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Kosciusko County Council approves plan to form public defender's office, funds initial year

December 13, 2024 | Kosciusko County, Indiana


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Kosciusko County Council approves plan to form public defender's office, funds initial year
Kosciusko County Council members approved a plan to create a county public defender's office and to fund startup work after judges and the public defender board presented a staffing and budget proposal on the council's December agenda.

The proposal presented by Judge Mike Reed and the public defender board would create a fully funded office with a chief public defender, a chief deputy, two full-time public defenders, several part-time/contract public defenders and clerical, paralegal and investigator positions. "This would be the fully funded office," Judge Mike Reed told the council, and board members outlined a budget estimate and an expected timeline to begin hiring.

The plan is intended to make local public defender positions more competitive and to secure state reimbursement. Judge Reed and others said meeting state caseload and staffing guidelines would make the county eligible for a roughly 40% reimbursement for felony public-defense costs and could open additional misdemeanor reimbursement streams. "The 40% reimbursement is built in there," Judge Reed said. The presenters also said about $940,000 in unencumbered funds was available in the supplemental public defender fund that could offset early-year costs.

Why it matters: supporters said an in-county office would centralize defense services, reduce reliance on outside hourly contract attorneys and improve compliance with state reimbursement rules. Council members also heard that a staffed local office could ultimately reduce net costs compared with current contract spending while providing continuity of counsel.

Key facts and council direction
- The board presented an estimated first-year cost and a staffing plan that included a chief public defender, deputy, two full-time defenders, four contract defenders at 0.75 FTE and additional support staff; presenters described the numbers as estimates that would be refined once the chief is hired and job descriptions are finalized.
- Officials estimated the fully staffed office could begin hiring and operating as soon as July 1, depending on council direction.
- Presenters said the county is eligible for roughly 40% reimbursement on felony cases under the state public defender program and that a current pilot program may expand misdemeanor reimbursement.
- Presenters noted an estimated additional net cost of about $22,400 for year one based on the package presented; presenters called the number "an estimate."

Council action
Council member Joni moved to approve the public defender board's recommended plan; the motion was seconded and approved by the council. After the vote the presenters said they would finalize the comprehensive plan, submit it to the state public defender commission for approval and return with a hiring timetable.

Stipend for public defender board
Judges requested a one-time stipend to compensate the three public defender board members for work done this year. The board asked the council to transfer $750 (three $250 payments) from an existing part-time account to cover the stipends. The council made a conditional motion to approve that transfer "based on the auditor's findings" and the motion carried; the auditor said she would investigate the correct procedure for the transfer.

What the council did not commit
Council members and presenters stressed that several line items in the plan are estimates and would be finalized in job descriptions and through the hiring process. The council's vote authorized the board to proceed with the plan as presented and to prepare the comprehensive package required by the state public defender commission; it did not adopt final hiring actions or permanent salary schedules.

Next steps
County staff and the public defender board will finalize job descriptions and the comprehensive plan, submit the plan to the state public defender commission for approval, and return to the council with implementation steps and any required budget adjustments.

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