GENESEE COUNTY PUBLIC DEFENDER S OFFICE 2017 PROGRAM BUDGET

GENESEE COUNTY PUBLIC DEFENDER S OFFICE 2017 PROGRAM BUDGET ORGANIZATIONAL CHART Public Defender Senior Assistant Public Defender Criminal Trial Program Investigator Family Court Program Clerical Staff Case Management Genesee County Court Felony Representation Batavia City Court Misdemeanor Representation Treatment Court Adult Representation Jail Management Town and Village Courts Misdemeanor Representation Parole Violation Representation Juvenile Representation Treatment Assessment and Referral Treatment Court Support DEPARTMENT DESCRIPTION The Public Defender s Office exists pursuant to Constitutional and Statutory mandate (Sixth Amendment s Right to Counsel and New York State County Law Article 18-a). The Public Defender s Office provides legal representation to: 1. Indigent individuals charged with offenses, misdemeanors and felony crimes in the criminal courts of this County, 2. Indigent individuals charged with violations of Parole and Probation, 3. Indigent individuals accused of being fugitives and wanted by jurisdictions outside of New York, 4. Indigent individuals who are parties in proceedings before the Family Court of this County dealing with issues of parental rights 1 or the loss of liberty, 5. Juveniles petitioned to Family Court with regard to allegations of Juvenile Delinquency or being a Person In Need of Supervision 2, and 6. In certain specific situations, indigent individuals appearing in Supreme and Surrogate Court matters. The Department benefits the clients by providing zealous representation, the justice system by fostering efficient administration of our services and the community as a whole by safeguarding the rights of the indigent accused citizens and non-citizens. The Department guarantees that the right to counsel for the above clients is meaningfully provided. The office identifies collateral needs of the client, such as mental health or substance abuse 1 These proceedings include child custody and visitation, child neglect and abuse, adoption and permanent loss of parental rights. 2 This non-mandated representation is by contract with the New York State Unified Court System and is estimated to generate $79,100 in revenue for the Department in 2016. 1

treatment and arranges treatment referrals for the same in the attempt to address the issues that resulted in their involvement in the criminal justice system. County Government achieves cost savings by the provision of mandated legal services at less cost than alternative means of delivery, such as an entirely assigned counsel program, and through jail management by the office advocating and facilitating alternatives to incarceration. The largest portion of the caseload of the office by far is generated by referrals from the Criminal Courts. Through August 11, 2016, 4 attorneys represented 877 clients in the Criminal Courts. Projected through the end of 2016, this could result in a per attorney caseload of over 375 clients per year, which is in excess of accepted caseload standards. As the primary indigent defense provider for the county, we have been given the criminal trial level representation program, and as such, we must represent any client referred by the Courts who is financially eligible and presents no conflict of interest. Thus we have no means of controlling caseload. The cost of this program is partially funded through the New York Office of Indigent Legal Services Distribution Grants 3. The Family Court program is staffed with two attorneys at a salary and benefits cost of $190,566 for 2016 and is partially funded by state contract and Indigent Legal Services Fund (ILSF) grants 4. Through August 11, 2016, 2 attorneys represented 142 clients in the Family Court. Projected through the end of 2016, this could result in a per attorney caseload of 135 clients per year. Due to the nature of Family Court representation, accepted standards call for lower caseloads than in the Criminal Courts. This projected caseload is still of concern. Again as the primary indigent defense provider for the county, we have been given the Family Court representation program, and as such, we must represent any client referred by the Court who is financially eligible and presents no conflict of interest. Thus we have no means of controlling this caseload either. Because the office cannot control caseload, and has over the past ten years done as much as possible to manage costs including cutting staff by 1.5 FTEs in the last three years, we are at a point where further cuts cannot be made without cutting personnel. Further personnel cuts cannot be made and still provide constitutionally mandated meaningful legal representation with the current caseload. There is no fiscally sound alternative to maintaining adequate staffing in the Public Defender s Office. In 2015, the Genesee County Legal Assistance Corporation (GCLAC) assigned counsel to represent 316 Family Court clients at a cost of $246,211.25 and 222 Criminal Court clients at a cost of $128,343.31. The average Family Court Assigned Counsel voucher was $624.90 and the average Criminal Court Assigned Counsel voucher was $686.33 5. By comparison the cost of representation per client in the Public Defender s Office was $522.91 in 2015. That per 3 $363,327 in 2016 (adopted budget) 4 $ 79,100 in 2016 (adopted budget) 5 Statistics provided by Genesee County Legal Assistance Corporation. 2

client cost is based on actual gross expenditures before revenues. The cost per client based upon the actual 2015 net budget after revenues was $404.85. One possible answer to fiscal realities is to seek additional outside funding. Through 1998, the Department relied solely on county funding and had no outside revenue, a truly unfunded mandate. In 1999, the Department entered into a juvenile representation contract with the Unified Court System, which generated $9,385 in revenue that year. In 2005, the county received its initial distribution through ILSF in the amount of $158,130.39, all of which was applied as revenue against the GCLAC Assigned Counsel budget and none of which was applied as revenue against the budget of this office. By 2010, the county s ILSF distribution had grown to $222,800.00, of which $137,069.00 was distributed to this office. Since 1999, the total State revenues to the County have grown from $9,385 to $202,756.31 (2012 actual budget). ILSF funding, throughout its history, has not been program directed but rather a block of money given to the counties to spend as the counties saw fit as long as it was spent for indigent defense and did not supplant county spending. With the establishment of the New York State Office of Indigent Legal Services (ILS), the trend of growth in ILSF funding will end. The ILS statute now freezes ILSF distributions to the counties at the 2010 level. The ILS statute requires that in the future ILSF monies be distributed by targeted grants in support of innovative and cost effective solutions that enhance the provision of quality indigent legal services, including collaborative efforts serving multiple counties. In 2011 this office applied for and was awarded a $24,486.00 grant which completely offset the 10% reduction. In 2012 this office was awarded a three year grant which will bring $55,700 in revenue each year over the three year grant, which will completely offset the 25% reduction. The major portion of this grant helped fund a regional appellate office in Western New York. The appellate services are administered by Legal Aid of Buffalo, which had agreed to accept 54 appeals per year from Genesee County from June 1, 2012 to May 31, 2015. This grant eliminated the cost to the county of this mandated appellate service while insuring the service was provided. In 2013, this office applied for and received a further three year grant which brought in an additional $55,700 in revenue each year over the three year grant. In addition, grant money has been requested and received for the funding of an in-house investigator and additional case manager. Our investigator is fully funded through ILS Distributive and Competitive grants. Our new case manager is fully funded through an ILS Competitive grant. Going forward, we will actively seek Distributive grants which will be offered by the ILS Office, which will be targeted at providing caseload reduction, counsel at arraignment and appellate representation. In 2015, we requested and received ILS grants totaling approximately $111,400.00. In 2016, we will be requesting and receiving ILS grants totaling approximately $55,700.00. We will also seek all possible available funds for reimbursement of representation of indigent parolees facing parole violation charges. 3

Due to the award and maintenance of the above limited funding streams, the budget reductions made by the office in the immediate past years, the savings to the county as a result of retirement of higher paid staff and the caseload of the office which will unquestionably increase with the State s new mandated eligibility standards set to take effect in 2017 which cannot be handled with any less staff but by possibly more staff, it is respectfully requested that our requested budget be adopted. GENESEE COUNTY PUBLIC DEFENDER S OFFICE STRATEGIC FRAMEWORK Mission It is our mission to provide zealous advocacy within the framework of a broad vision of public defense work, to view clients not as "cases," but as whole people: caring parents, recent immigrants, native New Yorkers, workers and students with hope for the future. We are committed to working with our clients, their families and their communities to address the critical issues that circumscribe their lives, whether defending a client's rights and liberty, connecting them to mental health services and substance abuse services for the first time or once again with a better support system, or encouraging individuals to engage in the civic life of their community to help insure that they will live and work in the community without violating the law. Key 2016 Accomplishments The office has continued its aggressive stance towards alternative to incarceration issues and treatment intervention, including continued support of a Veterans Track in Batavia City Drug Court, Mental Health Court, DWI Court and Judicial Diversion of authorized County Court felonies. Our aggressiveness has been hampered this year due to the loss of our veteran case manager, who has not yet been replaced. The Public Defender participates on the Criminal Justice Advisory Counsel and is a member of it subcommittee studying the costs associated with incarcerated females in this county, is a longstanding member of the New York State Defender s Association, is a member of the National Public Defender s Association and the New York State Chief Defenders Association. In the past our office staff members have participated in training programs for the Rural Police Training Academy and the New York State Bar Association s High School Level Moot Court Program. We were limited in our ability to do such outreach this year because one of our assisted public defenders left the office and a new attorney joined our staff last month. The office, in partnership with the Monroe County Public Defender s Office, the Erie County Assigned Counsel Program and the New York State Defenders Association, joined in the 4

implementation of an Advanced Trial Skills training program for assistant public defenders in the 7 th and 8 th Judicial Districts. The office has a history of community outreach with the recently retired Public Defender s participation on the Boards of Directors of the Mental Health Association, GCASA, and the Genesee Veterans Support Network. Key 2017 Goals The primary goal of the Public Defender s Office is, and has to be, to provide the best possible representation to each individual client and to guarantee the protection of the individual client s rights. By doing so, the integrity of the system as whole is upheld. In order to provide the highest level of representation, it will be our goal to continue to increase supervision and in-house training as well as to continue to meet or exceed legal education requirements for the staff. The entire office will be cognizant of the financial issues facing the County and as county employees we will seek to develop means of meeting our obligations to our clients in the most financially responsible ways possible. We will continue to focus, where appropriate, on alternatives to incarceration, both pretrial and dispositional, with a particular emphasis on treatment alternatives. To further this end, we will continue to explore better methods for the system as a whole to identify low risk offenders (both current risk to the community and risk of recidivism) who would be appropriate for alternatives to incarceration. This effort is formalized through our participation on CJAC and our relationship with outside agencies. The Office, in conjunction with the County Manager s office, will prepare and file with the Indigent Legal Services Office an application for one non-competitive grant in 2016. This grant will allow the Office to provide enhanced services to clients and the residents of Genesee County at no additional cost to the County and its taxpayers. We will continue to advocate for system approaches and dispositions that seek to address the root causes of crime on an individual basis and reduce recidivism. We will continue to explore means of meeting the needs of those veterans represented in Genesee County in a way that will both recognize their service and help them to better reintegrate into the community. We will be taking advantage of the available resources of the New York State Defenders Association s Veterans Defense Program in achieving those needs. We will continue with our outreach to other community agencies and area defense programs and providers in order to enhance our services and to develop interagency collaboration and regional approaches. 5

BUDGET SUMMARY Appropriation Adopted Actual Adopted Estimated Adopted By Object 2015 2015 2016 2016 2017 Salary/Fringe 849,056 828,745 858,316 777,866 792,402 Equipment 0 0 0 0 Contractual 131,928 107,787 156,745 107,872 155,697 Total Appropriation 980,984 936,532 1,015,061 885,738 948,099 Revenue 418,833 211,449 422,383 290,620 316,872 Net County Support 562,151 725,083 592,678 595,118 631,227 FTE s 11 11 11 11 11 BUDGET HIGHLIGHTS 1. 1010 Personal Services It should be noted that one Family Court Assistant Public Defender position is 88% funded by NYS Office of Court Administration Attorney for the Child Contract and 12% funded by NYS Indigent Legal Services Office Grant, one Criminal Court Assistant Public Defender position is 100% funded by two (2) NYS Indigent Legal Services Office grants, one Clerk-Typist position is 15% funded by NYS Office of Court Administration Attorney for the Child Contract, and one Case Manager position and one Investigator position are 100% funded by NYS Indigent Legal Services Office grants. Total 1010 Account change ($39,822) decrease (this is due to the fact that we now have one case manager position, instead of two) 2. 4000 Contractual Line 4110.0000 - Office Supplies ($2,070), increased by $34 per county manager recommendation. Net change: $34 increase. Line 4110.0011 Copier Cost/Copy of ($2,500), remained the same per county manager recommendation. Net change: $0.00. 6

Line 4130.0000 Paper ($1,050), increased by $25 per county manager recommendation. Net change: $25.00 increase. Line 4140.0000 Postage ($2,311), increased by $1.00 per county manager recommendation. Net change: $1.00 increase. Line 4150.0000 Printing ($275), increased by $20.00 per county manager recommendation. Net change: $20.00 increase. Line 4160.0000 Publications ($10,200), increased by $2,250 due to the new Westlaw Contract with the County which saves the County money but increased this office s share of the expense. Net change: $2,250 increase. Line 4290.0035 - Cell Phone/Air Card ($3,182), decreased by $76.00, per IT Department recommendation. Net change: ($76.00) decrease. Line 4290.0300 - Long Distance Phone Service Expense ($619), decreased by $156.00 per IT Department recommendation. Net Change: ($156.00) decrease. Line 4290.0400 NY Phone Basic Service Expense ($1,350), increased by $45.00 per IT Department recommendation. Net Change: $45.00 increase. Line 4290.0600 - Internet/T1/Bridge/Bandwidth ($840.00), decreased by $96.00 per IT Department recommendation. Net Change: ($96.00) decrease. Line 4540.0000 - Personnel Mileage ($11,500), remained the same. Net Change: $0.00. Line 4550.0000 - Personnel Training ($3,600), remained the same. Net Change: $0.00. Line 4560.0000 - Personnel Travel ($2,200), remained the same. Net Change: $0.00. Line 4660.0000 - Contracted-Other ($14,000), remained the same. Net Change: $0.00. Line 4660-0024- Project Line 10000-1500 (ILS Grant C000718) for contract with Legal Aid of Buffalo, Inc. for Appellate representation for Genesee County ($100,000), remained the same. Net Change $0.00. Total 4000 Account change - ($1,048) decrease 7

4. 8000 Benefits 5. Revenue 8010.0000 Social Security Tax ($36,634) - Appropriate adjustment based upon cost. Net change over current budget: ($2,469) decrease. 8011.0000 Medicare Tax ($8,568) - Appropriate adjustment based upon cost. Net change over current budget: ($577) decrease. 8020.0000 Retirement ($78,843) - Appropriate adjustment based upon cost. Net change over current budget: ($12,435) decrease. 8030.0000 Medical ($67,069) - Appropriate adjustment based upon cost increases. Net change over current budget: ($9,987) decrease. 8030.0001 Medical Buyback ($7,500) Appropriate adjustment based upon cost. Net change over current budget: $0.00 change. 8040.0000 Dental ($2,310) Appropriate adjustment based upon cost. Net change over current budget: ($528.00) decrease. 8070.00 Vision ($600) Appropriate adjustment based upon cost. Net change over current budget: ($96.00) decrease. Total 8000 Account Change: ($26,092) decrease. 3025.3 State Aid-Indigent Legal Services Parole Program. This program reimburses a portion of attorney time spent on representing parolees in parole revocation hearings. Revenue: $2,000.00. 3025.5 ILS Distribution Competitive Grant C000618 (2014-2016) This Grant funds our case manager position plus fringe benefits. This Grant will end approximately July 1, 2017, after which this position will be funded by the County. Revenue: $46,647. 3025.6 ILS Distribution Grant C000518 (2014-2016) This Grant funds our Investigator Increase plus FICA and Medical Buyback and Parity Stipend for two (2) attorneys. It also funds a portion of our Appellate Representation Contract. This Grant will end approximately July 1, 2017. Revenue: $19,309. 3025.7 Project Number 10000-1500 ILS Distribution Grant for State Fiscal Years 2015-2017, ($112,929). This Distribution Grant funds a full-time assistant public defender, a contract with Legal Aid of Buffalo to provide appellate representation and the IPad cellular service contracts for the 8

attorneys and investigator along with a cell phone for the investigator with cellular service. Revenue: $112,929.00. 3025.8 Project Number 10000.1600 ILS Distribution Grant for State Fiscal Years 2016-2018. This Distribution Grant funds the investigator position and the parity stipend for two (2) attorneys. Revenue: $55,700.00. 3090 N.Y. Office of Court Administration Contract for Family Court Juvenile Representation, $80,287.00. Net Change: $1,600.00 increase. Total 3000 Account Change: ($105,511) decrease. INDICATORS Actual Actual Estimated 2015 2016 2017 Intakes 2342 2209 3000 Number of Clients 1791 1640 2400 Average Caseload/Attorney (criminal) 376 314 450 Average Caseload/Attorney (family) 144 192 300 In 2016, in the criminal courts, there were 98 pleas on felony cases, 28 of which were to lesser felony charges and 70 to misdemeanor charges. There were 376 pleas on misdemeanor cases, 50 of which were to lesser misdemeanor charges and 236 to violation charges. 43 criminal cases were closed by adjournments in contemplation of dismissal, and 129 criminal charges were dismissed. The office represented indigent parolees at 46 preliminary and final parole revocation hearings at the Genesee County jail or Buffalo Federal Detention Center in Batavia, New York. 9