PUBLIC DEFENDER S OFFICE Mission Description The mission of the Washoe County Public Defender s Office is to protect and defend the rights of indigent people in Washoe County by providing them access to justice through professional legal representation. The Office of the Public Defender represents clients in the District and Justice Courts of Washoe County in cases involving felonies, gross misdemeanors, misdemeanors, probation revocation, civil commitments, and parole hearings. Public Defenders also represent clients in Juvenile, Family, and Drug (Specialty) Courts and appeals to the Nevada Supreme Court. Clients are referred to the Public Defender by the courts upon their determination that the clients do not have the financial means to secure representation on their own. Statutory Authority: NRS 260 County Public Defenders. Department FTE Trend Fiscal Year 2012-2013 Budget by Category $6,752,429 Salaries & Wages $4,699,290 70% 59.00 59.00 59.00 57.00 54.00 52.00 Services & Supplies $406,194 6% Employee Benefits $1,646,945 24% Note: FY12/13 Tentative includes $318,100 department reduction target approved by the Board of County Commissioners on February 14, 2012. 1
Department Expenditures Trend $7,062,929 $7,203,997 $7,028,395 $6,760,910 $6,750,602 $6,752,429 FY07/08 FY08/09 FY09/10 FY10/11 FY11/12 FY12/13 Services & Supplies $796,700 $748,929 $535,136 $342,587 $334,645 $406,194 Employee Benefits $1,514,406 $1,541,524 $1,641,387 $1,561,335 $1,704,027 $1,646,945 Salaries & Wages $4,751,823 $4,913,544 $4,851,872 $4,856,988 $4,711,930 $4,699,290 Note: FY12/13 Tentative includes $318,100 department reduction target approved by the Board of County Commissioners on February 14, 2012. Department FY11/12 Strategic Plan 1.0 Strategic Objective: Safe, Secure and Healthy Communities Outcome Goal Measure & Target Status 1.2.1 Manageable caseloads M: Reduce caseloads T: Reach NAC/NLADA caseload recommendations 1.2 Healthy and secure communities 1.3 Community confidence in public/government institutions 1.2.2 Increase client satisfaction M: Client satisfaction survey T: Maintain/improve results over benchmark established in 2008 1.2.3 Adequate time and resources to provide high quality and efficient client service 1.3.1 Active participation in community service and outreach programs. 1.3.2 Active participation in community service and outreach programs. M: Conduct through investigation of case T: Independently review and investigate all allegations M: Present ourselves at the schools to educate on criminal justice T: Present to at least 2 schools M: Educate the community regarding criminal justice T: Attorneys to participate in 1 or more community outreach events Currently unable to reduce to caseload recommendations. No longer tracking due to staff reductions. No ability to formally track at this time. Presented at 7 events at local schools. Office-wide, presented at 20+ programs within the community 2
2.0 Strategic Objective: State and Regional Collaboration Outcome Goal Measure & Target Status 2.1.1 Evaluate indigent defense Pending. provision for local courts 2.1 Agreement on roles and responsibilities of governmental entities with commensurate funding 2.2 Increase in private sector and non-governmental organization participation in interlocal agreements 2.2.1 Evaluate internal attorney assignments and coverage to isolate municipal court caseloads 3.0 Strategic Objective: Sustainable Resources 3.1 Sustainable financial relationship between revenue and expenses M: Determine funding levels necessary for provision of municipal court defense T: Propose contract for representation of municipal courts M: Determine if it s appropriate for a Deputy Public Defender II to handle full representation of a municipal court caseload T: Designate possible vacant positions as Deputy Public Defender II s Pending. Outcome Goal Measure & Target Status 3.1.1 Maintain/increase funding M: Pursue grant opportunities levels T: Apply for 2 or more grants 3.1.2 Provide in-house training M: Provide free training by utilizing staff expertise to train others T: Offer 8 or more in-house seminars 3.1.3 Utilize unpaid students and/or volunteers M: Enhance service levels T: Log 500 or more hours of student or volunteer time Applied for two grants and began collaborating with other departments. Offered 21 in-house seminars in 2011. Students/volunteers logged 4,400+ hours in 2011. Department FY12/13 Strategic Plan 1.0 Department Strategic Objective: Safe, Secure and Healthy Communities Outcome Goal Measure & Target 1.1.1 Develop post-adkt411 ECR program M: utilizing existing Public Defender resources. T: 1.1.2 Develop a video conferencing system M: for standardized statewide training for Family T: Court. 1.1 Healthy and secure communities 1.2 Community confidence in public/government institutions 1.1.3 Develop a statewide re-entry website.. M: Conduct at least 2 statewide organizational meetings with urban/rural stakeholders. T: Launch website. 1.1.4 Manageable caseloads M: Reduce caseloads T: Reach NAC/NLADA caseload recommendations 1.1.5 Adequate time and resources to provide high quality and efficient client service 1.2.1 Active participation in community school programs. 1.2.2 Active participation in community service and outreach programs. 1.2.3 Develop a standardized immigration/federalization training program and create a Practitioners Guide in collaboration with national non-profit. 3 M: Conduct through investigation of case T: Independently review and investigate all allegations M: Present ourselves at the schools to educate on criminal justice T: Present to at least 2 schools M: Educate the community regarding criminal justice T: Attorneys to participate in 1 or more community outreach events M: Number of trainings and publication of guide. T: At least 1 training per year and Practitioners Guide is published.
1.2.4 Increase supervisor training for Public Defender conflict policy. 2.0 Department Strategic Objective: State and Regional Collaboration 2.1 Agreement on roles and responsibilities of governmental entities with commensurate funding 2.2 Increase in private sector and nongovernmental organization participation in interlocal agreements M: Number of trainings per year. T: 2 per year. Outcome Goal Measure & Target 2.1.1 Evaluate indigent defense provision for local courts 2.1.2 Evaluate investigative internship program with local colleges. 2.1.3 Identify and develop a consistent funding stream for 432B representation. 2.2.1 Evaluate internal attorney assignments and coverage to isolate municipal court caseloads 2.2.2 Regular in-house consular training including capital litigation. 2.2.3 Develop a tablet-ready case management system M: Determine funding levels necessary for provision of municipal court defense T: Propose contract for representation of municipal courts M: T: M: T: M: Determine if it s appropriate for a Deputy Public Defender II to handle full representation of a municipal court caseload T: Designate possible vacant positions as Deputy Public Defender II s M: Number of consular trainings per year T: 2 per year M: T: 4
Output Measures Department Objective Measure FY 09-10 Actual FY 10-11 Actual FY 11-12 Estimate FY 12-13 Projected Provide professional legal representation to indigent clients. Note: Recommended caseloads have been adopted by the American Bar Association (ABA) and the National Association of Criminal Defense Lawyers (NACDL) on the recommendation of the National Advisory Commission (NAC). The commission is made up of elected officials, law enforcement officers, corrections officials, community leaders, prosecutors, judges, and defense attorneys. # of cases received Felony/Gross Misdemeanor Cases: # of felony cases # of gross misdemeanor cases # of companion misdemeanors* # of cases per attorney Recommended caseload per atty (*not included in cases per atty) # of homicide cases # of capital cases Trial rate National trial rate is 3-5% Jury trial success rate 9,721 4,386 689 44 189 150 12 0 0.2% 33% 9,492 4,199 645 41 172 150 14 0 0.7 38% 9,300 4,200 530 35 12 0 0.7 33% 9,300 4,200 530 35 12 0 Misdemeanor cases: # of misdemeanor cases # of cases per attorney Recommended caseload per atty 2,535 351 400 2,579 439 400 2,565 2,600 Juvenile Court cases: # of juvenile court cases # of cases per attorney Recommended caseload per atty 1,191 259 200 1,150 243 200 1,140 1,140 Family Court cases: # of family court cases # of cases per attorney Recommended caseload per atty 417 78 80 412 87 80 400 400 Appeals: # of appeals # of capital appeals # of cases per attorney Recommended caseload per atty 43 0 22 25 37 1 19 25 43 43 Civil Commitment cases: # of civil commitments # of cases per attorney Recommended caseload per atty 495 495 200 485 485 200 485 485 5
Department Objective Measure FY 09-10 Actual FY 10-11 Actual FY 11-12 Estimate FY 12-13 Projected *Took over representation 11/1/10 Specialty Court cases: # of Mental Health Court # of DUI Court # of Veterans Court # of Diversion Court* # of Drug Court* TOTAL SPECIALTY COURTS: 179 178 34 187 400 978 196 197 46 226 460 1,125 200 200 50 240 475 210 210 55 260 490 # of community outreach programs/events participated in by staff 28 21 20 20 # of in-house training programs open to local attorneys 9 17 17 17 # of in-house training programs 10 19 17 17 # of in-house CLE credit hours earned by staff 224.5 310.5 300 300 6
Report to the Board of County Commissioners Fiscal Year 2012/13 Department Budget Reduction Plan SECTION 1: REDUCTION PLAN Please complete a reduction plan form for each cost center with proposed reductions Department: Public Defender Division: Public Defender Program: 432B representation Provide a Description of the Reduction and Implementation Plan: (Reduction plans must be sustainable and yield ongoing costs savings or revenue.) Our community relies upon a justice system that is fair and accurate. The role of the Public Defender s Office is to provide constitutionally-required counsel for indigent persons. Any reduction plan must take into account constitutional obligations. For that reason, any service reduction will be made in NRS 432B representation. The identified reduction will result in a loss of professional staff currently providing service for at least 200 current family court clients. The loss of these positions will also eliminate the Public Defender s Office ability to provide representation in family drug court. SECTION 2: REDUCTION PLAN FINANCIAL DETAILS (double click to enter data) Description of Reduction Item (also include any offsetting Cost Impact FY Item costs for implementation) Center Account(s) 2012/13 1 Deputy P.D. III - 60001082 124100 701110 $ 154,802 2 Deputy P.D. III - 60001082 124100 701110 $ 154,802 Totals $ 309,604 SECTION 3: REDUCTION PLAN IMPACT STATEMENTS Impact to Public: 1. The Public Defender s Office represents the majority of indigent family court cases in Washoe County. 2. Consistent with our policies regarding adult criminal and juvenile proceedings, the Public Defender s Office retains the most difficult and labor intensive 432B case. 3. The time necessary to prepare and present a 432B case for the primary caregiver/defendant is at least 20 hours (at a statutory rate of $100 per hour). The time estimate to bring a family court case to disposition is 24-48 months. Loss of an institutional defender will likely result in increased disposition times for cases and an increase in related foster care/social service expenses. 4. Inconsistent representation from attorneys unfamiliar with 432B cases and increased number of pro se litigants will result in delays for family court, social services and law enforcement. 5. Reduction in institutional defender resources will negatively impact policy decisions and reduce efficiencies that benefit public access to courts, for example, foster parent training conducted by the Public Defender s Office and direction regarding forced medication of foster children given by Public Defender s Office. 6. Increased difficulty in coordinating services with family therapists, substance abuse providers, psychologist, and non-county professionals involved in the reunification process will result in delay and additional costs to the public. Washoe County Budget Fiscal Year 2012/13 Page 1 of 3 February 08, 2012 Version
Report to the Board of County Commissioners Fiscal Year 2012/13 Department Budget Reduction Plan Impact to Employees: Impact to Stakeholders (such as other county departments, governments, or other organizations): 1. Currently, attorneys in the Public Defender s Office operate at 126% of the National Advisory Commission s (NAC) maximum caseload. Juvenile deputies operate at 130% of the NAC maximum caseload. Our involuntary commitment counsel operates at 246% of the maximum recommended caseload. 2. The loss of a single attorney position reduces our non-specialty court, nonmental health dedicated family court attorney staff by 33%. 3. Reduction in institutional defender resources will negatively impact policy decisions and reduce efficiencies that benefit public access to courts. (For example, foster parent training was conducted by the Public Defender s Office and training regarding psychotropic medication of foster children was also supported and designed by the Public Defender s Office, thereby reducing liability risks for Washoe County employees.) 4. Any service reduction will increase difficulty in coordinating services with family therapists, substance abuse providers, psychologists, and non-county professionals involved in the reunification process resulting in delay and additional costs to the government and the public. 5. As importantly, the perception of fairness and actual fairness is at risk in a system where institutional defenders are absent because attorneys for children and social services are already provided by a mix of federal, state and local funding mechanisms. The family court has statutory authority to appoint private counsel (432B.420(3)) at statutory hourly rate of $100 per hour. There is no duplicate provision of these services and it is expected that the family court will appoint counsel at statutory rates. The hourly-rate system previously proved cost-prohibitive and lacking in quality and consistency. Under this scenario, current public defender cases would be transferred to private counsel who would bill the county accordingly. For the preparation and presentation of a 432B case involving the primary caregiver/defendant, we estimate at least 20 hours of attorney work. Multiplying 20 hours for 200 cases, we estimate 4000 hours of attorney work. At $100 per hour, the county should expect a negative economic impact of -$400,000. 1. The Public Defender s Office is the largest institutional defense provider in Washoe County. 2. The Public Defender s Office provides the primary policy input for indigent defense services in the family court. 3. The Public Defender s Office participates in Family Court Model Court hearings, Court Improvement Project meetings, Family Drug Court policy meetings, committees on local rules, paternity issues, visitation, foster parent training, foster children medication training and other institutional meetings. 4. Private contract defenders do not participate in these events or offer the same service. 5. With the assistance of the Public Defender s Office (and other stakeholders), the Washoe County Family Drug Court recently completed a study (March 2008) and documented a 91% reunification rate between parents and children, as compared to a 45% reunification rate for the control group. 6. Any reduction in reunification rates increases the time and cost of children Washoe County Budget Fiscal Year 2012/13 Page 2 of 3 February 08, 2012 Version
Report to the Board of County Commissioners Fiscal Year 2012/13 Department Budget Reduction Plan placed in foster care. 7. Non-institutional defender s participation and collaboration with Family Court related policy meetings and processes in negatively impacted by flat fee arrangements. 8. Before institutional defense was introduced to Family court, the court experienced an increase in pro se litigants, delays in proceedings and dispositions, and an increase in need to provide overtime for court and security personnel. Currently, 17 dependency and 9 termination of rights petitions are filed in a month. With parent s representation most petitions are resolved without a trial. It is estimated that a contested dependency petition would require a full-day of trial time requiring social workers, law enforcement and experts to make appearances resulting in time away from their other duties and incurring significant court expense. In a termination case, a trial of 3-5 days could be expected. In addition to the negative fiscal impact identified, the Public Defender s Office has helped the Family Court obtain and maintain Senior Model Court status. It should be noted that a 2007 study in Washington State found that when parents were provided experienced, institutional counsel in dependency cases, the state realized the following impacts: (impacts county priority: a safe/secure/healthy community) (1) Cases with experienced, institutional counsel had a reunification rate 11% higher than the those without; (2) Cases with experienced, institutional counsel had an adoption rate 83% higher than cases without; (3) Cases with experienced, institutional counsel had a guardianship rate 102% higher than cases without; (4) The average number of days in foster care significantly decreased from pre- pilot times. A reduction of 2 Family Court attorneys results in 2/3 of cases being returned to the Family Court. Last Spring the Family Court looked at the impact of losing Public Defender representation and concluded that it will add more trials to the Family Court with an increase in the time it takes the Court to schedule and conduct trials. While trials are pending, children remain in foster care. Even with federal reimbursement, a conservative estimate by the Family Court concludes that the loss of institutional defenders will result in longer foster care stays and will cost the County an additional $62,380 a month. Annually, the court estimates the loss of institutional defenders would cost the County $748,560 in foster care expenses each year. Washoe County Budget Fiscal Year 2012/13 Page 3 of 3 February 08, 2012 Version
Public Defender Budget Presentation 2012-2013 1
Public Defender Budget Presentation Public Defense Reduction Plan Budget impacts 2
Public Defense Public Defender s Office Open Monday Friday 8:00 5:00 54 employees 3
PD Mission Statement To protect and defend the rights of indigent people in Washoe County by providing them access to justice through professional legal representation. 4
Advocacy ~ Integrity ~ Community Protecting the rights of the individual for the benefit of all. Public Defender 8 Investigative Staff 13 Support Staff 32 Attorneys 17 Criminal 3 Misdemeanor 5 ½ Family Court Specialty Court NNAMHS 4 Juvenile Training DUI Court 2 Appellate Misdo Hearings 5
Span of Control Public Defender 6 Chief Deputy Public Defenders 1 Chief Investigator 1 Administrative Assistant 1 Legal Secretary Supervisor 26 Deputy Public Defenders 2 FC Investigative Specialists 4 Investigators 1 Mitigation Specialist 7 Legal Secretaries 3 OSS 1 OAII 6
2011 Public Defender Statistics: Total cases received 8,118 Daily average appearances 151 Yearly appearances 42,872 7
Services provided to the indigent public: Mandated Services Constitutional/Statutory 8
20 attorneys Adult Criminal Defense 9
Juvenile Defense 4 attorneys 10
Involuntary Commitment Hearings 1 attorney 11
Parole Revocation Representation 12
Appellate Representation 2 attorneys 13
Specialty Courts 1.5 attorneys 14
Non-mandated services 15
Family Court Representation 3 attorneys 16
Reduction Plan Target: $318,100 This scenario: $309,600 17
Reduction Area and Impact Loss of 2 family court attorneys ($309,600) 200+ family court cases would need to be reassigned outside the office. Representation in family drug court would be eliminated. This defeats the Public Defender s policy to keep the most work intensive case. 20 hours of work is estimated for each case to reach disposition. Court appointed fees are $100/hr. 200 x 20 = 4,000. $400,000 There is a shortage of qualified counsel in Washoe County for these family court cases. See budget reduction impact statement for additional negative impact. 18
Emerging Issues/Opportunities: UIFSA Turner v Rogers ADKT 411 Padilla v Kentucky Post-ADKT 411 ECR program Persist Law new case mgmt system Technology Projects 19
Funding plan for 432B matters Mental Health Court Cuts Juvenile Justice Cuts Training/Grant Opportunities 20
Budget Impacts Prior reductions: (5) 1 Investigator/Polygraph Examiner 3 Legal Secretaries 1 Office Support Specialist Additional Courts (without added resources): DUI Court Mental Health Veterans Adult Drug and Diversion Courts (over 1,000 clients) 21
Volunteers 4,458 hours in 2011 3 Social Work Interns 4 volunteer attorneys 5 volunteer paralegals 6 volunteer clerical 5 summer law school interns 22
Institutional Public Defense offers: Quality representation Community collaboration Predictable expenses Best value 23
Office Commitment 24
Public Defender Budget Presentation By: Jeremy Bosler 25