County manager challenges critics of top defender choice

Adrienne Packer

Thursday, Oct. 11, 2001 | 10:19 a.m.

With one of his more important decisions as Clark County manager plagued by controversy, Thom Reilly on Wednesday defended his decision to recommend longtime deputy public defender Marcus Cooper for the top post.

If Reilly's recommendation is approved by county commissioners, Cooper would replace outgoing chief public defender Morgan Harris.

Since naming Cooper the top candidate from a field of four finalists Tuesday, Reilly has staved off claims that his decision to hire from within rather than bring in an outside attorney was tainted by politics.

American Civil Liberties Union leaders and some public defenders said Franny Forsman, manager of the federal public defender's office, was easily the most qualified candidate to turn around the troubled county office.

"What bothers me about this dialogue is it's as if Franny wasn't chosen, not (that) changes can be made in the office," said Reilly, frustrated by the continued criticism. "This casting of anybody who didn't support Franny as lazy and doesn't want to represent clients is unfair."

Critics claim several county public defenders supported Cooper because, under the old regime, expectations were not lofty.

Gary Peck, executive director of the ACLU of Nevada, blasted Reilly's decision and said the new county manager, whom Peck expected to have a fresh perspective, was influenced by politics.

"Whether fairly or unfairly, Mr. Reilly's decision has left many of his biggest supporters disillusioned and convinced that he is more likely to be, quote, a business as usual bureaucrat rather than a harbinger of change," Peck said.

Peck said Forsman was superior to Cooper and the two other candidates -- Peter Christiansen and Ralph Baker -- in categories such as management experience, trial advocacy and involvement in the criminal justice community.

While Forsman has tried numerous capital cases, Peck said, Cooper has tried far fewer.

Trial logs maintained by the public defender's office show Cooper has taken one case to trial in the past five years and 18 cases during the five years prior to that. Christiansen tried one case in the past 10 years.

The division has been watched closely since the nationally recognized Spangenberg Group discovered the office took less than 1 percent of its cases to trial -- the national average for urban areas is 4 percent to 7 percent.

Reilly said in Cooper's 23 years with the county he has tried more cases than any other attorney in the office. Reilly added that he looked for more than simply cases tried when deciding on the top candidate.

"I'm concerned about the brush statement about all attorneys in the office that they don't care about their clients. The attempt to vilify them amazes me," Reilly said. "Do I think changes have to occur? Absolutely. Will changes occur? Absolutely."

Questionnaires presented to the candidates during the interview process posed questions about juggling large case volumes, philosophies on plea bargaining, conflicts of interest, training, day-to-day interactions with staff and proposed changes.

Reilly's contention that he chose Cooper -- one of four candidates recommended to the county manager by a task force -- because the attorney was the best fit to lead the department stunned Peck.

"It does not do good for Mr. Reilly and others to hide behind vacuous platitudes like he is, quote, best fit for the job," Peck said. "That does nothing to dispel the notion the decision was based more on politics than on the qualifications and skills of the candidates."

Cooper is also tired of the ongoing skepticism regarding the recommendation.

Cooper said comments that he stood by while the department was perceived to be run poorly are unfair. He said he was an attorney in the division who had little authority over policy.

"I think it's unfair that certain individuals choose to paint me with the same brush with which they painted my predecessor," Cooper said.

He also dismissed the accusation that the public defender's office has a cozy relationship with the district attorney's division, thus explaining the significant number of plea bargains that have been struck.

Cooper guaranteed he would ensure that while public defenders maintain a good relationship with prosecutors, their clients are their priority. He said that is how he handled his position, which has earned him a good reputation.

"I would hazard to guess you would find it almost impossible to find any defense attorney in town who has tried as many felony cases as I have," Cooper said. "My reputation as a litigator speaks for itself."

A longtime public defender, who asked not to be named, said his colleagues were opposed to Forsman because they feared changes she might make would interfere with their collective "comfort" level.

And though the attorney said he believes Forsman was the best candidate, he said Cooper was the best choice within the department.

"Franny would have been the best person," he said. "But I'm completely comfortable at this stage giving the guy a chance."