009 06:18 AM: Anyone who actually knows how the PD's office in Clark County works would know that the PDs have far too much time on their hands. This is evident by all the frivolous motions they file in the cases that they actually keep and don't get rid of by alleging that there is a conflict of interest. They are most certainly not overworked.


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