An audit by Allegheny County reveals most public defenders face excessive caseloads and a lack of resources, putting clients at a disadvantage.
It showed 36 of 42 trial attorneys carry caseloads above the national average.
Robert Perkins, attorney for the Allegheny Lawyers Initiative for Justice, said the state has a history of underfunding public defenders, allowing only $100,000 per county annually. But he added it is the first time the county controller's office has reviewed public defense, focusing on areas of improvement in a neglected system.
"On average, your typical public defender, trial lawyer has two or three times as many cases as they should," Perkins pointed out. "You can be the best lawyer in the world. If you have triple the caseload that you should per national standards, then you can't do a good job for every client. You end up having to pick and choose."
Perkins noted while the American Bar Association outlines 10 key principles for an effective public defense system, the recent audit only examined one for both the Public Defender and court-appointed counsel systems. He argued a deeper review would have shown both fall short of most bar association standards. The study also found the court-run indigent defense system violates standards.
Sarah Linder Marx, senior deputy of public outreach and staff development for the Allegheny County Office of the Public Defender, said she is concerned the audit implied clients must meet requirements beyond those outlined in the Public Defender Act to qualify for a public defender attorney. Specifically, she emphasized the audit suggested stricter income verification measures.
Under the Public Defender Act, individuals qualify based on income eligibility and sign an affidavit confirming their income falls below the poverty line percentage indicating indigence.
"In practice, we would be asking people who are already extremely vulnerable to get us documentation that may not even exist for them," Linder Marx stressed. "We don't have software or access to government documents like other government agencies do to verify income like that."
Linder Marx's office also recommended implementing new case management software would greatly improve the ability to manage workloads and provide opportunities for analysis. The current case management software is dated and inadequate, often creating more work.
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Indiana lawmakers continue to debate THC rules while surrounding states move forward with marijuana legalization.
Senate Bill 478 targets packaging and branding rules for legal THC products sold to people 21 and older. Lawmakers want to prevent the products from mimicking candy or snacks, which might appeal to minors. The bill would require testing and stricter packaging for craft hemp flower and other THC items.
Rep. Jake Teshka, R-North Liberty, sponsored the bill.
"This market right now is the wild, wild West," Teshka contended. "I think what this bill attempts to do is to ensure that the safety of Hoosier youth and Hoosier consumers comes first and primary in our efforts to regulate this product."
Delta 8, Delta 9 and Delta 10 products-chemicals with THC levels under 0.3% remain legal in Indiana and often appear in gas stations, smoke shops and dispensaries. Committee members provided input for possible changes to the bill and recessed before acting but plan to reconvene soon.
Although marijuana sales remain illegal in Indiana, nearby states allow both recreational and medical use. Across the country, nearly 40 states allow medical marijuana and 24 permit recreational sales.
Rep. Timothy Wesco, R-Osceola, said in conference committee Monday the current bill offers far too many permits.
"In the future, if there are additional permits needed we could always come back and increase that number of permits," Wesco argued. "But the 20,000 is essentially more than 200 locations per county in our state on average, and I think is far too accessible and available."
The House has passed two amendments to the bill this session. One limits sales near schools and another changes the definition of e-liquids.
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Parents of students killed or injured in school-zone crosswalks are backing a measure in the Ohio General Assembly to increase the penalty from a misdemeanor to a felony.
The bill, entitled "Aspen Runnel's Law," was introduced after 15-year-old Aspen Runnels was struck and killed in a crosswalk outside Lakota East Freshman School in Butler County last year.
Aspen's mother, Christina Alcorn, said the 30-day sentence given to the driver is not enough of a deterrent for speeding in a school zone.
"We're hoping that people will start paying a little bit more attention," said Alcorn, "because we all have children in our lives - whether it's our own children, grandchildren, godchildren, nieces, nephews, whatever it may be. Almost everybody has a child in their life that they want to see come home safely."
The driver pleaded guilty to vehicular homicide in Aspen's death and was sentenced to 30 days in jail, 60 days of house arrest, probation, and community service.
The new law would make vehicular homicide in a school zone a felony, with six to 18 months in prison and fines of up to $5,000.
Alcorn is working to pass the bill with another Ohio mother, Trisha Parnell, whose daughter Maddy was struck and seriously injured in 2018 in a collision in a school zone in the same district.
Alcorn said she was shocked by how lenient the school zone penalties were compared to other types of collisions.
"We were a little baffled," said Alcorn. "Most people that we've spoken to about this have been, first of all, surprised that this wasn't already a law on the book, but also that the children in the school zone were not considered protected like a construction zone would be."
House Bill 203 awaits a hearing before the Ohio House Judiciary Committee. Alcorn said she wants tougher consequences so drivers think twice before speeding in a school zone.
"The main thing is that the charges are elevated," said Alcorn, "and that people feel a deterrent for speeding or distracted driving in school zones."
April is Distracted Driving Awareness Month. According to the National Highway Safety Administration, more than 3,200 people were killed in 2023 by distracted drivers.
This story was produced in association with Media in the Public Interest and funded in part by the George Gund Foundation.
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Indiana lawmakers approved a bill Tuesday to eliminate judgeships in eleven mostly rural counties as part of a statewide judicial reallocation.
The Senate passed the measure 33-16, sending it back to the House for consideration. House Bill 1144 originally added judicial positions in Elkhart, Hamilton, Lawrence and Vigo counties but senators amended the bill just before a key deadline to cut one court each in Blackford, Carroll, Gibson, Greene, Jennings, Monroe, Newton, Owen, Pulaski, Rush and Scott counties. It also removes six juvenile magistrate positions in Marion County.
Sen. Jean Leising, R-Oldenburg, said her constituents were shocked by the news.
"I know there're others that wish maybe counties would have been named instead of waiting until the final day for the final meeting in appropriations to actually make that list," Leising pointed out. "That's created quite a frenzy."
State officials said the move will save nearly $750,000 in 2027 and up to $2.75 million by 2032.
Sen. Liz Brown, R-Fort Wayne, chair of the Senate Judiciary Committee, pushed back against some senators who raised concerns about the timing and transparency of the amendment.
"I'm going to disagree a little bit, this caseload quote - or whatever it's called - and that was last minute, it's not," Brown stated. "They're all very much aware of this because when they come before the summer study every two years, these are the exact numbers and measurements they use when they ask us to add a court."
The House must now decide whether to accept the changes or send the bill to a conference committee.
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