When Robert Hooker and Robert Hirsh took over the Pima County Public Defender's Office, they promised to start handling the lion's share of criminal-defense work in the county and improve the reputation of their office.
Back then, in January 2005, less than a third of criminal defendants were represented by public defenders. The vast majority were being handled by more expensive private attorneys who have contracts with the county.
By the time Hooker died in a car crash in April 2008, the Public Defender's Office was handling roughly half of all criminal defendants, a progression Hirsh continued when he took over the office.
As of June 1, the office was representing 64 percent of all criminal defendants. Representation of first-degree-murder suspects is up from 19 percent in 2005 to 45 percent today.
"We more than doubled in a little more than five years, and I think that's pretty darn good," Hirsh said.
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Pima County Administrator Chuck Huckelberry agreed.
"He's done well. He's done what he's supposed to do as a public defender: turn the office into a true legal-defense arm of the county," Huckelberry said.
About 93 percent of those charged with crimes get taxpayer-funded lawyers at a cost to the county of $26 million a year.
Huckelberry said he hopes Hirsh's efforts translate into between $2 million and $4 million in savings next year because public defenders' pay averages $35 an hour, compared with $40 to $75 an hour for contract lawyers, depending upon the type of case they are handling.
More than a year ago, county officials said they were working on a plan to start verifying defendants' incomes to make sure they are entitled to a county lawyer, but Huckelberry said it still hasn't been implemented. However, he said he anticipates that move will produce minimal additional savings.
The public defender is the first option for those eligible for county legal assistance. But sometimes cases have to be moved to the Legal Defender's Office or to a contract lawyer because of some kind of conflict.
A key change boosting the public defender's numbers is that lawyers are no longer able to reject cases simply because they don't want them.
In addition, Hirsh said his second-in-command, Lori Lefferts, also pays attention to the ebb and flow within the criminal-justice system. When the office was able to hire three new attorneys, and when arrest numbers were down, Lefferts notified county administrators the office could take on some of the misdemeanor driving-under-the-influence cases.
The three positions have been lost because of attrition, but public defenders are still trying to take on some of those DUI cases, Lefferts said. The result: Last fall, 18 percent to 26 percent of new cases each month were farmed out to contract attorneys, but by June 1, contract attorneys were handling just 8 percent of the cases per month.
Hirsh said the changes will definitely produce savings, although it's too early to say how much. "There are no other inferences that can be drawn. When your office is being assigned 75 to 80 percent of the intakes, (cost savings) are an inevitability, absolutely."
Pima County Superior Court Judge John Leonardo believes the Public Defender's Office is moving in the right direction in terms of not only increased caseloads, but also quality and professionalism.
"I think they do a better job" than five years ago, Leonardo said. "They are better trained and better motivated, and they seem to be working hard."
While contract attorneys say they are better attorneys than public defenders, Leonardo said he believes defendants are just as well-represented by public defenders as by contract attorneys.
Rick Lougee, a defense attorney who has a contract with the county, said the Public Defender's Office should take on as many cases as feasible, but questions of quality won't be settled until appeal rates are studied.
Someone will need to compare how many cases are overturned based on ineffective-attorney claims, Lougee said.
Judge Richard Fields, who presides over the criminal bench, said he, too, has noticed more training.
"When the first words were spoken about them taking on more cases, I had my concerns, but I can't say those concerns have come to reality," Fields said.
Because of several internal changes, attorneys have better morale, the office is attracting better-qualified applicants, and clients are being won over, Hirsh said.
"These people, in large part because of the attitude and culture within the office, aspire to do their very best," Hirsh said. "There was a sense years ago that public defenders were whipping boys, but now everyone is proud to work here. It's a much-sought-after job, and our people believe they are performing a service to their community."
Huckelberry said he'd put any of Hirsh's young, passionate attorneys up against a contract attorney "any day."
Contract attorneys "just have an unrealistic view of the world, and they're trying to hang on to a dynasty that is going extinct," Huckelberry said.
Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com
