Sun
Aug 21 2011
07:44 am

Today's Knoxville News Sentinel has a three-part investigative report on taxpayer funded legal services in Knox County. According to the sensational headlines, local defense attorneys are "in the hot seat" for questionable billings, including some that have billed (gasp!) over $100,000 for defending indigent clients in criminal cases.

The articles suggest, by way of typical innuendo, that there may be some fraudulent billing going on because the costs are out of line with other metropolitan areas in the state.

The reporter only mentions way down deep in one article that the public defender's office is understaffed as compared to those counties (and has filed lawsuits to that effect), meaning that the courts have to assign more indigent cases to private practice lawyers. And you would never be able to hire them for what little the state pays them.

And every attorney contacted had records to back up their billings.

One of the articles talks about setting fixed fees for handling a set number of cases and contracting it out to the lowest bidder. Local judges and attorneys cite numerous problems with the idea. They prefer to let judges decide which lawyer can best represent a defendant based on their familiarity with lawyers in their court and the types of cases they handle. Letting a bureaucrat in Nashville decide based on the lowest bidder circumvents justice.

Another cost-cutting example involves lawyers who defend clients from court ordered institutionalization being pressured by the state to not even visit their clients in the hospital to prepare for their hearings. The state says these cases are routine and all the same, so court-appointed lawyers don't need to spend so much time on them. The state basically wants these lawyers to rubber stamp whatever charges or action the state brings.

The reports are supposedly prompted by concerns about the state's growing costs to provide legal representation for indigent defendants. There isn't any discussion of whether the poor economy, failing schools, lack of social services, deadbeat dads, or crime related to rampant prescription drug addiction might be larger concerns than "greedy" lawyers who come in to clean up the resulting mess in court.

The state is looking to trim the $37 million spent on indigent legal services. That's 0.1% of the state's $29 billion budget. Perhaps there are bigger fish to fry in other departments.

Further, in reading all three articles I see no mention of how much money is spent on police investigations and district attorney prosecutions. My guess is that it's exponentially more than $37 million.

Criminal charges are titled "The State of Tennessee versus." The defendant walks into court with the odds already stacked 6,000,000 to 1 against him. The prosecution has the full weight and resources of the government behind them. That's why the U.S. Constitution guarantees an individual's right to competent defense, and the state is obligated to provide it if the defendant can't afford it. (You know, one of those "unfunded mandates" we hear so much about.)

Also not mentioned in the article is the reporter's obvious disdain for defendants and ongoing feuds with the lawyers who defend them. In fact, public defenders asked to be taken off a high profile murder case because they received death threats, partly fueled by sensational reporting on the case and violent, racist comments on the newspaper's website. Given the reporter's history, one wonders what really prompted this attack on the local defense bar.

ARTICLES:

Cost for concern: Knox County spends most in state on indigent legal services

State eyes legal bills: Knox's $100,000 club has a dozen attorneys in the hot seat

On the defensive: Plan to farm out indigent representation faces attorneys' resistance

bizgrrl's picture

It seems the reporter left

It seems the reporter left out some critical information. How many public defenders do Hamilton, Davidson, and Shelby counties each have as compared to Knox? How many public defenders do these other counties have for the population size as compared to Knox County's population size?

The average claim filed by Knox County attorneys for providing legal services for the poor was $369, compared to the statewide average of $291.

That's an average of 5.82 hours at $50/hour as compared to 7.38 hours at $50/hour. You'd think those are a low numbers either way. What's the most charged for legal services for any one defense and what is the least?

Knox County outpaces every other major metropolitan area in contempt cases,

Why do citizens have so much contempt for the Knox County courts? :)

So many questions, so little information.

michael kaplan's picture

I know, too, that state

I know, too, that state institutions have funds to cover defense and settlement fees in the event of lawsuits. That's why, for example, UT hires outside attorneys to defend the university against lawsuits, all under the guise of 'protecting taxpayers.'

Bbeanster's picture

This somewhat misstates

This somewhat misstates Armstrong's actions when KC was forced to adopt a public defender's office:

"The way Knox County Public Defender Mark Stephens tells it, the county's refusal to go along with the plan angered state legislators. Seeking to appease his brethren, State Rep. Joe Armstrong in 1990 brought Knox County on board, Stephens said.

"We were created as an afterthought," Stephens said. "We've been behind the eight ball from the very beginning."

The Knox County bar was the primary opponent of having a PD office here. I covered the legislature back then, and Armstrong was extremely impassioned about this issue. I remember his arguments on the House floor as probably his finest hour.

CE Petro's picture

I tried reading two of these

I tried reading two of these articles and gave up, I felt they were so lopsided.
But, it seems the gist of these articles is a concerted effort against the 6th and 14th Amendments of the US Constitution.

rikki's picture

fully funded

I would be interested in seeing what the expenses for enforcement and prosecution are, but a defense attorney is a fundamental Constitutional right. Enforcement and prosecution expenses should be efficient, optimal and under persistent pressure for cuts, but fundamental rights should be fully funded.

I think the PD office should get at least the funding the DA gets. Perhaps both need more funds. Just recently, the DA could not convene a jury for a boy who died at 18, so they must be lacking. If our community can not afford justice, tax payers need to pony up a few more dollars.

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