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Home My WebLink About2002/06/03 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. I� 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 &4&ice r 4 ( N ll�