Defense attorneys have responded to Clark County Prosecutor Art Curtis’ complaint that they are the reason that, in times of tight finances, he put in a request for more money for trials in the 2011-12 budget.
Curtis told county commissioners last week that while felony filings are down, trial expenses are up. He said defense attorneys are challenging evidence and hiring more expert witnesses, which forces his office to consult its own experts.
Curtis called the indigent defense system, in which the county contracts with defense attorneys rather than operating a public defender’s office, a “big sucking machine.” He told commissioners that “maybe the county is being taken advantage of” by defense attorneys.
“It just doesn’t seem fair,” Curtis said, adding that “we need to take a closer look” at defense requests.
Defense attorney Michael Foister said attorneys follow the standards set out in Strickland v. Washington, a 1984 U.S. Supreme Court ruling that addresses a defendant’s right to effective counsel.
“We do what Strickland v. Washington requires,” Foister said. “No more, no less, and (Curtis) knows it.”
Curtis, who acknowledged to commissioners that he knew it sounded as though he was whining, said defense attorneys can get experts appointed on indigent cases and prosecutors don’t get to have input on whether the experts are necessary.
Presiding Superior Court Judge Barbara Johnson said Tuesday that, as of a year ago, all requests for experts in indigent cases go through indigent defense coordinator Ann Christian.
Foister said defense attorneys have to have a solid basis to ask for an expert.
Defense attorney Bob Yoseph said defense attorneys don’t get a say in how police officers investigate a case or what charges are filed by a prosecutor.
“Why should Art have any say over the defense of a case?” Yoseph said.
Defense attorney Tom Phelan said that when he has a privately retained client, he doesn’t have to let prosecutors know he’s consulting an expert. That same standard should be applied to indigent clients, he said, to help ensure equal treatment.
During last week’s meeting, Chief Criminal Deputy Prosecutor Denny Hunter told commissioners that a book published last year, “Strengthening Forensic Science in the United States: A Path Forward,” criticized how evidence is tested at state crime labs and prompted defense attorneys across the country to start challenging practices that had been widely accepted.
“We’re no exception,” Hunter said.
Foister said that DNA evidence has been set as the gold standard. Attorneys want other forms of evidence, such as ballistics, to be as airtight.
Curtis will be leaving the office at the end of the year after serving seven four-year terms.
He told commissioners the office needs an additional $42,000 in the 2011-12 budget for trial costs.
He likely won’t have the request granted.
Commissioner Steve Stuart said Tuesday that commissioners are operating under the idea that there are no new revenues to boost budgets. If the county stays frugal, there may be some additional money for 2012.
At that time, requests will be granted based on how well the service benefits the public and the prosecutor’s office would have to compete with other county departments.
Though prosecutors are elected officials, county commissioners control all county departmental budgets.
Stephanie Rice: 360-735-4508 or stephanie.rice@columbian.com.
