The Judicial Council sought supplemental funding at the Fiscal Committee meeting on Oct. 17 and warned that earlier decisions not to hire recommended public defenders are driving higher assigned-counsel expenditures.

Jay Buckey, executive director of the Judicial Council, said the shortfall in hiring public defenders has resulted in more cases being assigned to private counsel or contract counsel. In committee discussion, members estimated the long-term additional assigned-counsel costs stemming from under-hiring could range between $2.5 million and $5 million. Buckey confirmed the projected additional assigned-counsel and contract-counsel costs will affect the council's budget outlook and that some public-defender offices had briefly closed or limited new cases; Manchester has reopened, while Nashua remained closed to non-incarcerated individuals for a period before the meeting.

The Judicial Council's request (item 25-2-39) was adopted by the committee. Committee conversation noted that any supplemental funding for the Judicial Council and other emergency items likely will draw on the rainy-day fund if general revenues do not improve.