Public Defender Asks County For $410,000 Bailout Mccaslin Suggests Lawyers Not Be So ‘Zealous’ In Representing Defendants

Saying his department is “drowning” in an ocean of cases, Public Defender Don Westerman on Thursday asked Spokane County commissioners for a $410,000 lifesaver.

Reluctant commissioners agreed to help, but suggested Westerman isn’t doing enough to keep his department afloat.

Commissioner Kate McCaslin suggested Westerman’s attorneys are squandering money by working harder than they should to help their clients.

McCaslin said public defenders don’t need to “zealously” represent the interest of their clients, as Westerman suggested during their hour-long meeting.

Indigent defendants who rely on taxpayers to pick up the tab for their legal costs deserve only an “adequate defense,” she said.

“There’s nothing in the law that requires this zealous stuff,” McCaslin said. “If that’s what the public defenders’ association wants to put in its guidelines, that’s fine. But that doesn’t mean we have to fund it.”

Westerman said the county’s growing felony caseload - about 2,700 cases are expected this year - is swamping his staff of nearly 40 attorneys and quickly outpacing his $3.6 million budget.

He wants to use the $410,000 to hire five more attorneys, a paralegal, an investigator and a secretary.

The police and sheriff’s departments have increased their staffs in recent years, which has generated more cases, Westerman said. In addition, he said Prosecutor Jim Sweetser is not inclined to plea bargain.

The combination is leading to a backlog of cases that is tying up the entire criminal justice system and frustrating prosecutors, public defenders, judges, defendants and taxpayers, he said.

Westerman said he’s received three letters from defendants recently complaining that they weren’t adequately represented.

“It’s simply because of too many cases,” he said.

Commissioners conceded the county’s criminal justice system needs an overhaul. But they singled out Westerman for criticism Thursday.

Commission Chairman John Roskelley said Westerman isn’t working hard enough to solve his budget problems.

The commissioner pointed to a memorandum Westerman submitted with his budget request. “It’s full of excuses instead of answers and solutions,” Roskelley said. “We can’t just keep throwing money at it.’

Westerman threw up his hands. He said his office has been working diligently with judges and prosecutors for the past five years to find answers.

“I don’t know what more I can do,” he said.

Superior Court Judge Paul Bastine, who also attended the meeting, suggested more plea bargains, fewer charges being filed against defendants and fewer complicated cases going to trial.

Commissioners asked Westerman to submit a list of his top priorities by next week. “We’re willing to give you some help,” Roskelley said.

In the meantime, Commissioner Phil Harris said he would meet with county administrator Jim Lindow to see where they could squeeze out some more money.

“The reality is 74 percent of the general operating budget already goes to law and justice,” Harris said. “We’ll have to take a serious look at downsizing other areas of the county. They’re going to hate me for saying it, but we may have to put locks on the gates to the parks and close down the swimming pools.”

, DataTimes