By Dave Thompson
Bismarck, ND – The chairman of a task force that studied North Dakota's system for indigent defense says the way the state provides legal representation for defendants who can't pay for it is heading toward a crisis.
Walsh County States Attorney Sharon Martens testified before a legislative committee looking at a bill to make some changes in indigent defense. The bill --before the Senate Judiciary Committee --would create an independent commission, taking the appointment of attorneys out of the hands of judges. It would allow attorneys to work by contract -- or eventually set up a state-funded public defender system. It would also pay the attorneys more than they get now -- and try to limit their caseloads.
Martens told the committee many of the lawyers have too many cases -- and that means something is going to suffer.
"And it probably will mean that lawyer will have no opportunity to fully develop a case that needs to be developed," said Martens. "There won't be enough time for in-depth legal research. There won't be time to do all the motions that should be done, or to check into things as fully as they should be. Untilmately, the lawyer will either quit the contract or simply burn out."
Rep. Lawrence Klemin (R-Bismarck) is a lawyer. He told the Committee that the current system is broken.
"North Dakota has had a problem -- not only from the standpoint of its contract system, with the conflict of interest with the courts," said Klemin, "as well as the very low pay. This has resulted in a lack of effective representation. And in some cases, it's very difficult to get anyone to do this."
Other supporters of the change say other states have been sued over how they provide that indigent defense -- and North Dakota could face the same thing -- if the system isn't changed.
The bill would call $6 million in new general fund money. If the Judiciary committee approves it, it would still have to be heard in the Senate Appropriations committee.