Indigent defense

Apparently, the state's judiciary failed to consult most of rural Nevada before declaring an indigent-defense emergency. And Clark and Washoe counties are having second thoughts about some rigid deadlines set by the Nevada Supreme Court.

Much has been made over the past few years of public defender caseloads in Clark and Washoe counties, and of the manner in which contract attorneys have been assigned to poor criminal defendants. A Supreme Court commission was empaneled last year in response to a Review-Journal investigation that found conflicts of interest and a profound lack of oversight in Clark County's indigent defense system.

In January, after the commission issued its recommendations in a report, the Supreme Court ordered several reforms. Lawyers have until April 1 to meet new performance standards for their cases, counties have until May 1 to devise procedures that remove judges from the selection of public defenders, and Clark and Washoe counties must complete public defender caseload studies by July 15. The court basked in the approval of indigent defense advocates and legal experts from Nevada and beyond.

During a three-hour hearing Tuesday, Supreme Court justices had a bit of cold water splashed in their faces.

"I take exception to the idea that we're in a crisis," rural District Judge Richard Wagner said in criticizing some of the mandates as heavy-handed and unfair.

Clark and Washoe counties, meanwhile, are confronting the reality that whatever caseload cap results from their studies will require millions of dollars in new spending. Officials from both governments asked for more time to meet requirements.

"It would have been helpful to have this information before the commission's report was drafted," Supreme Court Justice James Hardesty said.

The court's work on this issue has been commendable, but justices must realize that each county has a finite amount of resources to meet their constitutional obligation of providing counsel to the poor. A little leeway here would be appropriate, particularly on the issue of caseload studies for Clark and Washoe counties.

The court should have the counties expand their studies to include public defender compensation. Clark County, in particular, can't afford to have some of the best-paid public defenders in the country and caseload caps, too. One or the other has to give.