Public Defender, analysts clash over turnover adjustment as state debates funding to stem vacancies

The Public Safety, Transportation, and Environment Subcommittee on Friday heard competing views of the Office of the Public Defender’s FY25 budget and the staffing needed to meet new national caseload standards.

Department of Legislative Services analyst Jacob Polikoff told the panel the governor’s FY25 allowance for the Office of the Public Defender (OPD) increases by $10,400,000 — about 7.2% — to $155,300,000 and includes 43 new regular positions, 27 of them assistant public defenders. Polikoff said the growth is driven by salary increases and the new positions but noted OPD’s long-running vacancy problems: as of December 31 DLS counted about 108–109 vacancies, including 71 assistant public defender vacancies.

"The existing vacancies include 71 assistant public defender positions," Polikoff said in his presentation, and DLS recommended adjusting the budgeted turnover rates (suggesting an increase for existing positions and a standard 25% for new positions) that would lower the requested appropriation by roughly $2.5 million, bringing the allowance more in line with OPD’s actual vacancy experience.

State Public Defender Natasha Dartig pushed back, calling OPD "in crisis" and urging the committee to approve the governor’s requested positions and to supplement the budget further to address recruiting and retention. "For an agency that is woefully under resourced for decades, I respectfully say that is not enough," she said, describing OPD attorneys as "first responders in the legal space." Dartig said OPD had 77 attorney vacancies as of a recent February day, that recent hiring fairs yielded offers that would reduce the vacancy count, and that higher turnover adjustments would "significantly slow the momentum of our documented hiring surge."

Dartig and DLS both cited adoption of new national caseload standards used to calculate legal workloads: DLS reported the standards indicate a gap of roughly 925 attorneys statewide (about 677 of them needed for circuit court felony matters) and that OPD is in the process of tailoring those standards for Maryland practice. Dartig said OPD will seek a Maryland-specific workload study and is procuring an independent vendor, with selection anticipated by the end of summer FY25.

Committee members questioned OPD officials about concrete staffing and hiring figures. Dawn Kaneske, OPD’s human resources director, said that including projected hires through January 2025 the office has hired 103 attorneys since July 1 and has brought on additional core staff and contractual workers. Senators pressed on attrition: OPD reported losing 64 attorneys in fiscal 2023 (down from 79 in 2022), which members said they would factor into budget deliberations and turnover assumptions.

Public commenters — social workers and core staff from OPD — urged higher pay and more positions for non‑attorney staff. Rashida Lawrence, a social worker, described persistent triage of cases and said OPD’s 27 social work PINs would need to roughly double under suggested ratios. Sam Cheslock, a core staffer, testified that low wages force employees to take second jobs and drive turnover.

The department and analysts agreed to provide the committee with more detailed hiring and turnover data and the committee requested a DLS‑recommended narrative report on hiring, separations and caseloads for recent years. The subcommittee did not take a vote on the budget during the hearing; next procedural steps were not decided during the session.

Ending: The OPD budget discussion concluded with the committee reserving questions and asking for follow‑up materials; members signaled interest in preserving the new positions while scrutinizing turnover assumptions and workforce classification issues that may affect OPD’s ability to fill vacancies.