New Report Says Public Defenders' Caseload is Too High

The average caseload for a public defender in Clark County is 364 felony and gross misdemeanor cases and 327 cases in Washoe County. The standard recommended by the National Legal Aid and Defender Association is 150 cases, less than half of what defenders in both of Nevada’s population centers currently carry.

According to a report issued Wednesday by the Spangenberg Group and the Center for Justice, Law and Society at George Mason University, these overwhelming caseloads do not give the public defenders adequate time to give "competent and diligent" assistance to indigent defendants charged with crimes.

"This study says these offices are in crisis," said Gary Peck, Executive Director of the ACLU of Nevada. "The lawyers in these offices are carrying caseloads that are overwhelming, that exceed all the standards that have been set for indigent defenders."

The report says that significant staffing increases are needed to ensure that Nevada meets long-standing United States Supreme Court requirements for indigent representation. Clark County currently has 98 attorneys, but up to 90 more lawyers are needed to bring the county in line with Constitutional requirements. Washoe currently has 39 defenders, and up to 29 more are needed.

The report was mandated as a part of the statewide Indigent Defense Commission created by the Nevada Supreme Court in 2007. In October of last year, the Court issued a set strict performance standards for the state’s public defenders, ADKT 411. The standards cover nearly aspect of ensuring that indigent defendants receive proper representation. The report lauds these as “the most extensive and comprehensive set of performance standards” in the country.

Although the cost of bringing the counties' public defender systems into line with the caseload requirements and performance standards may be high, not doing so could open the state and counties to possible lawsuits.

"The Constitution mandates the provision of adequate, competent representation for indigent defense,” said Gary. “This is not a discretionary funding issue.”

The study was conducted before the Court’s performance standards took effect on April 1. Another study will be completed after the standards have been in effect.