Few Lawyers With To Work On Indigent Criminal Cases

A legislative committee received a report on criminal cases involving poor defendants today. They were told the number of lawyers who would take on such cases, in one eastern state's three largest counties, had nearly bottomed out. If the state doesn't soon increase the compensation rate for lawyers, there will be a crisis. The judges of the three big counties claimed that the rates of pay per hour for attorneys who willingly handle the cases of indigent criminal defendants must be raised, and possibly even doubled, from the present low rates.

A particular judge indicated that his jurisdiction maintains a roster of folks, many of whom are lawyers, possessing under three years of work history, wishing to contribute to the greater good by undertaking the representation of poor defendants. The judge went on to state that the people who are no longer willing to take the cases stop doing so because they are not being paid enough. The judge said that once a lawyer gains experience, they are no longer willing to take the incredibly low rates offered. This puts indigent defendants at an even-deeper disadvantage because their lawyer is even less-experienced. His suggestion is that the billable hourly rate be increased by 100 percent.

Taking on civil cases and preparing wills is much more profitable for these attorneys and, as a result, they prefer them to criminal cases involving poor defendants. These judges don't believe any attorney should be expected to work for the state for such a low rate of pay. For the most part, criminal cases handled by the state will give the defendants appointed counsel, which doesn't pay as much as some of the more lucrative types of work.

About twenty years, the state had to reduce the pay attorneys were given, because of budget cuts. Both in-court and out-of-court hourly rates experienced a significant drop. The rates from twenty years ago are basically the same as they are today. One judge suggested a return to the rates, at least, as he supported his peer.

Too few lawyers are willing to take indigent cases, and this is creating a crisis in his court. If compensation rates were returned to previous levels, more attorneys would be willing to take the cases. Some lawyers who were considering stopping, may even continue. They do like the system that is used currently, but argue that the lawyers are simply not paid well enough.

A very small percentage of the three hundred practicing attorneys in one county are willing to take indigent cases. The percentage is getting smaller and smaller. One judge cited his estimate of ninety percent of those who ask to be removed from the indigent volunteer list that state the compensation rate as their reason for doing so. One judge found that about one quarter of the lawyers would take indigent cases in his district. The original list has lost even more members, causing that number to slip further. The legislative committee took no action on this issue.

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