Sides debate need, funding for defense, prosecution

OZARK — The days of $130 indigent defense cases have long been over. But officials say the reality of the days of job losses in district attorneys’ offices are already here.

While neither state prosecution or indigent defense experts deny the necessity of the other side, debate throughout the state continues on whether each is fairly funded to contend against the other.

Indigent defense is covered by money filtered into the Fair Trial Tax Fund, which each criminal defendant pays into when a case is disposed of without being acquitted. When the money is low, a law allows for money to be pulled from the state general fund.

In fiscal year 2008, officials said indigent defense cost the state about $69 million, $47 million of which was pulled from the general fund. The 31 appointed indigent defense attorneys in Dale County made a collective $891,421 for 1,468 cases, according to the state comptroller’s office.

The attorneys made a maximum of $60 per hour for in-court appearances and out-of-court preparation, up to $3,500, depending on cases that did not carry a sentence of life without parole.

The state’s district attorneys’ offices are funded through the state general fund, but not the Fair Trial Tax Fund. In fiscal year 2008, they received $42 million from the general fund.

Dale/Geneva County District Attorney Kirke Adams said he received $400,000 total for both offices’ salaries and office expenses.

Randy Hillman of the state Office of Prosecution Services said it costs about $96 million a year to operate all district attorneys’ offices in the state, less than 40 percent of which the offices receive from the general fund. The money the offices don’t get from the state is collected through worthless check units, child support and court cost collections.

Already, Hillman said some offices have not been able to hire positions lost through attrition.

His office is working vigorously to get more legislation passed that would support funding.

Hillman said district attorneys prosecute 99 percent of all cases in Alabama. About 95 to 98 percent of those result in guilty pleas, but still require some form of work from the district attorney’s office, he said.

In those cases, Hillman said there is no real oversight for the indigent defense attorneys on how much work was done before the plea. All bills are submitted to
Dale County Circuit Judge P.B. McLauchlin’s office for oversight, but without evidence, officials said discrepancies are hard to take note.

It then boils down to indigent defendants hoping for lawyers with integrity.

Criminal defense attorney Bill Kominos, who is part of the state Criminal Defense Lawyers Association and has practiced law since 1966 and remembers the days of being paid $130 per case, said a bulk of the cost of indigent defense goes toward preparation in a case and sometimes toward hiring experts and other resources the district attorney already has with law enforcement agencies.

Attorneys in Dale County are usually automatically appointed for their first five years of practice, and then they have the option of whether to be appointed, he said.

Adams said he supported fair trials with competent defense attorneys.

“What I don’t support is lawyers who overcharge and take advantage of the poor. You can turn that bill around and attach other expenses. As far as hiring experts for the defense, that is done very seldom,” he said. “At the same time, the only reason we don’t usually hire experts for my office is because we have a law community here that’s willing to work with us. That’s not to be taken for granted.”

Despite difference in funding on either side, defense attorney Aaron Gartlan said the defense for those not able to pay up front is a necessity.

“I think we would all agree that there have been innocent people placed in jails before. If it was your family member or someone that you love dearly who couldn’t afford a good attorney and was accused of a crime.” Gartlan said.

As far as funding, Gartlan said defendants found guilty have to pay back money charged for their defense.

“You would go broke not charging at all, so I agree the money does have to come from somewhere,” he said.