Executive Budget Includes Public Defense Reform

The persistence of the Campaign in demanding public defense reform that includes independence has had an impact. In an Executive Budget full of cuts and pain, the Governor is proposing an investment in public defense that includes a new state office and an additional $7 million in state funds for local public defense. The proposed office would have limited duties and responsibilities regarding public defense. It would be overseen by a board that would include members representing the Executive Branch, the Judiciary, county government, and public defense. While operating under the administrative supervision of the Division of Criminal Justice Services (DCJS), the office would report to the board, not DCJS, with regard to policies and standards. The office would recommend distribution to counties of state funds for public defense; the board would make the final decision about that distribution.

This is not the statewide, independent commission heading a fully state-funded public defense system that the Campaign calls for. Still, the need for public defense reform has been acknowledged - and the need for oversight to be independent is recognized in the very first section of the bill. In this way, the proposal is an improvement over a bill proposed two years ago for an office directly answerable only to the Executive. We’ve made real progress!

We are examining the bill closely, and will have more to say about it soon. The proposal is Part E of the Public Protection and General Government Article VII Legislation (Legislation Bill Drafting Commission 12670-01-0). It begins at page 246.