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Sunday, September 5, 2004

Public defenders need funding most of all



The Public Defender's Office needs to be funded, not fixed. Hamilton County Commissioner Phil Heimlich has his priorities out of order. Note that spending hundreds of millions of taxpayer dollars for stadiums was to fix the two worst franchises in professional sports. While success has been marginal at best (they are not now actually the worst), it is the reversal of the order of approach that I find interesting.

Heimlich now finds it appropriate to condition funding of the public defender's services on "improved management" ("Public defenders overwhelmed," July 31). Would this condition be satisfied if we could fire Public Defender Louis Strigari and hire someone from Baltimore or Louisville to replace him? I doubt it.

What the Enquirer and Heimlich fail to mention in their march toward improved efficiency is that they have the developmental pyramid upside down.

The public defender's staff is underfunded, underpaid, undersupported and overworked. In the Municipal Court Division alone, we have 25 lawyers, five supervisors (lawyers not including Strigari), one investigator, one office manager, two assistant office managers, a couple of data entry/receptionists, and a few people whose jobs are a little undefined. There are no secretaries.

Attorneys are responsible for their own document preparation, research, scheduling and planning. In the summer there are law student interns who assist with research (some very effectively), but, essentially, each lawyer handles his or her caseload as if an independent sole practitioner.

When I started with the public defender in 1989, the caseload consisted of about 30 to 35 cases per lawyer. Staff lawyer load is now about 100 to 150 cases per lawyer. Supervisors have smaller assignments so they can supervise.

In 1989, a staff lawyer was considered a part-time position, earned $20,000 to $25,000 per year and was expected to engage in private practice to support him/herself and family. Later, the position became "full time," meaning 35 hours per week, but the pay didn't change much. Staff lawyers are now paid about $40,000 per year and are requested, if not required, to refrain from private practice.

In truth, the caseload prohibits in practical terms any successful private practice. The effect is that an attorney (doctorate degree) with 30 years of experience is expected to live on and support a family at the pay level provided an entry-level schoolteacher (baccalaureate degree) beginning in the sixth year of service. The public defender's office morale is, understandingly, low. Most of the best talents among our young attorneys have left for a brighter future. The old hands, still here, are hanging on waiting for retirement.

If quality representation of the poor means anything other than words to Heimlich, ask him to adequately fund it.

We don't need expensive, uninformed and clueless outside consultants to reorganize our operation. We just need to be able to afford to acquire, keep and compensate people who can make it work.

John C. Bauer is a lawyer who lives in Delhi Township.



SUNDAY FORUM
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August 29 Forum

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Health-care hardship worsens for workers



 

Jim Borgman
Jim Borgman
Jim Borgman is The Cincinnati Enquirer's Pulitzer Prize winning editorial cartoonist.
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