Public defenders, prosecutors tell Senate Judiciary they need permanent positions and funding to address rising caseloads and backlog

The Defender General and officials from the Department of State's Attorneys told the Senate Judiciary committee during a hearing that they need conversion of limited‑service positions to permanent posts and additional staff to handle rising caseloads, digital evidence storage demands and local office rent increases.

The request matters because public defenders and prosecutors said increases in filings and specific case types are worsening an existing backlog that delays case resolution and strains offices across the state. Committee members were asked to restore vacancy savings, extend or convert limited‑service positions that already have funding in the baseline, and add targeted hires in field offices.

At the hearing the Defender General described how the public defense system is structured and flagged workload trends. “We represent over 85% of the people in criminal court,” the Defender General said, adding that criminal filings rose about 7% in fiscal year 2024 on top of earlier double‑digit increases. The Defender General also told the committee that probation‑violation filings have risen by about 60% and that termination of parental rights cases in juvenile court rose by about 40%.

The Defender General asked the committee to convert nine limited‑service positions that the administration previously funded into permanent positions, saying the money is already in the budget and the request is a language change rather than new spending. “I already have the money to do it, and I’m not asking for any more money. I just need those positions,” the Defender General said. He said the conversion matters for continuity: limited‑service staff may not remain long enough to see complex cases through, which can disrupt plea negotiations and victim communications.

The Defender General also outlined several interim, nonrecurring costs that arose after baseline budgets were set: roughly $30,000 in added capacity for a newly created data farm to hold increasing volumes of digital discovery; roughly $50,000 in fit‑out and security work after a rented office changed ownership; and a request to restore approximately $60,000 previously cut from in‑person training during COVID. He said those adjustments would be paid from existing budget authority where possible but that, if not funded, services or contractor capacity could be reduced.

On the assigned‑counsel and ad hoc side, the Defender General told the committee that the conflict/contract component of the system is by far the most expensive per lawyer equivalent and that ad hoc counsel can cost roughly $100 an hour in short‑notice arraignment situations. He said the system has kept ad hoc spending down compared with historical highs but that the structure is designed to absorb overflow rather than be a primary solution.

Officials from the Department of State's Attorneys and Sheriffs presented similar staffing priorities for prosecutors. Tim Leiter Stemmah, identified in the hearing as executive director for the Department of State's Attorneys, gave a data snapshot showing the department handles the vast majority of criminal filings statewide and said some offices have only one or two administrative staff. Leiter Stemmah said the house appropriations language restored roughly $650,000 in vacancy savings needed to avoid holding positions vacant, and that the department is requesting additional administrative, paralegal and victim‑advocate positions spread across several budgets (state's attorneys, victim services and sheriff transport deputies).

Leiter Stemmah and a presenter identified as “Matt” linked more support staff to backlog reduction. "More victim advocates means more time with each case, means less backlog because we're able to dismiss, resolve, send to diversion, or send deflect with precharge," Leiter Stemmah said. Prosecutors argued paralegals and administrators help triage digital discovery, spot opportunities or legal problems in body‑camera footage, and speed filings so cases do not stall.

Both offices said recruitment and retention are serious challenges. The Defender General reported hiring attorneys from across the country and said Vermont competes with higher private‑sector pay elsewhere; the Department of State's Attorneys said rural regions such as the Northeast Kingdom and Bennington have particular difficulty filling posts. The Defender General and Department witnesses noted that federal public service loan forgiveness changes and the exclusion of lawyers from some state incentive lists add to recruitment difficulties.

No formal committee vote was taken on the requests during the hearing. Committee members asked for follow‑up materials, including updated budget worksheets and field staff testimony; the Department of State's Attorneys offered to arrange appearances by frontline staff for the committee.

The presenters left the committee with a timeline‑oriented point: both sides said that converting the nine limited‑service positions is a no‑cost language change the departments hope will be finalized before staff face layoffs or turnover tied to limited‑term appointments, and that additional targeted hires and modest interim funds would support case clearance and day‑to‑day operations.

Looking ahead, presenters urged the committee to weigh both longer‑term structural fixes — such as incentives to recruit attorneys and additional fiscal staff in central office — and short‑term funding to cover unexpected costs tied to digital evidence and leased office spaces.