Public Defender Seeks Budget Boost Asks County Commissioners For $256,000 To Keep Up With Burgeoning Case Load

Spokane County’s public defender says he needs $256,000 more this year to keep up with the public’s zeal for sending crooks to jail.

With more deputies on the streets and a prosecutor who frowns on plea bargains, the defender’s office probably will handle about 600 more cases than it did last year, said Don Westerman.

“The problem is much of the increase is occurring in the real heavy, serious stuff,” like murders and other violent crimes, Westerman said. “They’re just not cheap, and they take a lot of time to work.”

Westerman’s request, which came in the form of a memo delivered to county commissioners Tuesday, is no surprise.

He warned in January his $3.4 million budget left his department “in desperate shape.” In June, he asked for an increase of about $400,000; commissioners gave him $100,000.

“They said, ‘How long can you operate (with the increase)’ and I said September,” Westerman said.

Shortly after giving Westerman more money, commissioners gave Prosecutor Jim Sweetser an additional $120,000 for more staff.

They then froze all new budget increases.

Westerman said he couldn’t wait until the budget freeze expires in October to make his request.

The biggest chunk of money would go to private attorneys who handle cases Westerman’s staff cannot.

For instance, one of Westerman’s attorneys defended Kevin Boot against murder charges earlier this year. But Westerman will have to pay an outside attorney to defend Boot’s cousin against the same charges because the prosecution plans to call Kevin to testify against Jerry Boot.

The defender’s office legally cannot work a case in which one of its former clients is a witness for the prosecution.

Commissioners asked for more detailed information before they decide whether to grant Westerman’s request.

With an annual budget of more than $200 million, the county has less than $500,000 in reserve. Many more unplanned expenses could force layoffs, Commissioner Phil Harris warned Tuesday.

Counties are required to provide attorneys to defendants who can’t afford their own. Nearly 90 percent of the people charged with crimes in Spokane County use public defenders.

If commissioners reject Westerman’s request for money, he could sue. He’s already shown that he’s not afraid to play hardball.

Westerman told commissioners in 1994 that if he didn’t get a $150,000 budget supplement, he’d start sending more cases to private attorneys who would bill the county for their work.

Commissioners, who would have had no choice but to pay the bills, gave Westerman the money.

“I’m certainly not at the point where I would suggest that something like that needs to be done,” Westerman said Tuesday.

Harris, who argued strongly to give Sweetser the money he wanted, was cool to Westerman’s request. “We’re not required to give him all the money he asks for,” he said.

Commissioner Steve Hasson compared the county budget process to “poker or roulette or a combination of both” and said Westerman should stop “dropping bombshells” on commissioners.

“There’s got to be a better way,” Hasson said.

, DataTimes