Wanted: More Crime Attorneys

Crushing caseloads have prompted Kootenai County’s prosecutor and public defenders to ask for more attorneys.

Prosecutor Bill Douglas’ proposed 1998-99 budget includes requests for two more deputy prosecutors, two more secretaries, a part-time assistant investigator and a legal intern.

Chief Public Defender John Adams has asked county commissioners to allow him to hire three more attorneys and two secretaries. He proposes staggering the hiring throughout the fiscal year.

Each request would cost taxpayers about $100,000.

“All of it comes with a price, but we’re certainly paying a price now,” Douglas said.

The prosecutor’s office filed 50 percent more adult felony cases in 1997 than it did during the previous year, Douglas said. Drug cases accounted for much of the hike.

In turn, public defenders were assigned to represent defendants in 35 percent more cases. Currently, the office’s 10 attorneys are on pace to handle 450 cases each this year.

A combination of other factors also have strained attorneys in both offices, including the hiring of a fourth 1st District Court judge in January and the recent opening of four new courtrooms.

“Having to cover more courtrooms strains an already over-strained staff,” Adams said.

Last week, three felony jury trials running simultaneously forced Deputy Prosecutor Eric Van Orden to step into a double-rape case at the last minute, Douglas said. Van Orden spent the weekend before the trial learning the case.

“I am thankful for another judge,” Douglas said. “The downside is I need sufficient staff to be able to man his courtroom and his cases.”

Kootenai County commissioners were in meetings Thursday afternoon and unavailable for comment.

The hiring of a new deputy prosecutor last year and a decrease in felony cases from 1995 to 1996 had left Douglas hopeful his office’s caseload would remain manageable. Drug cases also fell dramatically during that period.

“What I thought was the light at the end of the tunnel was actually the light of the oncoming train - the onslaught of new drug filings,” Douglas said.

Using the grand jury to charge complicated drug cases and implementing a drug court could help reduce the burden drug cases place on the system, Douglas said.

However, a proposal to run a drug court system, which would channel first-time, non-violent offenders into treatment programs, is several months away. Until such a system proves able to slow the prosecutor’s caseload, new hires are needed, Douglas said.

If commissioners approve Douglas’ request, he plans to assign one new deputy prosecutor each to the felony and juvenile teams. The secretaries would be assigned to support attorneys handling felony and misdemeanor cases.

Currently, the prosecutor’s office employs 12 attorneys, including Douglas. Half are assigned to prosecute felony cases.

Douglas’ proposal, which represents about a 10 percent increase to this year’s $1.1 million budget, also includes requests to promote two attorneys, install voice mail on phones throughout the office and buy a digital camera and laptop computer.

“I need room to promote my people who are performing well and have the experience,” Douglas said.

Across Government Way, the public defenders office also has felt the crunch of a large caseload. Deputy public defenders expect to be assigned 4,500 cases this year, about 1,300 more than they handled last year, Adams said.

That number has been steadily climbing since 1993. Deputy public defenders regularly cover for each other when court appearances conflict.

Most work 10 to 20 hours overtime weekly preparing for hearings, Adams said.

“It’s very common to come in on Saturday or Sunday and find six attorneys working,” he said.

Attorneys who have recently left the public defenders office have told Adams the workload began affecting their personal lives.

“These attorneys do a real, real fine job,” Adams said. “They work very hard and do a fine job for the people of this community. Their workloads are staggering.”

Adams proposes to hire the first of three attorneys Oct. 1. Two others would start four and eight months later, pulling the office even with American Bar Association standards for caseloads per attorney, he said.

Two new secretaries to assist those attorneys also are needed, Adams said. The additions would cost $98,000.

Commissioners have previously been understanding of the strains on the public defenders office, Adams said.

“We’re not trying to gouge anyone,” he said. “We think these are legitimate needs.”