Decades of underfunding, neglect leave public defenders buried and the Sixth Amendment dangling in some states

Sandy Chung, Oregon ACLU's executive director, speaks about the importance of
 of the right to representation. (Photo by Kylie Graham, Mid-Valley Media)

I object. To not having representation. If a person is accused of a crime, the Sixth Amendment guarantees a right to an attorney, even if a person can't afford one. That's the law. But. "Staff shortages and decades of underfunding have created public defense systems crises across the West," report Emily Hamer, Seaborn Larson, Caitlin Schmidt of newspaper chain Lee Enterprises. "Public defenders say they’re unable to serve clients effectively as they grapple with crushing caseloads, few resources, burnout, student debt and low pay. . . . Experts say states must retain public defenders and recruit more of them to ensure everyone who needs an attorney gets one."

The Lee reporters sought data on public defenders' workload in 17 western states. Those in Arizona, Idaho, Kansas, New Mexico, North Dakota, Oklahoma, Oregon, Texas and Wyoming "had more cases than outdated national standards recommend," they report. "Public defenders in Colorado, Montana and Nevada worked too many hours. The other states don’t track that data statewide. . . . Montana’s state public defender office says it needed on average 63 more public defenders to handle cases assigned since 2019 and still meet its workload management limits. . . . Oregon and New Mexico have one third the attorneys they need to provide adequate representation, according to American Bar Association studies from last year."

Dean Brault, Public Defense Services director in Pima County, Arizona, told reporters: “At some point, we will have to go attorney to attorney and ask if they can take another case and provide effective representation. When the answer to that from everyone is ‘no,’ we’re going to be at a crisis where we have to go to the court and say we can’t ethically take any more cases.”

Savina Haas's PD office did not have 
money to purchase her an office chair.

In Wyoming's Campbell County, an unnamed public-defense supervisor told Lee, “I don’t tell my clients this, but most of the time, especially on misdemeanor cases, I’ve never read their police report. I’ve never watched their videos from the police. I’ve had no time to really investigate their case at all."

Savina Haas, who was public defender in Lassen County, California, told Lee the main solutions were simple: "In all honesty, all they needed to do was get us the resources that we need. Pay us at least somewhat competitive wages so we can bring people here. Have a full staff. Have the ability to be able to run with a decent budget."

Lassen County Chief Administrative Officer Richard Egan "said the county tried several times to recruit and 'just couldn’t do it.' He conceded the county did not increase the salary range." He told Lee, "It’s a rural county that we’re in. Our resources are just limited."