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Tuesday, August 11, 2009
Ind. Courts - "Job losses take toll on public defender funds"
From the Johnson County Daily Journal, this lengthy story ($$) by Annie Goeller. Here are some quotes:
College students and people who have never been in trouble before are telling courts they don't have the money to hire an attorney when they've been arrested.Typically, their parents, spouses or families would hire an attorney to defend them.
But with a sluggish economy, many of those family members have lost their jobs, leaving the accused no choice but to ask the court for a public defender, attorneys said.
Public defenders, who are named to represent people who don't have the money to hire an attorney, are getting clients they typically wouldn't.
Some are college students, whose parents typically would foot the bill for trouble they got into while at school.
Others are adults who have never been in trouble and have turned to crimes such as theft to help them pay the bills.
"Instead of people who are 19, 20, 21 years old, we're seeing 29- and 30-year-olds who have had no record," attorney John P. Wilson said.
In December, Wilson represented a few shoplifters who said they were stealing from stores so their children would have Christmas presents.
Attorney Roy Dickinson said he is representing more people who are unable to pay child support after losing their jobs. He believes his caseload will increase more in the coming months as more people who have lost jobs no longer can pay their bills.
"There are a lot of people out of work, and there are just not as many jobs," he said.
The increase is comparable to that seen by social service and charitable organizations, who also are handling more requests for assistance, attorney Dan Vandivier said. * * *
Getting a public defender requires more than just asking, judges said.
Each court has its own way of determining whether a person is in need.
Circuit Judge Mark Loyd looks at how a person's income compares to the federal poverty level. If the person can't afford an attorney's fees but earns above poverty level, he can require that the defendant pay a monthly fee to help pay for their defense.
Hamner reviews people's expenses, income and job status.
If people are unemployed, he has asked that they bring in copies of job applications they have submitted to show they are looking for work.
If they are employed, he looks at their income, property they own and their bills, such as whether they have a cell phone or cable to see if they could make some changes to afford attorney fees, Hamner said.
"Nobody can 'afford' a lawyer. It's not a part of their budget. But can they pay?" he said.
Posted by Marcia Oddi on August 11, 2009 03:28 PM
Posted to Indiana Courts