The State of Public Defense in Minnesota

The front page of the Star Tribune had a picture of Governor Tim Pawlenty. Button-down shirt, hands mid-clap, eyes crinkled from the huge smile on his face. The article touted the SUCCESS! of the 2008 Minnesota budget. $20 million to buy land from a power company for a new state park in Lake Vermillion! $300,000 for an exhibit for polar bears! Funding for light rail! Millions for a new parking garage for the Mall of America!

But $4.6 million dollars short for public defense. Public defenders around the state have been told "Pack up your bags, your last day is July 1". A system already short on public defenders now being told you need to cut 60 attorneys.

I'm angry. And frustrated. Our "union", the Teamsters, doesn't really seem too interested in fighting for us. Our Chief Public Defender here in the 4th District looks tired from attempting to save everyone that works for him. Even though our specific office here in Hennepin County is currently 13 attorneys short of a full deck, they are still threatening to cut 12 more. The 10 'o clock news full of stories of what it would mean to the courthouses and clients.

But that's not the worst part. The worst part is we don't know why. Did the legislature and governor not appropriate adequate funding for an entire branch of government? Did they actually choose the Mall of America over the poor? Or is it something more sinister and sad? Rumors are flying around that it wasn't that the legislature failed to appropriate the funding, but rather that the Board of Public Defense crunched the numbers incorrectly and didn't ask for the appropriate amount of funding. I've heard other rumors that the Board is saying it was our 3.5% COLAS (our first COLA since public defense in Minnesota went statewide) that is causing the problems. Either way, we have no answers. Just disembodied emails from the Board of Public Defense saying, "we don't know if this effects you yet, but it probably will".

Prosecutors aren't facing any sort of staffing cuts. They will still be charging cases. Judges will still be sitting on the bench to hear those cases. Cops will still be arresting my clients on the streets and filling the jail. But with 12 less public defenders in my district, those clients cannot be assured adequate representation. The whole criminal system will suffer. By law, indigent people in Minnesota must be represented by someone employed by the Minnesota Board of Public Defense. There is no such thing as private-bar appointments. As I sit here with at least 25 open felonies (and a slew of misdemeanors) on my desk that include Criminal Sexual Conduct and Attempted Murder, I wonder how I could take on more and still spot every legal issue, do all the investigation, and prep every trial with the level of comprehensiveness I find necessary.

And what if I lose my job? I suppose I move on... Many public defenders take less pay and a stressful job because it's supposed to be stable work with good benefits (where you can feel good about what you do). What about the newer lawyers, frequently with $100,000+ worth of debt, who do this job out of love and barely squeek by on what they make as it is? They are the ones in the most danger of losing their jobs.

Minnesota used to have one of the best public defender systems in the country. Now, as I see it unravel, I am scared for what it means for the poor in this state. And trust me, everyone is worse off for it.

Enjoy the parking garage at your mall.