County has $1.6 million budgeted for indigent defense

With $1.6 million budgeted for the indigent defense fund and a $63,506 grant from the Task Force on Indigent Defense for fiscal year 2011-12, Ector County Judge Susan Redford said it’s still possible for the county to go over its allotted budget this year.

“We’ll just have to see how this year pans out,” Redford said.

Indigent defense — which includes court-appointed attorneys, investigators, expert witnesses and any extraneous trial expenses — is provided to those accused of a crime and are found they cannot afford representation on their own.

In fiscal year 2010-11, Ector County commissioners set aside $1.5 million for indigent defense

but the total spent by the end of the year ended up being a little over $1.7 million, Redford said. The $62,793 from the Texas Fund on Indigent Defense did little to offset the budget shortfall.

The reason for the increase in indigent defense spending during the past couple of years, Redford said, was due to the number of high profile cases such as murder and sexual assaults that have been going through the courts.

“It’s taking a toll on that fund,” she said.

In Midland County Judge Mike Bradford said his county had set aside about $1.4 million this year for their indigent defense budget and said they received a $63,396 grant from the Task Force on Indigent Defense. In 2011, Bradford said the county spent more than they budgeted, but he said he had better hopes for this year.

“We’ll probably just spend the $1.4 (million)” Bradford said.

In Ector County, defense attorneys are not required to be on the list of court-appointed lawyers; however, those who do volunteer for the service are put on a list and selected depending on who is next. In special cases, a lawyer with certain skills such as being bilingual or specializing in a certain type of case can be utilized.

Fees paid to attorneys for their services are determined by the type of case and the amount of time that is spent on it. Should the attorney’s client get deferred adjudication or a probated sentence, a court order could have the defendant pay back the county.

A single trial can cost hundreds the county hundreds of thousands from its indigent defense budget. Redoing the punishment phase of Michael Dean “Spider” Gonzales — convicted in the April 1994 deaths of Manuel Aguirre, 73, and Merced “Bita” Aguirre, 65 — cost $227,369.84 between Sept. 2007 and June 2010, according to reports from the Ector County Auditor.

The county also spent $125,333.22 in preparation for the trial of Larry Neil White, which did not take place. White died of esophageal cancer May 31. White was accused of killing three Odessa police officers and shooting at three others in Sept. 2007 at his 2912 Ventura Ave., home.

If a case needs to go to trial, an attorney’s caseload may also factor into when a court date is set.

“If they’re qualified and they’re very busy, that does slow down the (trial) process,” Redford said.

Defense lawyer David Zavoda said even though he is not required to serve as a court-appointed lawyer, he said he does it as a small way to give back to the community.

“That’s how you got to look at it: As a part of your ethical duty as a lawyer,” Zavoda said.

Zavoda also said taking court-appointed cases was a good way for younger lawyers to hone their skills and gain experience.

“You’re going to get more experience that way than just sitting in your office,” he said. “If you want to be a criminal defense lawyer, the only way you’re going to get out there is if you have cases.”

@OAgovernment