No New Cases Would Be Taken, Public Advocacy Chief Warns

Doglips · 01-27-2003, 12:59 PM

Lets just violate the constatution in a budget battle......course this means that on appeal the cases will get tossed out and the people who were refused counsel will walk out free.....add a few law suits and this will be a real fun thing to watch.

Posted on Mon, Jan. 27, 2003

Budget cuts may hurt poor defendants
NO NEW CASES WOULD BE TAKEN, PUBLIC ADVOCACY CHIEF WARNS
ASSOCIATED PRESS

FRANKFORT - If his office's budget is cut again, Kentucky's top public defender plans to tell his lawyers to refuse to take new cases of poor people charged with crimes.

"I think innocent people will end up being convicted of crimes," said Ernie Lewis, head of the Public Advocacy Department.

His decision means impoverished criminal defendants might go to trial, and face potentially lengthy terms in prison, with no attorney -- or they could be released without their case being heard, Lewis said. Without lawyers, some defendants might feel pressured to plead guilty, he said.

He said he had no choice because caseloads are so high among Kentucky's more than 300 public defenders, despite the Kentucky Constitution's requirement that the state provide criminal defense lawyers to all suspects who can't afford them.

Public Advocacy's budget, about $28 million a year, was cut nearly $500,000 in the 2001 fiscal year and $700,000 in 2002, even as its caseload grew by about 7 percent each year, Lewis said.

With the budget cut proposed by Gov. Paul Patton's administration starting July 1, the agency would lose $1.3 million more. That would force public defenders -- who represent 90 percent of all defendants charged with felonies in Kentucky -- to stop taking new cases, Lewis said.

The budget cuts and the growing caseloads have left public defenders handling an average of 448 cases each, Lewis said.

"I'm constantly putting out fires," said Melanie Lowe, who handles cases for the Elizabethtown regional public defender's office, the state's busiest. Lawyers there average 585 cases each. "You do the best you can, but sometimes it's not enough," she said.

University of Kentucky law professor Robert Lawson said lawmakers must provide more for chronically underfunded public defenders.

Lawson served on a 1999 panel that recommended upgrading public defender serv-ices in Kentucky. "Somebody's going to have to step up and say, 'Are we going to provide services or not?'" he said.

Senate President David Williams, R-Burkesville, said additional tax revenue for public defenders is unlikely.

"At this time there is no sentiment in the General Assembly for a tax increase," said Will-iams, who is a lawyer and was on the same 1999 panel as Lawson.

However, Williams said he thinks public defenders provide an important service, and he will consider sparing the agency from cuts if it makes its case to lawmakers.

On Thursday, Lewis is scheduled to testify before legislators on how he proposes to deal with the budget cuts.

In addition to ordering his lawyers to refuse cases, he plans to pull public defenders out of family court and eliminate a unit that handles cases for youths held in juvenile centers, he said.

Louisville, Lexington and Boyd County have independent public defender offices. But those receive money through Public Advocacy and also face cuts, Lewis said.

He said the cuts probably would force layoffs in the Lexington office.

dhermesc · 01-27-2003, 01:09 PM

A friend of mine is a lawyer (pro gun), he is also a public defender in Emporia. He said you have no idea how many dead beats scream about getting their "FREE" lawyer for their spousal/child abuse case, dope dealing case, robbery case, or felony DUI case. Then they show up driving a new car and get all pissy when you can't get them off, no way are they pleading guilty, do your job and get me off with just probation.

Calvin · 01-27-2003, 01:59 PM

Patton sure dropped the ball on the budget, huh? Only good thing he did was enact the CCW law...

01-27-2003, 12:59 PM	#1
Doglips Senior Member Join Date: Mar 2002 Location: Cocoa Florida Posts: 9,089	No New Cases Would Be Taken, Public Advocacy Chief Warns Lets just violate the constatution in a budget battle......course this means that on appeal the cases will get tossed out and the people who were refused counsel will walk out free.....add a few law suits and this will be a real fun thing to watch. Posted on Mon, Jan. 27, 2003 Budget cuts may hurt poor defendants NO NEW CASES WOULD BE TAKEN, PUBLIC ADVOCACY CHIEF WARNS ASSOCIATED PRESS FRANKFORT - If his office's budget is cut again, Kentucky's top public defender plans to tell his lawyers to refuse to take new cases of poor people charged with crimes. "I think innocent people will end up being convicted of crimes," said Ernie Lewis, head of the Public Advocacy Department. His decision means impoverished criminal defendants might go to trial, and face potentially lengthy terms in prison, with no attorney -- or they could be released without their case being heard, Lewis said. Without lawyers, some defendants might feel pressured to plead guilty, he said. He said he had no choice because caseloads are so high among Kentucky's more than 300 public defenders, despite the Kentucky Constitution's requirement that the state provide criminal defense lawyers to all suspects who can't afford them. Public Advocacy's budget, about $28 million a year, was cut nearly $500,000 in the 2001 fiscal year and $700,000 in 2002, even as its caseload grew by about 7 percent each year, Lewis said. With the budget cut proposed by Gov. Paul Patton's administration starting July 1, the agency would lose $1.3 million more. That would force public defenders -- who represent 90 percent of all defendants charged with felonies in Kentucky -- to stop taking new cases, Lewis said. The budget cuts and the growing caseloads have left public defenders handling an average of 448 cases each, Lewis said. "I'm constantly putting out fires," said Melanie Lowe, who handles cases for the Elizabethtown regional public defender's office, the state's busiest. Lawyers there average 585 cases each. "You do the best you can, but sometimes it's not enough," she said. University of Kentucky law professor Robert Lawson said lawmakers must provide more for chronically underfunded public defenders. Lawson served on a 1999 panel that recommended upgrading public defender serv-ices in Kentucky. "Somebody's going to have to step up and say, 'Are we going to provide services or not?'" he said. Senate President David Williams, R-Burkesville, said additional tax revenue for public defenders is unlikely. "At this time there is no sentiment in the General Assembly for a tax increase," said Will-iams, who is a lawyer and was on the same 1999 panel as Lawson. However, Williams said he thinks public defenders provide an important service, and he will consider sparing the agency from cuts if it makes its case to lawmakers. On Thursday, Lewis is scheduled to testify before legislators on how he proposes to deal with the budget cuts. In addition to ordering his lawyers to refuse cases, he plans to pull public defenders out of family court and eliminate a unit that handles cases for youths held in juvenile centers, he said. Louisville, Lexington and Boyd County have independent public defender offices. But those receive money through Public Advocacy and also face cuts, Lewis said. He said the cuts probably would force layoffs in the Lexington office.

01-27-2003, 01:09 PM	#2
dhermesc Senior Member Join Date: Apr 2002 Location: East Central Kansas Posts: 1,762	A friend of mine is a lawyer (pro gun), he is also a public defender in Emporia. He said you have no idea how many dead beats scream about getting their "FREE" lawyer for their spousal/child abuse case, dope dealing case, robbery case, or felony DUI case. Then they show up driving a new car and get all pissy when you can't get them off, no way are they pleading guilty, do your job and get me off with just probation. __________________ Liberty is for those that claim it.

01-27-2003, 01:59 PM	#3
Calvin Senior Member Join Date: Mar 2002 Location: Columbus, Ohio Posts: 2,000	Patton sure dropped the ball on the budget, huh? Only good thing he did was enact the CCW law... __________________ If you don't like cops, call your local crackhead for help next time!