Several Nebraska counties - including Platte and Saunders - have elected public defender's offices to provide services for criminal suspects who can't afford an attorney.
Public defenders can save counties money and time.
“I've worked with a lot of county attorneys who understand the concept of time,” said Tom Klein, Saunders County's public defender for the past seven years. “The courts are busy enough. We don't need to make them busier by taking (cases) to trial that we can settle for a better result. Everything we do is balancing the risks versus the reward.”
Klein, whose office has a budget of $115,205, defended about 500 misdemeanor cases and about 70 felony cases last year. None of those cases - or any of his in the past five years - has gone to trial. A majority are decided through plea bargains.
Platte County Public Defender Sam Bethune sees the benefits, too.
“I think we do it a lot cheaper than private practice,” he said.
“First of all, I'm right here in the courthouse so I have no travel time,” added Bethune, who makes $48,250 per year in the full-time position. “I get paid the same whether I handle one or 500 cases. We work within a budget that the county board knows ahead of time.”
Bethune's office, which includes a full-time deputy and a clerical worker, has a budget of $122,050. Last year, his office defended 747 cases, including 200 felonies and 430 misdemeanors. The rest of the cases were juvenile, child support and guardianships.
Even with a public defender's office, both Platte and Saunders County had to hire additional court-appointed attorneys. Sometimes there are conflicts; other times there are cases with multiple defendants.
Through the end of April, Platte County has paid $181,675 for court-appointed attorneys, and estimates put the total cost of defending those who can't afford legal services at $340,000 for the fiscal year that ends June 30. Saunders County has paid $54,228 so far this fiscal year, and estimates put the total cost of defending clients in need at $180,00 for the fiscal year.
Dodge County, which doesn't have a public defender's office, is estimated to pay $376,000 to pay court-appointed attorneys this fiscal year - up from $340,000 in fiscal year 2005.
Still, the work isn't easy, Klein said.
“My finding is that you actually work harder in a public defender case because the client doesn't have economic restrictions,” said Klein, who makes $38,424 per year in his three-quarter time position. “A private practice attorney may have more time to devote, but I don't think the outcome is essentially different.”
A public defender's office helps the county in many ways, he said.
“You don't have to count time sitting and waiting for your case to be called and I'm able to get things resolved more quickly because I work with the County Attorney every day,” Klein said. “Since I have a budget, the county board knows ahead of time what the fixed costs will be. I think if your goal is two things, quality representation and controlling costs, you can do a good job for the county and the taxpayers.”
A county's taxpayers aren't the only ones who benefit, Bethune said.
“(Private practice) attorneys are not tied up with everything little,” he said, “plus there's still enough appointments to go around.”
Both Bethune and Klein are allowed to handle private practice cases in addition to their public defense cases.
“To me, they're pretty much all the same if I'm on retainer or not,” Bethune said. “I don't look at cases as to whether they are public defender or not. I represent them all the same.”
Both Bethune and Klein enjoy their duties as a public defenders.
“It was always stressed to me that you need to help people - especially people who don't have the means of helping themselves,” Klein said.
Klein has been Saunders County's public defender for the past seven years; he was the deputy public defender for six years prior to that. He is seeking another term, and is unopposed.
Bethune said: “I actually enjoy the work and I enjoy the job security. My responsibility is to myself, the clients and the taxpayers. I like to have the freedom to defend the client the way I feel is best.”
He became Platte County's public defender in 2003. Prior to that he was a deputy public defender in the county and then a deputy county attorney in Buffalo County and an assistant in the Nebraska Attorney General's office.
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