2002/06/03 RESOLUTION OF HCBOC IN OPPOSITION TO CREATION OF PUBLIC DEFENDER OFFICERESOLUTON OF HARNETT COUNTY BOARD OF COMMISSIONERS
IN OPPOSITION TO CREATION OF PUBLIC DEFENDER OFFICE
WHEREAS, it has been proposed that a Public Defender Office encompassing Wake,
Harnett, Johnston and Lee County be created; and
WHEREAS, a high quality of legal services is already provided to the indigent
defendants in Harnett County under the current system of indigent defense; and
WHEREAS, many experienced and qualified attorneys currently accept indigent
appointments in Harnett County; and
WHEREAS, the creation of the proposed Public Defender office would not improve, and
would likely harm, the quality of defense provided in indigents in this County; and
WHEREAS, there is no economic or fiscal justification for the creation of a public
defender office in Harnett, Johnston or Lee Counties; and
WHEREAS, linking the provision of indigent legal services in this County with the
provision of services in Wake County would undoubtedly work to the detriment of the efficiency
of the courts of Harnett County; and
WHEREAS, the creation of a public defender office would compromise the
independence of the defense bar of this County, and thereby undermine the constitutional
requirement to provide a full and fair defense to indigents.
NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of
Commissioners is opposed to the establishment of a public defender office for this County, and
that the Board requests that the elected Legislative and Judicial officials serving Harnett County
also oppose the creation of such an office.
Adopted this 3rd day of June, 2002.
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ddyVdyrcT—Cldirman
Kra ce B. Hill, Vice Chairman Dan B. Andrews
Walt Titchener Tim McNeill
'"+0 $U C' 51a810 a
MOBGAN, REEVES & GILCHMST
A=oO N=s AT LAw
IOI BAST FRONT STREET
P.O. Box 1057
ROBRBT B. MORGAN LIL NGTON. NORTH CAROLINA 27546
MARY MORGAN REEvES
C. WL STON GILCHRIST
23 May 2002
Mr. Neil Emory
County Manager
P.O. Box 759
Lillington, NC 27546
Re: Establishment of Public Defender Office in Harnett County
Dear Neil:
RECEIVED
MAY 2 B 2002
HARNETT COUNTY
MANAGER'S OFFICE
TELEPHONR (910) 893 -5131
FACSLMIILE (910) 893-4008
Enclosed please find the Resolution in opposition to the establishment of a public defender
office passed unanimously by Harnett County attorneys which we discussed by phone on Tuesday,
May 21. Also enclosed is an article providing background on the proposal. You will note that if
enacted this measure will result in expenses for office space and related overhead being shifted to the
County.
I hope that you will discuss this situation with your Commissioners. A Resolution from the
Commissioners in opposition to the proposal which could be sent to our representatives in Raleigh
would be most helpful.
Thank you for your attention to this matter. If you need additional information, please let me
know.
C. Winston Gilchrist
CWG /tw
Enclosures
mighM
cut costs
Defense lawyers
clpi ie proposal
BY ANDRE9 WE1GL
STAFF WRITER
RALEIGH - State officials looldng
to save money on legal represen-
tation for poor criminal defen-
dants are considering creating a
public defender's office to cover
Wake, - Johnston,- Harnett"and"Lee
. counties> "
The savings to the state over
two years for the multicounty —pub�-
<lic defender's office:would amount
t'o about $1 INSIDE
million, said
Tye Hunter, ex- MISTAKE: A -
ecutive direc- man soends
for of the Of- extra months in
fice of Indigent jail after a clery
Defense Ser- cal error.: 38
vices.
Currently, in-
digent cases in those counties are
assigned to private criminal de-
fense lawyer .
The four counties are among
14 across the state being consid-
ered for public defender's offices,
which Hunter said would save a
total of $4 million.
."My. hope is we can have the
highest quality legal representa-
tion and'the best use of the tax-
payers' dollars," Hunter said. "
However, criminal defense
lawyers in Wake and Johnston —
who stand to lose out on court -ap-
SEE DEFENDERS, PAGE 76
`I "fT INEEK & OBSERVER
T11HURSDAY, MAY. 16, 2002
CONTINUED FROM PAGE IS
Pointed fees if public defender's
offices are created in their cour-
fiac — cay.Hnnter.'c`ac6matad
the state's budget - crisis, which
has resulted in withhofding
money from counties, manv of
ficials wonder whether, now is
the time for such a prcposal.
on indigent defense would-be -
met with a.lot.of opposition at
this time," said;State Rep. -Bob'
Hensley, a:Raleigh, Democrat
who also is a criminal. defense
lawver:'`Because of the badge t
crunch, we're making cuts. to
many worthwhile programs.."
four local counties.
.q cei`amly have strong reser-
vations about any.pr6posal'to
create a multidistrict public de-
fender's office, which would lump
the '11th .[judicial] `District *in
with the 10th District," said Tom
Lock, the'district,attoriney for
.the 11th Distr cf coveriig Har
nett, Lee and Johnston counties.
I g eaty.fear "the 11th District
would get.the short end of the
Brick."
The i0th District is composed _
entirely of WAe. County, where
the yearly criminal-caseload of
more than 5,300 cases equals
the other three counties' case-
loads combined. .
Another proposal for a public
defender's office serving only
Wake would save $745,000 over
two years, Hunter said.'But,
u Last week, Hunter sent letters
to court system officials and
lawyers inall the affected coup=
ti es.asking,to discuss the,pro -.
posals. Hunter said he.hopes to
wrap up discussions.wifhin the
nextSivo months before takinga
final proposal to state lawmakers.
public,defender's offices can't
provide the same quality of legal
representation as the.experi
.enced priy-ate bar for the same'
amount of money. They say pub -
lic de- ender's'offices'are often
staffedby recent law school grad
uates who aren't a s.ekperienced,
plus the private defense bar cure
renth the overheadcosts
that the sate fs "proposing the
counties now incur.
"I think we've. demonstrated
we provide a higher quality "of.
representation at a lower, cost
than a public "defender would be
able to; min
" said Raleigh crial
defense lawyer Logan Howell.:
Although lgcallawyers defend'.,
.the quality of,Iegal represenia-.
tion'they -have been oravzding,
ayearf9r331awyersandi7sup -' the - current system.•.lust this
port stair, plus office equipment. week, Raleigh lawyer Tommy."
The first vear's savings would Manning concluded an overhaul
amount to $177,000; the second , of the lawyers eligible to be as-
year- would be $904;000.. " - signed to cases: based on the'
The Wake,only proposal would legal experience and the seri-
cost 52:5- million a. year for 24 ousness of c :urinal charges.
lawyers, l2,supporis`aff and of- Several lawyers erne off the
ficeegpipment!,.The firk year, appointment lsts after failing to
$!05,000 would be saved; the comDiy.with requirements that
second,year,1640 ;000.. In fiscal• Manning requested after dis-
th' d as about each
year 2001, the appointed system
"lake cost he s ate $3.7 mil-
lion, Hunter said.
Hunter noted that the cost sav-
e into :account still hav,-
mg tonay pr vate lawyers to rep
resent some.defendants when
the public defenders`could_ not_
because of.confiicts with code;
fendants.
However, defense lawyers say,
cu s,or., w 7u g a
lawyers' performance.and quali
fications: Officials said the "
changes were needed because of
complaints thai lawyers weren't
visit ng clients in.jail and were
m ss ng court dates.
.Staff writer Andrea Pleigl -
can reached it 829=4848
or aweigl@newsobservercdn..
_ti e
RESOLUTION OF HARNETT COUNTY BAR IN OPPOSITION TO CREATION OF
PUBLIC DEFENDER OFFICE
WHEREAS, it has been proposed that a Public Defender Office encompassing Wake, Harnett,
Johnston and Lee Counties be created; and
WHEREAS, a high quality of legal services is already provided to the indigent defendants
in Harnett County under the current system of indigent defense; and
WHEREAS, many experienced and qualified attorneys currently accept indigent appointments
in Harnett County; and
WHEREAS, the creation of the proposed Public Defender Or—rice would not improve, and
would likely harm, the quality of defense provided to indigents in this County; and
s
WHEREAS, there is no economic or fiscal justification for the creation of a public defender
office in Harnett, Johnston or Lee Counties; and
WHEREAS, linking the provision of indigent legal services in this County with the provision
of services in Wake County would undoubtedly work to the detriment of the efficiency of the courts
of Harnett County; and
WHEREAS, the creation of a public defender office would compromise the independence of
the defense bar of this County, and thereby undermine the constitutional requirement to provide a full
and fair defense to indigents;
BE IT THEREFORE UNANIMOUSLY RESOLVED that the Harnett County Bar is
opposed to the establishment of a public defender office for this County, and that the Bar requests
that the elected Legislative and Judicial officials serving Harnett County also oppose the creation of
such an office.
BY THEIR SIGNATURES affixed hereto the following members ofthe Harnett County Bar
express their individual support for his Resolution.
SO RESOLVED this day of 02.
k4VV
C. Winston Gilchrist
President of Harnett County Bar
NE, THE UNDERSIGNED A'IEn1BERS OF THE HARNETT COUNTY BAR, ARE
OPPOSED TO THE ESTABLISHMENT OF A PUBLIC DEFENDER OFFICE IN
i,
BARNETT COUNTY
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