Office of Public Defender says it needs dozens more attorneys; lawmakers approve partial increase, propose study

Brad Chandelson, director of the Office of the State Public Defender (OPD), told the House Appropriations Subcommittee D that the office is operating with a persistent shortfall in attorney capacity. Chandelson said the gap amounts to “nearly 42 FTE attorneys worth of work,” meaning cases were being assigned but OPD could not staff them within its target timelines.

OPD presented a five‑year plan that would add 8 FTE attorneys per year to close the gap. The governor’s executive request included 16 new attorneys (8 per year for two years); the subcommittee approved half that request, funding 4 positions in year one and 4 in year two, and raised the hourly cap for private contract attorneys. Chandelson said OPD relies on a mix of government‑employed public defenders and contracted private attorneys and that a higher contract rate was necessary to recruit sufficient outside counsel.

Committee members pressed OPD for detail. Chandelson and committee staff explained that the office must assign counsel quickly when appointed and that legislative changes expanding appointment requirements in family and child‑abuse cases had increased workload. The chair described companion legislative language the subcommittee plans to include as part of the HB 2 package to give OPD assignment flexibility; Chandelson said the department would prefer maintaining counsel for children where conflicts require separate representation but acknowledged workload pressures.

Lawmakers also directed a statewide study of legal staffing and contracting to help determine a sustainable balance of permanent staff versus contract attorneys across state agencies. The subcommittee signaled willingness to consider additional funding if the study demonstrates continuing gaps and offered to review supplements backed by data.