Public defenders urge more funding as felony caseloads surge; senators question low contract pay

The state’s public defender leadership told a Senate Finance subcommittee that rising felony caseloads and thin contractor pay threaten the office’s ability to provide constitutionally effective representation.

Henry Jacobs, presenting for the Law Offices of the Public Defender, summarized competing budget proposals and said the Legislative Finance Committee (LFC) recommended a roughly $2.5 million (3%) general-fund increase while the executive recommended about $3.7 million (4.5%). Jacobs said the largest difference is about $1.5 million in contractual services the executive included for pilot programs and outside attorneys that LFC did not.

Chief Public Defender Bennett Bauer and Gina Maestas, chair of the Public Defender Commission, told senators the office cannot control filings and is facing increased workload. Maestas said felony cases have risen 42% over nine years and the office is planning for another 15% increase next fiscal year, which strains recruitment and retention and the office’s ability to provide effective representation.

“We are very concerned about making ends meet for this fiscal year,” Maestas said, citing rural office vacancies and reliance on contract attorneys in areas without permanent staffs.

Why filings rise amid falling reported crime

Senators pressed a separate point: some statewide crime indicators have trended down while public defender caseloads rise. Senator Tobias and others asked whether that means crime is increasing. Bauer and Maestas explained the difference between reported crime rates and the number of felony filings or 'cases opened' in court; filings can increase because prosecutors charge more cases, because turnover forces reassignment, or because arrest patterns change even if population-level victimization statistics fall.

“Reported crime rates can fall but felony filings still go up — filings are a function of charging decisions and court filings,” Bauer said.

Contract-rate pay seen as barrier to recruitment

Committee members and witnesses also focused on per-case contract payments, which some senators described as “absurdly low.” Senators cited examples in the packet where per-case payments fall from several thousand dollars for homicide-level cases to under $1,000 for some felony categories. Former public defenders and the chief said those low rates make it difficult to retain private contractors who can earn more in civil work or by contracting with district attorneys.

The public defender leadership said the office is seeking pilot projects to shift some contract compensation from per-case to hourly rates to better compete with risk-management and civil hourly rates.

What happens next

Presenters said HAFC (the House Appropriations and Finance Committee) largely adopted the LFC personnel recommendations while adding a modest $89,400 in general fund support to personnel lines; a separate $2 million supplemental request remains unadopted and will require further legislative action. Committee members signaled follow-up questions and one-on-one briefings to probe caseload drivers and the detailed rate schedules for contract work.

The subcommittee moved on to the next agency after the presentation; senators asked the public defenders for any additional data on filings and turnover to inform budget decisions.