MISDEMEANOR WORK PUTS FURTHER STRAIN ON DEFENDERS

A recent U.S. Supreme Court decision could push caseloads over the top for
public defenders' offices across the country.

People facing jail time or probation for misdemeanor crimes such as driving
under the influence or marijuana possession now are entitled to public
defenders.

The court's decision last year in the case of Alabama v. Shelton requires
states to provide representation for poor clients who face any possibility
of jail time, said Scott Wallace, director of defender legal resources with
the National Legal Aid and Defense Council.

"The basic rule is if you want to lock someone up, they've got to get a
lawyer," he said.

Mr. Wallace said states appear to be taking different approaches to
complying with the decision, although he was quick to note that he didn't
know of a single state in full compliance. Some states have gone so far as
to consider decriminalizing minor offenses, and a few legislative bodies
are debating eliminating minimum sentencing guidelines, he said.

In Anderson County, attorneys have relied on pre-trial diversion in which a
defendant accused of a misdemeanor will avoid the possibility of jail time
by paying a fine or performing community service, Public Defender Robert
Gamble said.

In Georgia's Mountain Judicial Circuit covering Stephens, Rabun and
Habersham counties, Public Defender Drew Powell is struggling to provide
misdemeanor representation. So far, his office has begun working on
misdemeanor cases in only one of the circuit's three counties.

Judge James Cornwell submits the budget for the Mountain Judicial Circuit
Superior Courtsystem to county commissioners in Stephens County.

He has warned the commissioners that they must prepare to provide attorneys
for defendants accused of misdemeanors. Although a new indigent defense
system will move much of the financial burden to the state in 2005,
counties still will have to pay for non-felony indigent defense, he said.

"The county has to consider Alabama v. Shelton in how they're gong to fund
indigent defense," he said. "They have to plan to allocate more funds to
indigent defense."