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 Clark Circuit Judge Julia Adams says the Department of Public Advocacy's caseload numbers are "somewhat misleading" and the agency has not exhausted its options for serving its needy clients.
Adams issued her ruling Wednesday. It comes two days after she heard testimony about the impact of budget cuts on the state's public defender system.
The General Assembly cut the public defender budget by $2.3 million this fiscal year. Public Advocate Ernie Lewis has told his public defenders to withdraw from certain types of cases in an effort to save money and avoid layoffs. In those cases, including the one before Judge Adams, the Department of Public Advocacy is requesting that the Finance and Administration Cabinet be ordered to cover the cost of hiring private attorneys as replacements for the public defenders.
At least a half dozen judges have issued such orders, but Adams rejected the idea, writing in her ten page opinion that she is "not persuaded at this time that the Public Advocate has exhausted all means available to him to serve needy conflicts clients who face substantial penalties."
Public defenders claim they have caseloads which are too heavy, but Adams questioned the agency's reporting system. "It is somewhat misleading to report historical attorney caseloads using a self-calculating method ..."
The state's budget director has also, in a letter, said the state should not be billed for the hiring of private lawyers until the Department of Public Advocacy's budget is "exhausted."
During Monday's court hearing Lewis called that stance "ridiculous," adding that if he does not implement cut backs the agency will run out of money between February and April.
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