New public defender expands role of office

Adrienne Packer

Thursday, April 18, 2002 | 11:10 a.m.

Candidates who scrambled for the high-paying Clark County public defender's position last year cited the low volume of cases taken to trial and vowed to improve the office's track record.

Marcus Cooper won the job six months ago amid controversy and now hopes to see the number of cases go down even more. He plans to expand the philosophy of the office from simply representing low-income defendants to helping them cope in society.

Providing more social and educational advice to defendants could produce fewer repeat offenders and lessen workloads, Cooper said. The program might also prove wrong his critics who said the office's lackluster ways would continue if the veteran was promoted.

"Some people thought I was part of the problem," Cooper said. "I couldn't possibly have been part of the solution, because I wasn't in a position to make policy decisions. But I knew I was capable of doing this job."

Cooper, a 24-year veteran of the office, was hired to replace Morgan Harris in October. He was chosen over two of his colleagues and federal public defender Franny Forsman, who many in the legal field believed was better qualified.

But rather than discuss the controversy -- which caused such a furor the American Civil Liberties Union distributed Forsman's and Cooper's resumes for comparison -- Cooper shifted the conversation to his office's performance.

"Sometimes I start gushing when I start talking about this office," Cooper said.

Although Cooper never criticized Harris, he said during the 30 years Harris ran the office, public defenders entered plea bargains in most cases; rarely did they go to trial.

In January 2001 the Spangenberg Group -- a Massachusetts-based research firm -- published a report that said the county's public defenders took 0.6 percent of their cases to trial and plea bargained the rest. The national trial average, according to the report, is between 4 percent and 7 percent.

Cooper said the 70 attorneys in the office wrongfully earned the reputation of being lazy when they simply weren't provided much inspiration. Though seminars were included in the budget, attorneys were never sent to conferences.

Cooper said he believes attorneys lost confidence over the years and preferred to negotiate rather than battle for their clients in the courtroom. Lawyers have resumed attending trial advocacy training.

"I think we'll raise the confidence level by giving the attorneys the tools they need," said Cooper, who has worked on 100-plus trials, the most in the office. "Before it was never seen as being worthwhile."

In the last six months of 2001, the office took 30 of its 57 cases to trial -- 50 percent more than the number of cases taken to trial in 2000.

County Manager Thom Reilly, eager to change the reputation of the public defender's office, said he has been impressed by Cooper's accomplishments and progress.

"He's trying to make as many changes as the office can sustain and get people on board with him, and that's not an easy task," Reilly said. "He's made amazing progress."

Cooper and his assistant Ralph Baker are also developing more programs and policies aimed at better serving the public, he said.

Not all deputy district attorneys are pleased with Cooper's changes. Some reportedly are disappointed that team leaders who have kept their positions haven't tried cases in years.

Cooper, who earns about $135,000 annually, also has his skeptics in the ACLU. Gary Peck, executive director of the ACLU of Nevada, said he has met with Cooper but is still in a "wait and see" mode.

Peck said he supports Cooper's outreach proposals and Reilly's interest in ensuring changes are made. However, until he sees the office is committed to providing quality services to low-income defendants, he will remain a skeptic.

"All the talk is swell, but I'm not buying it," Peck said. "Dedication, commitment and vision on the part of Marcus Cooper is key to changing that office."