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High Case Load Triggers Public Defender Revolt

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The New York Times

Published: November 9, 2008

MIAMI - Public defenders are notoriously overworked, their turnover is high and their pay low. Now, in the most open revolt by public defenders in memory, the government-appointed lawyers say that budget cuts and rising caseloads have pushed them to the breaking point.

In September, a Florida judge ruled the public defenders' office in Miami-Dade County could refuse to represent many of those arrested on lesser felony charges so its lawyers could provide a better defense for other clients. Over the past three years, the average number of felony cases handled by each lawyer in a year has climbed to close to 500, from 367, and caseloads for lawyers assigned to misdemeanor cases has risen to 2,225, from 1,380, officials said.

"Right now a lot of public defenders are starting to stand up and say, 'No more. We can't ethically handle this many cases,'" said David J. Carroll, National Legal Aid and Defender Association research director.

The state appealed the Miami-Dade case, closely watched nationwide, saying offices must share the falling revenue burden. Friday, the Florida Supreme Court sent the case to an appellate court. If the decision is upheld, it will force courts here to draw lawyers from a smaller state office and contract with private lawyers, at greater expense.

"In my opinion, there should be hundreds of such motions or lawsuits," said professor Norman Lefstein of Indiana University Law School. "I think the quality of public defense around the country is absolutely deteriorating."

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