Attorneys Hit Wall in Contract Negotiations

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Defense attorneys hit a wall this week while negotiating a new contract with Pickens, Fannin and Gilmer Counties. The contract pertains to defense attorneys trying indigent juvenile cases in the Appalachian Circuit. In May, speaking on behalf of attorneys representing these cases, Attorney James Johnson petitioned the county for fair pay. 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,”

he said,

“we’re being paid eight hours a week.”

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 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.

Since the beginning of last month, counties in the Appalachian Circuit and defense attorneys have been working on a new contract.

Mr. Johnson was present again at Thursday’s Pickens Board of Commissioners workshop. This time, though, he didn’t mention salary, but cited other concerns.

“I don’t see how three attorneys are going to handle 900 hundred potential cases circuit-wide,”

he said. Johnson explained the law right now requires each party in a single case to have an attorney. If a case involves a father, mother and children, three attorneys are required by law to try the case. Currently, Pickens County has between 100 and 110 indigent juvenile cases, which Johnson said equals 300 attorneys. The 900 number is given the two other counties have a similar number of these cases.

“The other problem,”

he said,

“is that the juvenile code has changed.”

Taking effect January first, the new code states each child must have an attorney. Johnson said he recently tried a case involving four children and two parents. Under the new code, he said, this would require six attorneys.

Commission Chair Robert Jones said he will continue to work with defense lawyers in Gilmer and Fannin Counties to establish a new contract for indigent juvenile cases.

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