In what could be the first step toward bolstering a chronically overlooked county function, the Clark County Council voted Tuesday night to increase funding for indigent defense contracts for the first time in a decade.
Washington counties are responsible for providing legal counsel for individuals accused of crimes but who are unable to afford lawyers. Unlike other counties that rely on large nonprofit groups or in-house public defender offices, Clark County contracts out the constitutionally mandated service to local attorneys.
The county has 37 contracts with more than 50 attorneys (some share contracts) to provide representation for indigent defendants charged in Clark County Superior Court, which handles felonies. These contracts pay a flat rate ranging from $800 to $2,250, depending on the nature of the offense. Homicides and “three-strike” cases, in which offenders convicted three times of certain violent and sexual felonies receive mandatory life sentences without the possibility of release, have a different fee structure.
The fee structure was put in place in 2009 and hasn’t increased since then. Recently, indigent defense attorneys have complained to the county that the stagnant pay was creating a situation where attorneys would refuse some cases. In May, multiple indigent defense attorneys appeared before the Clark County Council to press their case.
The council was convinced enough to unanimously approve an amendment to the county’s spring supplemental budget to increase pay. The spring supplemental is used to account for new revenue, unexpected expenses and other technical adjustments to the county’s $518 million 2019 budget.
The amendment directs $179,275 for a 10 percent pay increase for all felony contracts that will go into effect July 1. Speaking during the council hearing, county Manager Shawn Henessee said the money will come out of the county’s general fund.
Clark County Councilor John Blom, who introduced the amendment, said the state government takes into account how much financial support a county gives to its indigent defense when it’s considering providing additional funding to counties. He said the county could no longer provide lip service to the importance of indigent defense while allowing pay to fall behind the cost of living and inflation.
“There is no possible resemblance to equality under the law when we are looking at those kinds of numbers,” he said.
Clark County Councilor Julie Olson said the county has a history of “kicking the can down the road” on some issues, which makes addressing them more difficult politically and financially.
Members of the council noted they would continue to look into how to make the service more viable. In the past, the county has considered using a “hybrid” of an in-house public defender office complemented with contract attorneys. However, the idea hasn’t gained traction as the county has grappled with other budgetary challenges.
Shon Bogar, a local indigent defense attorney, told the council that 10 percent is a good-faith showing by the county to attorneys who were considering no longer taking the contracts.
Tom Phelan, another indigent defense attorney, told The Columbian that 10 percent is a good start but wanted to see the details of how it would be spent.
Jake Thomas: 360-735-4515; jake.thomas@columbian.com; twitter.com/jakethomas2009
