Monday, April 14, 2003
Copyright © Las Vegas Review-Journal

EDITORIAL: Public defender fees

The cash-strapped Clark County Public Defender's Office has come up with a worthwhile proposal to defray a portion of its perpetual deficits: Require some of its clients to pay a portion of their legal fees. Public Defender Marcus Cooper is expected to report to the County Commission this week about the feasibility of implementing such a plan.

A handful of other states require the payment of modest fees from some clients who are too poor to afford private counsel but not entirely destitute. The charges range from $10 to $100 per defendant, and raise anywhere from $83,000 to $2.5 million a year in revenues, depending on the level of the fee and the jurisdiction.

The proposal makes sense. Clearly, hundreds of persons are arrested in Clark County each year who lack the financial resources to hire private attorneys. And every criminal defendant has the right to legal counsel, at public expense if necessary. But that does not mean the taxpayers have to underwrite every penny of an indigent defendant's legal fees.

To be sure, Mr. Cooper's office faces a number of challenges, including a work load which is roughly double the national standard of 150 cases per attorney annually. And he says he will not recommend assessing fees of any amount until the County Commission weighs in.

But, Mr. Cooper said Thursday, "There are a number of clients who are indigent but also have an ability to contribute." True enough. The commission would do well to consider client fees which are not onerous but can make a meaningful contribution to the department's cash flow.