Local attorneys discuss legal defense expenses
Four local attorneys, John Johnson of Hillsboro, Dan Baldwin of Marion, Audie Strotkamp of Peabody, and Tim Hodge of Newton, discussed possible contractual services Monday with Marion County regarding indigent clients.
The discussion, which occurred during the Marion County Commission meeting, resulted in a possible contract between the attorneys and the county for a year in the amount of $45,000.
The legal defense line item over the past two years, had been averaging between $42,300 and $44,300 per year in actual expenses.
Court-appointed attorneys, paid by the county, are required by law to be provided to those charged with a crime who cannot afford an attorney.
Currently, the county pays the attorneys' fees at a rate of $50 per hour. Over the past few years, the budgeted item has gone over-budget due to more cases requiring court-appointed attorneys.
Other counties have contracts with their local attorneys for a specific amount which is paid and divided among the participating attorneys, regardless of the number of cases.
Johnson, local bar association president, said Eighth Judicial Chief Judge Michael Powers had approached the association regarding the county's interest in a contract.
"Twenty years ago, $50 was the approved amount," Johnson said. "There were fewer law enforcement officers. More officers mean more people getting caught."
Johnson said the defense budget has increased the past three years but was told by Powers the budget will be less.
"The amount I received from the county through May was $5,200," Johnson said, which averages to $12,500 per year.
Baldwin said the number of cases has averaged 200 to 250 per year.
"The trend's not decreasing," Baldwin said. "I average $1,000 per month which means I get paid for five hours per week which is far less than the actual time I spend on cases."
Wetta said the county has a set budget.
"We find ourselves taking from the reserve to cover expenses. If it's going to cost more, we want to be able to budget for it."
Johnson commented attorneys in Marion County earn between $100 and $150 per hour.
"I am not opposed to continuing the way we've been doing it at $50 per hour," Johnson said. "I like doing it. I like the trial work and I like helping people."
Baldwin added they are at a point where they do not want to go backward and added the attorneys keep track of their hours because the defendant is expected to pay back the cost of the defense.
The commission will take the contract amount presented by the attorneys under advisement for the coming 2005 budget.
