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closeTuesday, Jun. 30, 2009
Benton commissioners pass public defender law
By Drew Foster, Herald staff writer
Officials say the indigent defense law approved by the Benton County commissioners Monday benefits both the county and its residents.
The measure brings the county into compliance with a state law that requires counties to have something on the books that outlines an approach to supplying attorneys to defendants who cannot afford to pay for their own.
It also provides defendants with a tangible document that explains, among other things, how the county ensures the quality of its attorneys, standards used to determine how cases are assigned to attorneys and how the county deals with complaints.
Although the law lays out the county's procedures regarding indigent defense it doesn't make policy changes.
"It doesn't change it one bit," said Eric Hsu, indigent defense coordinator for the two counties.
"It's a good way of doing business," he added. "It's a way to be as transparent as possible."
After joining the two counties' Office of Public Defense about six months ago, Hsu set out to create an indigent defense ordinance. He relied on input from judges, prosecutors, defense attorneys, other department heads and, finally, county commissioners to prepare the document.
The bicounty Office of Public Defense has about 10 attorneys on contract working in Franklin County and nearly three dozen in Benton County.
Public defenders handle 1,400 to 1,500 cases annually in Benton County Superior Court and nearly 400 annually in Franklin County Superior Court, Hsu said. In 2008, they oversaw about 700 cases in Franklin County District Court and thousands more in Benton County District Court.
Benton County commissioners passed the ordinance 3-0 Monday, and Franklin County commissioners are expected to hold a hearing on it Wednesday.
Benton Commissioner Leo Bowman praised the law. "It just helps everyone," he said. "It helps the attorneys, it helps the citizens in the county."
The law also addresses the screening process used to determine who receives public defenders and how much they may have to pay.
Hsu said he favors a "pay-as-you-go system," where indigent defenders learn upfront how much they'll have to pay for a public defender. Payments can then be made in increments, he said.
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