Greenwood Commonwealth. October 28, 2023.
Editorial: Do Better By Public Defenders
A recent hearing of a Mississippi House committee made it plain that low-income criminal defendants are not on a level playing field when it comes to their representation in court.
According to the Magnolia Tribune, the House Judiciary B Committee heard about the need for public defenders to assist indigent defendants in court, as well as a significant disparity in pay between public defenders and prosecuting attorneys.
The director of the Hinds County Public Defender’s Office told the committee that finances are a big reason that public defenders leave their jobs. Two months ago, one of her attorneys left to take a job with the Hinds County District Attorney’s office — and got a pay raise of $35,000 per year.
Mississippi Supreme Court Justice Jim Kitchens was among those who told the Judiciary Committee that, when it comes to the salaries of prosecuting attorneys and public defenders, “The playing field is far from level.”
Another attorney said the state should make public defender salaries equal to those of state prosecutors. It’s an idea worth considering for several reasons.
First, the U.S. Supreme Court ruled long ago that criminal defendants are entitled to an attorney when they go to court. A sense of fairness dictates that the representation of these defendants be comparable to their prosecutors. In part this means they should have a defense attorney whose job is as valuable to the state as is the prosecuting attorney’s.
Also, testimony before the Judiciary Committee indicated that some Mississippi public defenders are leaving the state to take similar jobs elsewhere that pay more. There’s been a lot of talk lately about investing state money for jobs that the state needs. It certainly sounds like Mississippi needs public defenders.
Finally, 63 of the state’s 82 counties currently pay private attorneys a flat fee to serve as part-time public defenders. This is admittedly a good way for young lawyers to get some valuable courtroom experience, and it provides income during the early years of their practice. But does this setup best serve defendants? Could a trained public defender do a better job?
David Carroll, executive director of the Sixth Amendment Center, which works to ensure that no defendant goes to jail without proper legal representation, had the most insightful comment at the Judiciary Committee hearing.
“There is no bigger tyranny than when government takes away defense by not providing an effective lawyer,” he said.
It’s a valid point. The Bill of Rights includes specific protections for criminal defendants, so Mississippi should begin studying the issue of public defenders. Goals should include improving their pay as compared to prosecutors and look at expanding the public defender program to more counties.
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