Defense Attorneys Petition County for Pay, County Sidesteps Lawsuit

Defense attorneys are petitioning Pickens County for fair pay. Speaking on behalf of attorneys representing indigent juvenile cases, Attorney James Johnson petitioned the county for fair pay this week.

“The problem is that we’re required to do more work than what we’re paid for,”

he said during a board of commissioners’ workshop Thursday. Currently, he said these defenders are getting below the state minimum.

“Our contract right now,”

he said,

“is $20,000 a year.”

This salary amounts to $384 a week. Several years ago, the state Supreme Court set guidelines of a minimum to pay indigent defense attorneys. According to these guidelines, the minimum rate is $45 an hour for out-of-court work and $60 an hour for in-court work.

“If you do the math, we’re being paid eight hours a week,”

he said.

Johnson explained previously counties would appoint an attorney and pay him an hourly rate, but were still having a hard time finding attorneys to take cases. Pickens then moved to a panel of several attorneys who would rotate assignments. Four years ago, he said, the county moved to a contract system. Johnson said the contract was acceptable at first, but then several years ago the rate was cut and a year later was cut again. Following the second rate cut, he said his group of defenders were considering filing suit against the county, but reconsidered, deciding to try to work out a deal. As such, Johnson started talking to Commissioner Robert Jones eight months to discuss a possible resolution.

“I’ll sign a contract for $20,000 today, before I leave this room, if I’m only required to give $20,000 worth of service,”

Johnson told the board of commissioners,

Later, he noted no other surrounding county pays less for indigent juvenile defenders than the Appalachian Circuit. Some options for resolution include establishing a new contract and returning to an hourly based pay, such as the initial system. He cautioned, though, counties on the contract system typically pay higher rates, saying the next lowest contract rate is $50,000 a year. He gave an additional warning.

“If you do anything but a contract or an hourly basis,”

he said,

“I think you’re getting into uncharted territory.”

Addressing another possible option, Johnson said he discussed the situation with Appalachian Circuit Public Defender Mike Parham about the public defender’s office assisting with the indigent cases. However, Parham said his office doesn’t have the money or resources to handle the cases.

At the start of the meeting, Johnson wheeled in a cart of files to emphasis the amount and gravitas of his work. The cart contained forty pending files.

“What this represents,”

he said fanning the files,

“is a family who may lose their children. That’s what we deal with in juvenile indigent defense cases. DEFACS comes in, removes the child. They have to appoint an attorney if they’re indigent, which is 98 percent of the time. If they can’t reunite the family at the end of the year, the children are basically removed from their family and put up for adoption.”

He emphasized indigent juvenile defense attorneys are not asking for a raise.

“What I’m talking about here is basically minimum wage set by the state,”

he said.