JPs say no to funds for public defender

Quorum Court: It’s a state obligation

The Pulaski County Quorum Court on Tuesday denied a request from Public Defender Bill Simpson to fund one additional attorney position.

The position would have been added to the Pulaski County public defender office's 26 full-time and six part-time deputy public defenders, who each handle an average of 300 felony cases annually -- twice the maximum caseload recommended by the National Advisory Commission on Criminal Justice Standards and Goals.

After the Quorum Court's meeting, Simpson called the decision "disappointing," and said he'd carry on his work without any other foreseeable options for additional funding.

The decision on Tuesday ends a monthslong discussion over using county funds to pay for public attorney positions, which are typically state-funded. In April, Simpson and Prosecuting Attorney Larry Jegley submitted a joint proposal to fund one additional attorney position in each of their offices to satisfy staffing needs in the 6th Judicial Circuit's drug treatment and veterans court.

But their joint proposal, which would have allotted $110,312 of county funds for salaries and benefits until the end of the year, died in the Quorum Court earlier this month. Quorum Court members aired concerns that the deal would create an unwanted precedent of using county dollars to fulfill state financial obligations.

Funding for public defenders and prosecuting attorneys is determined by the Arkansas Legislature. In the last regular legislative session the state's Public Defender Commission -- which lobbies on behalf of public defender offices throughout the state -- requested the state fund 46 defender positions statewide. Funding for three positions was awarded, none of which was in Pulaski County, said Commission Executive Director Gregg Parrish.

Without other options at his disposal, Simpson went back to the Quorum Court in mid-June to seek funding for a public defender position exclusively. His new proposal, which the court denied Tuesday, asks for $54,304 for salary and benefits until the end of 2016. He described it as a temporary measure, or a "bridge," until the commission could petition the state for continued funding during the 2017 legislative session.

During the Quorum Court's agenda-setting meeting earlier this month, some members appeared to warm up to his request while others stuck to their original line of reasoning.

"Our biggest expense here in this county is our jails. If you cannot be publicly defended, if you do not have adequate defense, you go to jail," Justice of the Peace Julie Blackwood said. "Who has to pay for the jail? Us. So it all falls back on us when they can't defend these people. Why don't we think forward? Why don't we spend the money up front and not put these people all in jail?"

Justice of the Peace Lillie McMullen, however, worried that state lawmakers may be less inclined to pick up the funding later if the county was already fulfilling the expense.

"It would probably benefit you to be able to tell the Legislature that you have tried to shake as many trees as you can to get this funded, including going before the Quorum Court," McMullen said. "So that means if you can go before the Legislature and tell them that you have already tried this and it has not been funded, the probability of them supporting you would be greater."

The Quorum Court also expressed skepticism over the prospect of creating a position without certainty that the state would decide to pick up the tab during the next legislative session.

Simpson responded by pointing out a candidate for the position who recently finished law school in the top 10 percent of his class and who was, according to Simpson, ready to take the job.

Moreover, the preselected candidate is a veteran, he said, "and who better to serve in veterans court?"

It was a hard decision for the court to make, said Justice of the Peace Phil Stowers.

"I get really concerned as a fiscal conservative when I see the county being asked to take on some of the responsibilities that the state has agreed to fund," he said after the meeting.

Metro on 06/29/2016

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