Judge to rule soon in public defenders lawsuit

March 09, 2009 | Accountability Editor | Comments 15

The Associated Press

FRANKFORT, Ky. — A judge said Monday he will rule “in the next few days” on whether to dismiss a lawsuit that public defenders filed against the state alleging they’ve been allotted inadequate funding to handle excessive case loads.

Franklin County Circuit Judge Thomas Wingate took no action in the case during a hearing Monday.

Department of Public Advocacy spokesman Jessie W. Luscher distributed a statement on Friday saying that when funding runs out in May, public defenders will “be unable to provide any representation whatsoever in any court.”

Department of Public Advocacy chief Ed Monahanhan has said the agency needs $4.7 million to continue functioning until the 2009-10 budget takes effect July 1.

Public Advocacy filed a lawsuit in June saying it could not meet its constitutional obligation to represent poor criminal defendants under its current budget.

Lawmakers cut the agency’s budget by $2.3 million to $37.8 million for the fiscal year that ends June 30.

Public Advocacy sent a letter last week asking Gov. Steve Beshear to suspend any executions in the state until the budget crisis passes.

Jefferson County Chief Public Defender Daniel T. Goyette was one of several people who signed the letter to Beshear. Goyette said the state’s financial problems create a likelihood that public defenders could be unavailable or unable to properly pursue cases.

The agency has scaled back its operations and refused certain types of cases to stretch its funding. But in September, Wingate ruled that the agency could not refuse to take cases and its reductions were premature.

Caseloads for Kentucky’s public defenders are inching toward nearly 500 new cases per year for each attorney. That exceeds the number considered ethically appropriate within the profession, Monahan has said.

Other states, including Louisiana, Michigan, Massachusetts and Alabama, have faced similar lawsuits. Snyder said some have been successful in forcing more funding for indigent defense.

Georgia’s Supreme Court issued a unanimous ruling Monday upholding a contempt order against that state’s public defender system. The order stems from the public defender system’s refusal to pay the bills for a death penalty case.

Filed Under: Featured • State Government

About the Author: John Stamper is the accountability editor for the Lexington Herald-Leader. A native of Monticello, Ky., he has been with the Herald-Leader in a variety of roles since graduating from Western Kentucky University in 2000. Reach him at jstamper@herald-leader.com

Judge to rule soon in public defenders lawsuit

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