County judges see crisis in public defender numbers

Bartholomew County judges say that they are facing a serious shortage of public defenders, due to low pay, large case loads and a shrinking pool of attorneys in the county.

Judge Jim Worton told the County Council this week that the assignment of public defenders to suspects judged to be indigent is a constitutional necessity for the justice system. But he said that where there used to be more than 100 attorneys practicing in Bartholomew County, there are now about 40. And of those 40, fewer are interested in being public defenders. Where the job used to be a side gig, the case loads have increased to the point where they are overwhelming.

Worton said the county courts rely on about 13 public defenders.

The judges are asking the county council and commissioners for better pay and benefits for the attorneys. Under the judges proposal, pay would be increased from the current $51 thousand a year to $65 thousand for the rest of this year going forward. And the judges would like to find a way to offer the public defenders health insurance under the county plan.

The judges also proposed a study to determine the best path forward to solve the crisis. In 2017, a local panel recommended changes where the Indiana Supreme Court would pick up 40 percent of the cost of the county public defenders. However, that would also require the county meet all of the state guidelines on staffing and support. Worton said that the state paid public defenders make more than $85 thousand a year and have smaller case loads than Bartholomew County’s defenders.

The judges will bring the proposal formally before the council soon and ask the commissioners about how to bring the defenders into the county benefits plan.