Vanderburgh County’s effort to recruit public defenders has gained momentum, with county budget writers taking a more hands-on approach.

During a recent session, the County Council unanimously approved the conversion of two long-vacant full-time public defender positions into four part-time roles, aimed at easing the recruitment process. The Chief Public Defender, Steve Owens, disclosed that two lawyers were ready for these positions, while another expressed interest.

Acknowledging the need for a more comprehensive solution to the persistent staffing and recruitment problems faced by the Vanderburgh County Public Defender Agency, James Raben, the council’s finance chairman, emphasized that they can no longer turn a blind eye. In response, Raben, along with council President Jill Hahn and Mike Goebel, the body’s public defender liaison, initiated meetings with local judges and Owens to explore potential solutions.

As part of their efforts, Raben requested a detailed report comparing Vanderburgh County’s public defender pay and benefits with approximately ten other Southern Indiana counties. Raben emphasized that the value of benefits, such as eligibility for the Public Employees Retirement Fund and county health insurance, should be considered alongside salary discussions, particularly as these benefits play a significant role in attracting candidates to the part-time positions.

However, critics, including Jon Schaefer, a former chief deputy at the Vanderburgh County Public Defender Agency and now a Warrick County prosecutor, argue that comparisons with other counties might not offer a complete picture. Schaefer noted that Vanderburgh County Circuit Court handles a substantial caseload, significantly higher than other nearby counties. This results in extensive trial preparation hours for attorneys, which are often unpaid, leading to potential reluctance among some lawyers to invest their full effort in public defense cases.

Owens revealed that the agency encountered challenges in assigning attorneys to 223 cases during the second quarter of the current year, contributing to a backlog of indigent defendants in jail without legal representation. The use of hourly attorneys to alleviate the burden has proven insufficient.

One aspect affecting public defender funding is the caseload management requirements imposed by the Indiana Public Defender Commission program. This program provides quarterly reimbursements to participating counties for eligible non-capital case public defense costs. However, the program’s standards impose maximum caseloads on attorneys, leading to early exhaustion of quarterly caps by local public defenders due to the high volume of felony cases.

In their search for solutions, Raben and other council members are considering alternatives, such as waiving the six-month waiting period for full-time public defenders to receive an increased salary. Additionally, the possibility of establishing a summer internship program for second and third-year law students has been suggested, following examples from other law schools that have successfully recruited full-time lawyers from their internship programs.

Despite facing challenges in attracting qualified candidates, the County Council remains committed to finding viable ways to recruit and retain public defenders. The ongoing efforts reflect their determination to ensure that the Vanderburgh County Public Defender Agency can effectively serve the community and its indigent defendants.

This story originally appeared in the Evansville Courier and Press by Thomas Langhorne on July 20th, 2023. Portions of this article were generated using artificial intelligence.