WE CAN DO BETTER - Part 8

WE CAN DO BETTER 8

By Alan Miller, Candidate for Judge Superior Court II

Fairness and Defense Attorneys 

There are problems within the county court system. In the next several weeks, I will post my proposals that outline how I think we can do better.

Today, I will continue to discuss my proposals related to fairness in the courts.

PD reimbursement program will be explored

The United States and Indiana Constitutions guarantee an attorney to each and every defendant in a criminal case. In the event a defendant cannot afford an attorney, a public defender is appointed to him or her at a reduced cost, or no cost at all. In Dearborn County, expenditures for public defenders are often one of the largest in the court’s budget.

In an effort to help defer some of this cost, the Indiana Public Defender Commission offers each county up to 40% reimbursement for their public defender programs. Funding for this program comes from collected court fees, as well as money already appropriated by the state legislature. In order to receive said funds, the county must agree to comply with the Commission’s rules regarding the appointments of public defenders. For example, the attorneys who accept public defender cases must meet certain experience-based criteria. Further, those who accept public defender appointments are restricted in the number and types of cases they can have at any one time. These guidelines ensure that the public defender has the experience and knowledge necessary to handle the more serious cases, while further ensuring that the public defender is not so overloaded with cases that it affects his or her ability to provide competent representation.

To date, our county has declined to join the other 52 counties in the state (including Ohio, Switzerland, Jennings, and Union counties locally and Marion, Lake and Allen counties, three of the largest counties in the state) who have asked for, and are currently receiving, such funds. Unfortunately, it is not unusual to see an attorney with limited experience appointed to major felony cases, punishable by years in prison. It is also not unusual to see an attorney with excessive caseloads. Such appointments and circumstances could not occur under these criteria.

When elected, I will work to convince others in the system that this program is worthwhile and will lead to a better overall justice system. However, I cannot promise that the system would be implemented, as this would take some cooperation from others in the system and our local government.  

This is the eighthth part of my platform statement; a detailed proposal for how to improve our current justice system. It will be released over the next several months through facebook.com/makeitmiller2012 and makeitmiller2012.com. PLEASE feel free to forward this to your friends and family.
Thanks for your continued support!

Alan Miller