King County's budget problems stretch public defenders and threaten defendants' rights

RECENTLY, as I have been examining King County's budget for public defense, I have been thinking about Clarence Earl Gideon, the man whose 1961 theft case led to judicial reforms requiring governments to provide counsel to indigent defendants.

Gideon allegedly broke into a Florida pool hall and stole about $65. Following his arrest, Gideon requested court-appointed counsel because he could not afford an attorney. The judge denied his request, leaving Gideon to navigate the procedural and substantive complexities of his own jury trial. Although the case against him was weak, the jury found Gideon guilty and he received a five-year sentence.

While in prison, Gideon submitted a handwritten appeal to the U.S. Supreme Court asserting he was denied his Sixth Amendment right to legal representation. In the landmark case of Gideon v. Wainwright, the Supreme Court unanimously agreed, recognizing that the right to counsel in state criminal cases is fundamental to a fair trial.

Budget restraints are threatening the legacy of that decision and bringing many public-defense systems to a breaking point. For example, a Florida judge ruled that the public defenders' office in Miami-Dade County could refuse to represent individuals arrested on lesser felony charges so its lawyers could provide better defense for other clients. In New York, unmanageable caseloads compelled the state Legislature to cap the number of criminal cases that court-appointed attorneys in New York City can handle.

In King County, our public-defense system is also under pressure. The majority of trial-court costs are supported by the county's $662 million general fund, which pays for the critical day-to-day operations of county government, including the sheriff, prosecuting attorney, court system, jail operations and public defense.

For 2009, the general fund faced a $93 million shortfall. To balance the budget, the county made significant cuts to general-fund programs and eliminated about $5 million, or 13 percent, of the public-defense budget. In 2010, the county faces an estimated $50 million general-fund shortfall, putting these programs at risk of further cuts.

These budget challenges are forcing us to grapple with tough decisions about our justice system. As a cost-saving measure, the prosecuting attorney started filing low-level drug and property crimes as misdemeanors. Historically, many of these cases would have been filed as felonies and counted toward each public defender's annual felony caseload.

Under the new filing system, public defenders are required to meet the same caseload standard, but with a higher percentage of complex felony cases. The result is that defenders have less time to prepare for such cases, and the quality of justice suffers.

King County has a long-standing commitment to providing quality public defense. A 2008 Justice Management Institute report concluded that our criminal-justice system functions better than most large urban jurisdictions, highlighting King County's "strong commitment to fair and effective criminal case processing, exemplified by policies that provide for very prompt appointment of counsel for indigent defendants."

To provide public defense services, King County contracts with four nonprofit defender agencies and consistently works with these agencies to ensure they have sufficient resources. For example, the county is committed to keeping defender attorney salaries at parity with attorneys in the prosecutor's office.

The county and defender agencies are working to determine how to adjust caseload requirements and the payment model to respond to the new filing standards. The County Council recently adopted legislation requiring a study of the issue and how to effectively and equitably pay for public-defense services given the county's financial situation.

Protecting public defense matters, as illustrated by Gideon's story. After the Supreme Court's decision, the case was sent back to the trial court and Gideon was provided with defense counsel. At his retrial, the jury deliberated for just over an hour before exonerating him with a not-guilty verdict.