Private attorneys fill gaps for overworked defenders

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By NANCY HICKS / Lincoln Journal Star

When the public gets mad at certain crimes and politicians respond with higher penalties, taxpayer costs go up, said Lancaster County Public Defender Dennis Keefe.

For the Lancaster County Board, the increased cost of crime over the next year could be $170,000, the price of private attorneys to defend indigent defendants.

Keefe has begun limiting the number of new cases his staff will take in order to keep caseloads reasonable, based on a recent caseload study.   

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Lancaster County Public Defender Dennis Keefe

Lancaster County Public Defender Dennis Keefe

That could mean judges will assign private attorneys to handle  an estimated 31 felony cases, 476 city misdemeanor cases and 118 juvenile cases over the next 12 months, Keefe told county commissioners Thursday. 

Keefe said he will work with judges and with the city attorney to reduce the number of cases and the cost.

The increased caseload comes in part from the Legislature’s decision to stiffen penalties for drunk driving cases and domestic violence  and the city’s history of providing a broad penalty, that includes possible jail time, for many crimes.   

These are political decisions, Keefe said.

The public gets mad at a certain kind of crime and the legislative body raises the penalties.

“But there is a cost to getting mad,” Keefe said.

That cost includes the courts, the prosecutors, public defenders and jails. 

 The public defender’s $3 million to $5 million budget is part of the county’s $54 million total annual cost for public safety, according to County Commissioner Bernie Heier.  

Keefe said he will continue working with judges, who decide whether an attorney should be appointed, and with the city attorney, who decides whether to seek jail time.

Judges generally appoint an attorney for indigent defendants   when there is a possibility they could be sentenced to jail or  prison.

One judge is already making a difference in the public defender’s workload.

Lancaster County Judge Gale Pokorny has begun refusing to appoint an attorney unless there truly appears to be the possibility of jail if the client is convicted for county misdemeanor cases.

The judge’s new practice is part of the reason for a 22 percent drop in county misdemeanor cases sent to the public defender this year, Keefe said.  

Keefe has suggested the Lincoln City Council might look at its one-size-fits-all penalty and consider removing jail penalties for crimes such as disorderly house, disturbing the peace, shoplifting and consuming alcohol in public.  Instead there would be escalating fines  and  community service, he has suggested.

The City Council historically has used a single broad sentence —  a fine of up to $500 and up to six months in jail — for many crimes.

Council members would likely be surprised at the kinds of crimes that could result in jail time, from loud car stereos to spitting on sidewalks, he said.

“I fully understand that these are political judgments that others must make, and individual opinions will vary about appropriate punishment in specific cases,” Keefe said in a report to the county board. 

“As long as everyone understands that the status quo is not without costs, the review will be worthwhile,” he wrote.

Reach Nancy Hicks at 473-7250 or nhicks@journalstar.com.