Court tie-ups loom in loss of public defenders

Michael Berger turns on the lights in his former storage closet of an office, flops down in his chair and starts picking through stacks of color-coded files.

There are check forgery and stolen wallet cases for which he'll have to meet his clients in court in an hour. Then there's the juvenile delinquency case, the child protection matter, the domestic assault. In all, Berger, a public defender in the northern exurbs, has 135 open cases in front of him, more than 20 of which he's juggling today.

"It never ends," he says.

Until next month -- when Berger falls victim to some of the deepest cuts ever to hit the state's public defender ranks.

About 70 full-time positions out of 441 statewide will go vacant beginning in July. Hearings and trials could be delayed. Jail costs could rise as a result of longer incarcerations while inmates await court dates.

Counties may also have to find and pay other lawyers to represent parents in some child protection cases.

The cuts, a combination of a legislative reduction and operating deficits, come at a time when Minnesota public defenders are already exceeding recommended workloads. They handle, on average, the equivalent of 714 misdemeanor cases a year -- more than the 400 recommended by the American Bar Association. They represent 90 percent of all gross misdemeanor and felony cases in the state.

"It's going to back everything up, and that doesn't work out for anybody," said former Ramsey County Chief Judge Lawrence Cohen. "It doesn't work out for the judicial system. It doesn't work out for the law enforcement system. It doesn't work out for the defendant. It's incredibly bad."

Quality control

Minnesota's public defense system is often hailed nationally because of its training, funding and relatively stable caseloads. Even with the cuts, some believe it will remain well-regarded.

"This is a tough cut for them," said Hennepin County Commissioner Penny Steele, who has worked on public defender funding issues over the years. "But I think it does give you an opportunity to reexamine what we're obligated to do ... and see if there are better ways."

But some worry that the quality of Minnesota's system will suffer.

In a slumping economy, problems with domestic abuse, burglaries, robberies, and alcohol and drugs are likely to increase even as the number of public defenders declines, attorneys and judges say.

"Something's got to give," said Robert Sicoli, president of the Minnesota Association of Criminal Defense Lawyers. "You can't keep cutting and expect a good quality of services."

Other states, including Florida, Georgia and Kentucky also have also taken hits recently.

For public defenders, juggling is a requirement, with two or three court appearances frequently scheduled for the same time. The end result: judges and prosecutors and clients often are forced to sit and wait, sometimes for hours, for the public defender to show.

One recent morning, Ramsey County District Judge Joanne Smith sat in her chambers for more than an hour catching up on other cases while she waited for an attorney to show for a sentencing.

As Smith worked from her 15th floor office, the defendant, prosecutor and a probation officer waited in rooms nearby. Assistant public defender Lisa Hallberg was three floors below representing another client who was at a plea hearing.

On this morning, Hallberg had two court appearances scheduled for 9 a.m. She stopped first at Smith's courtroom to let the judge's clerk know what was up and to talk with her client. She then raced downstairs to catch up with another client who was about to enter a plea on a felony case.

After that sentencing, Hallberg raced upstairs and finished her business in Smith's courtroom.

"You're supposed to be there at 9 o'clock, but if I can't, I can't," Hallberg said. "You feel bad because everyone is just sitting around waiting for you. But that's just the way it works."

'Problematic issue'

Dakota County Attorney Jim Backstrom, president of the state's county attorneys association, said it now takes about six to nine months to process a criminal case in his county. But with fewer public defenders available to represent defendants, that could double.

"No one is going to benefit from that, especially the victims," he said.

Backstrom said delays also affect prosecutors. As cases drag on, he said, "witnesses disappear, the memories fade. So the quicker we can prosecute these cases, the better we are."

If defendants don't get certain court hearings by certain dates, some fear judges will be forced to let them out of jail without bail or drop charges.

Judge John Rodenberg, vice chair of the state judicial council, said he expects all districts will work to make sure that doesn't happen.

"I don't think that's likely, at least in the foreseeable future," he said.

And though the courts are dealing with budget cuts of their own, adding to delays, Rodenberg said everyone will give priority to cases where people are in custody and the law mandates fast timelines.

There's concern, too, that problem-solving courts such as the drug, mental health and DWI courts will be less effective if public defenders can no longer spend time working those cases.

In an attempt to reduce the caseloads, public defenders in many instances will forgo representing parents being taken to court for child protection. Although public defenders are not required by law to represent parents in such cases, they typically have done so.

In many cases, though, parents will still be eligible for free representation. It's unclear who will pay for that over the long term. Most think the bills will fall to the already-budget-strapped counties.

"When [the state] can't do things, they let the county do it and then they impose levy limits upon us," Anoka County Commissioner Jim Kordiak said. "Clearly this is going to be a very financial, problematic issue."

Transferring clients

For Michael Berger, the immediate future also looks problematic.

He's been on the job just seven months, after graduating from law school in South Dakota and passing the bar. And despite difficult clients and long hours and modest pay -- he earns about $50,000, and has $95,000 in school loans -- he's committed to the job partly to make sure the judicial process is upheld. Someone has to fight to make sure defendants' rights haven't been violated, he says.

"It's good work," he says.

Yet as the 10th Judicial District's latest hire in a union-based seniority system, he will be the first let go.

While he could possibly do contract work for some counties, he's not sure that will sustain him. He could also go into private practice.

For now, the coming weeks will be spent figuring out how to transfer his 135 color-coded files to other defenders.

In some cases, he has started to warn his clients:

"I'm getting laid off and July 22 is my last day," he tells one man on the phone. "I don't know who your attorney is going to be. ... It'll probably get backed up."

plouwagie@startribune.com • 612-673-7102 richm@startribune.com • 612-673-4425