Committee grants $1 million interim appropriation to address indigent defense caseloads

The Fiscal Committee on Dec. 19 approved an interim appropriation of $1 million to the Judicial Council to pay contract attorneys who provide indigent defense when public defender offices cannot handle caseloads.

Jay Buckey, executive director of the New Hampshire Judicial Council, told the committee the funds would be used immediately. He said the council’s current allotment of funds has been exhausted and the office is assigning cases to fixed‑fee contract attorneys; fixed fees run generally around $900 for a non‑incarcerated misdemeanor and under $2,000 for a non‑incarcerated felony. "The current funds that were allotted have already been exhausted," Buckey said.

Buckey estimated roughly 150 incarcerated people are awaiting counsel and about 300 non‑incarcerated people are seeking counsel. Committee members expressed concern about whether the figure is higher than usual and asked whether competition from neighboring states and contract limits in public defender offices have reduced available attorney capacity.

Senator Lang, citing fiscal caution and current revenue uncertainty, moved to approve $1,000,000 now and asked the council to return if more is needed. The committee approved the motion by a show of hands (six members indicated support). The chair said the council may come back for additional appropriations if the need grows.

The appropriation is intended to give immediate headroom for contract payments while the council monitors burn rate and returns to the committee for future requests.