Editorial: Failure to act could mean justice denied

Thursday, April 3, 2003 | 9:16 a.m.

Public Defender Marcus Cooper warned the Clark County Commission on Tuesday that his office is severely undermanned and underfunded. So much so, Cooper said, that the office is lagging behind in its constitutional responsibility to represent the indigent in criminal court cases. Cooper's assessment was supported by an outside review of his office that he commissioned. The National Legal Aid and Defender Association noted that growing caseloads have harmed the office's effectiveness. There are 69 attorneys in Cooper's office, but each handles between 200 and 300 cases. To adequately carry out the job, Cooper said, would require 50 more attorneys and dozens of additional paralegals and social workers. The cost: $2.5 million a year.

Cooper is trying to be reasonable. He is willing to have an increase phased in over time. But the County Commission, which has been faced with growing financial demands to support other services during austere budgetary times, didn't commit to increase the funding. County Manager Thom Reilly noted that the performance of the public defender's office has improved since a number of reforms have been put in place in the 17 months Cooper has been in the job. Adding paralegals for the first time and creating a separate team to handle just sexual assault cases are excellent steps, but if there aren't enough attorneys, justice may not be served.

To do nothing also could result in courts tossing out guilty verdicts. To do nothing also could cause a class-action lawsuit to remedy the problem; Cooper said an adverse verdict could cost the county "a boatload of money." The County Commission should start phasing more attorneys and paralegals into the public defender's office to ensure that justice isn't denied.