State-Journal.com - Public defender clients may have to pay for court services

Some clients should expect to pay between $250 and $500 if they are appointed a public defender in court.

Since at least 2002 a Kentucky law has allowed judges to assess a partial fee to recoup some of the cost of providing clients with an attorney.

Local judges say they’re using that provision more and more given the current budget crisis.

The Department of Public Advocacy recently sued the state for more money it said was required to keep operating.

The case was dismissed ,but lawmakers were unable to agree on an additional $4.7 million to keep public defenders working at least until June 30.

Some believe Gov. Steve Beshear has the authority to give the $4.7 million to the state’s public defenders without the legislature’s approval.

Damon Preston, director of public advocacy’s trial division, said the agency typically receives about $1.5 million from recoupment fees.

“Philosophically, people who can pay should contribute to the system,” Preston said. “However, people who can’t pay shouldn’t be assessed. People have a constitutional right to representation.”

The average caseload for public defenders is approaching 500, according to the Associated Press – beyond the standard of what’s considered ethical.

So far, Preston says he hasn’t seen increases in recoupment fees - his office doesn’t request that a fee be assessed, that’s left up to the judge.

“It may be $100 or $200 - clearly not enough to hire a private attorney, but it helps fund our agency,” he said. “Some judges may be using it more.”

Franklin Circuit Judge Philip Shepherd says he’s always had the option of assessing a fee, but said he’s using it more often now because of the budget crisis.

“We are all paying attention to costs more now,” he said.

He said the issue is becoming common because more are seeking the services of a public defender because they have lost their job or had their wages cut. Anyone seeking a public defender must fill out an affidavit of indigence.

Franklin Circuit Judge Thomas Wingate said $500 for a felony case and $250 for a misdemeanor is a fair fee.

“We’re having to try and make ends meet where we can,” he said. “I think our public defenders do a tremendous job and I know they are overworked.”

He said it’s usually only assessed against someone who gets probation and is thus free to continue working. He usually assesses a fee in three or four cases every week, Wingate said.

“It’s a case by case determination,” he said. “If you are represented by a public defender and are working somewhere you should have to pay.”

The fees are usually a fraction of what it would cost a client to hire a private attorney, who sometimes demand around $2,000 Wingate said.

“The working poor are already maxed out,” he said. “They can’t get a loan for $2,000.”

If clients receive probation, Wingate said they are able to pay the recoupment fee over the period of their probation, usually one to five years.

The majority of clients, 85 to 90 percent, who are assessed a recoupment fee can pay it, Wingate said.

“I don’t know anyone who complains about it,” he said.

4.	Posted by spacestation50 April 13, 2009
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