Notice from the IDS Office Concerning

Payments to Private Attorneys and the Indigent Defense Budget

Updated August 1, 2003

 

Timing of Attorney Payments:

IDS’ June 2003 allotment was our final allotment for last fiscal year, and was exhausted paying attorney fee awards received at the AOC by May 2, 2003.  All remaining unpaid fee awards will be paid out of IDS’ appropriation for this new fiscal year, which began July 1, 2003. 

 

In July, the Office of State Budget (“OSB”) released IDS’ regular monthly allotment, plus a $1 million advance in our budgeted funds.  Those funds were exhausted paying fee awards that were received at the AOC through June 3, 2003.  The OSB will be releasing our August funds, plus a $4 million advance, early next week.  We anticipate that those funds will cover attorney fee awards received at the AOC through late July 2003. 

 

Background and Overall Financial Picture:

Fiscal Year 2001-2002:

As a result of carry-over debt from fiscal year 2000-01, a reversion imposed by the OSB during fiscal year 2001-02, a monthly allotment for private assigned counsel and defense experts that was insufficient to cover the demands on the fund, and over-budget spending on private counsel and experts (primarily in adult non-capital cases), the indigent defense fund ended fiscal year 2001-02 approximately $6.7 million in debt.  That debt was paid out of funds budgeted for fiscal year 2002-03, which began July 1, 2002.

 

Fiscal Year 2002-2003:

The supplemental budget for fiscal year 2002-03 allocated an additional $4.95 million in non-recurring funds to IDS.  While IDS was required to contribute .2% of our budget ($137,304) to the statewide negative reserve, the OSB did not apply the Governor’s reversion to the indigent defense fund last fiscal year.  The IDS Commission is grateful to the General Assembly and the OSB for the funding indigent defense received last fiscal year. 

 

However, even with that additional funding, indigent defense remained under-funded.  Moreover, the number of attorney fee applications submitted last year increased by approximately 16%, which suggests that more attorneys were appointed in misdemeanor cases due to the United States Supreme Court’s decision in Alabama v. Shelton (extending the Sixth Amendment right to counsel to indigent defendants facing a suspended sentence).  As a result, the indigent defense fund ended fiscal year 2002-03 approximately $8.7 million in debt, and attorneys and experts again experienced payment delays as the fiscal year progressed.

 

Fiscal Year 2003-2004:

            The budget for this new fiscal year, which began on July 1, 2003, was approved by the General Assembly and signed by the Governor on June 30.  That budget treats last years’ $4.95 million non-recurring appropriation to IDS as part of our base budget and also appropriates an additional $3.5 million to indigent defense for fiscal year 2003-04.  Once again, the IDS Commission is extremely pleased that the General Assembly appropriated this additional funding for indigent defense, especially when almost all other state programs received substantial cuts.  In addition, we are hopeful that the OSB will continue to advance some of IDS’ budgeted funds throughout the beginning of this new fiscal year and enable us to pay off last year’s unpaid bills as quickly as possible.

 

Unfortunately, even with this year’s additional appropriation, our budget again will be insufficient to cover demands on the indigent defense fund.  Thus, the IDS Commission is still concerned about the potential for payment delays this year.  We will continue to do everything possible to advocate for prompt payment to defense attorneys and experts, as well as sufficient funding for the indigent defense program in general.  We urge each of you to contact your legislators and the Governor about the importance of adequate funding for indigent defense.