Tuesday, August 12, 2003
Copyright © Las Vegas Review-Journal

Office's troubles focus of panel

County's agency for defense of poor recently criticized

Clark County Public Defender Marcus Cooper has established a committee of legal experts and advocates for the indigent to address his office's performance and the region's commitment to the defense of the poor.

The creation of the panel is Cooper's most recent move to examine the public defender's office, and it follows the April release of a scathing report from the National Legal Aid & Defender Association.

The report said attorneys in the public defender's office are saddled with workloads double the national standard, and juvenile cases are mounting at such a rate that lawyers devote an average of two hours to each case.

Cooper said the committee, which is scheduled to hold its first meeting Aug. 26, was established to serve as a forum on indigent legal representation and to forge a stronger, more unified front in pressing the public and the County Commission to make indigent defense a higher funding priority.

"We are not going to shy away from harsh criticisms if they are forthcoming, and we have individuals (on the committee) who are not afraid to share their opinion," Cooper said. "It's important to bring together agencies and individuals involved in the representation of indigent citizens. That way we can have a stronger voice in advocating for the rights of the indigent."

The committee includes representatives of the Nevada and Latin bar associations, the federal public defender's office, agencies devoted to indigent representation in civil cases and one of Cooper's most vocal critics, Gary Peck of the American Civil Liberties Union.

"We have believed for some time, and continue to believe, the public defender's office is plagued with serious problems, said Peck, executive director of the ACLU of Nevada. "We believe the problems are so serious that they demand immediate attention because many clients are receiving services that don't meet constitutional standards."

Peck said he is reserving judgment on whether the committee will be effective, but he said the ACLU has urged Cooper to expand the committee to include representatives of minority communities and other segments of the community that use the public defender's office.

Three of the other committee members said they are unsure what to expect when the committee first meets, but its formation is a step in the right direction to improve indigent legal services in both criminal and civil cases.

"There are a lot of issues we need to address with indigent defense," said committee member Phil Kohn, who leads the independent special public defender's office. "I don't think the result (of a case) should depend on whether someone can afford an attorney. Justice should be blind and not be a matter of dollars."

Committee member Max Couvillier, a member of the Latin Bar Association, is concerned with the percentage of indigent defendants who are Hispanic.

"The Hispanic community in Las Vegas has multiplied incredibly in the last few years," Couvillier said. "I want to see if there is a problem with Latin indigents and see if we can address that problem and improve it."

Although a reorganization of the Clark County public defender's office is just getting under way, Cooper said the office has addressed criticisms that persisted under his predecessor, Morgan Harris.

For example, Cooper said, the number of cases going to trial this year has doubled since last year. About 50 cases went to trial in 2002, and an equal number have been tried during the first six months of this year, he said.

Cooper said establishing the committee and starting his reorganization does little to bolster staffing levels that need to be increased to ensure indigent clients are getting a good defense.

"These are very difficult times economically for the county," Cooper said. "Every county agency has its needs, but none are more pressing than those in the public defender's office."