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Wednesday, March 1, 2000

Court-appointed lawyers' costs up
County may consider public defender's office
By Guy H. Lawrence
Caller-Times
Some Nueces County Commissioners want to find a way to curb the rising cost of court-appointed attorneys, which last year cost the county $1.8 million.
   The commissioners will discuss a county auditor's report, which shows the last year's costs increased by $200,000 from fiscal 1997-98.
   "It needs to be looked at and based on the options available, we need to see whether it is feasible to do another system," said County Judge Richard Borchard.
   Commissioner Frank Schwing wants to form a committee of judges, commissioners and attorneys to look at the attorney appointment system, he said. He'll suggest that during a Commissioners Court meeting at 9 a.m. today in the Nueces County Courthouse.
   Among the possible recommendations could be bulk contracts to attorneys, in which an attorney or firm may be willing to take a bulk of cases for a lower cost than what is being paid per case now, he said. Schwing said he plans to suggest trying the system in the juvenile court.
   Another option is to establish a public defender's office, which has been a long-time suggestion of District Judge Jack Hunter. That office might hold down the costs over the long term, Hunter said.
   "It may be more cost effective in the long run, but it will be more expensive (initially)," Hunter said.
   Schwing opposes a public defender's office.
   "I don't want to create another bureaucracy that will just grow," Schwing said. "We don't pay very well. I wouldn't want that department to be a training ground for guys just getting out of law school."
   Another option for the county would be to stop declaring defendants indigent, and eligible for a public defender, if they are able to post their own bond, Schwing said.
   "That is a good policy that the judge might want to consider," Schwing said. "If they were truly indigent and couldn't afford anything, then they would still be in jail."
   Hunter said that judges don't have a lot of information to determine if the defendant requires a court-appointed attorney. Sometimes, defendants don't have a job and get their family or friends to post the bond for them, he said.
   Last year, attorneys received 8,545 case payments, which included 2,442 criminal case payments and 2,684 civil case payments. An attorney may receive several payments during the course of a case. According to the auditor's report, the highest spender for attorneys was Hunter, who approved spending more than $245,000.
   Commissioner Joe McComb said he is concerned about the amount of money that is being spent, and why it varies from court to court. Also, McComb questions why some attorneys have hundreds of appointments, while others only have a dozen or so.
   Hunter said that not all judges pay the same. Some judges may pay $60 for in-court appearances while other will pay $70. Each judge decides what is fair compensation, he said.
   Attorney Michael George received the most money last year through court appointments with $129,290, according to the auditor's report.
   George said he makes no apologies for the amount he has been paid because he works 60 hours a week, often starting at 7:45 a.m. and ending at 10 p.m.
   George said receives many appointments because his office is near the courthouse and can show up in court in five minutes,.
   "If they call I can be there in five minutes," George said, "and a lot of judges call me because they know I am right across the street."


Staff writer Guy H. Lawrence can be reached at 886-3792 or by e-mail at lawrenceg@caller.com

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