Hatch says public defenders can do more

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December 29, 2009

Essex County could save money in 2010, Hatch says

By LOHR McKINSTRY The Press Republican Tue Dec 29, 2009, 10:28 PM EST

ELIZABETHTOWN — The Essex County Public Defender's Office could do more to save the county money, the chief defender says.

Public Defender Livingston Hatch said the office is finally getting back to normal after the return of his assistant defender, Brandon Boutelle.

Boutelle had been called back to military service to assist with prosecution and defense of prisoners held at Guantanamo Bay Detention Camp.

Hatch said some defendants are charged in both criminal courts and Family Court, and his office usually has the criminal defense. The county has assistant county attorneys who represent indigent Family Court defendants.

"If we have the defendant, why don't we just take the Family Court?" Hatch said. "It would mean probably a $25,000 or $30,000 (annual) savings."

The Family Court lawyers bill $75 an hour, he said.

Supervisor Roby Politi (R-North Elba) said Hatch's dual-defense idea should be investigated.

"This proposal seems so simple," Politi said.

Hatch said it had been discussed in the past.

"It never really came to a crunch. The last time we had a meeting, we tried to figure out ways to save money."

County Manager Daniel Palmer said the local law that created the Public Defender's Office would have to be changed to allow the defender to handle Family Court cases.

He said he will talk with County Attorney Daniel Manning III, and they will go over the local law in question.

Starting a program where defendants with non-violent charges are not jailed could also save money, Hatch said. He said a similar program is used in Vermont.

Hatch suggested they speak with local justices to see if they would be agreeable to such a program.

"Someone has $300 bail, and he sits in the Essex County Jail for five days until he gets out," he said of the way it works now.

"Those are the various ways we could save some money for you next year."

Hatch said the County Public Defender's Office had about 1,000 cases in 2009.

"This year, we will probably do 11 appeals, which normally, in the past, were sent out to private lawyers at the rate of $75 per hour."

E-mail Lohr McKinstry at: lmckinstry@pressrepublican.com