The council discussed an appropriation request to cover outstanding bills for special public defenders and outside investigative and litigation-support services, emphasizing the county's unusually high felony caseload per capita and the strain on the public defender office.
The request was described by a representative of the Public Defender's Office as intended to pay outstanding invoices for special public defenders and for litigation support and outside investigative services. Council members and staff pressed for context on long-term fixes, asking whether the county is paying for representation in cases where defendants could afford private counsel and whether there are standard procedures or audit steps for indigency determinations.
Why it matters: Vanderburgh County's public defender office reported caseload pressures that exceed recommended limits. The discussion identified two related problems: (1) a high rate of felony filings per capita in the county, and (2) a high volume of court appointments of counsel that leave the public defender office short-handed. Council members and staff said resolving the funding shortfall without addressing root causes will not be sustainable.
Key details and next steps
- The Public Defender's Office representative said the office does not make initial indigency determinations; courts appoint counsel after assessing indigency. The representative noted they sometimes file motions to withdraw where a bond or other indications suggest a defendant could retain counsel, but courts do not always grant those motions.
- Council members and staff described ongoing work to collect and analyze data. Participants said the county has a “very high felony count per capita” compared with other Indiana counties and that data collection and multi‑departmental study will be needed to diagnose contributing factors.
- The transcript records operational figures given to the council: using 2024 caseload appointment numbers and state public defender commission caseload limits, the office is short approximately seven full-time equivalent attorneys (or 14 part-time equivalents). These figures were presented as internal estimates by the Public Defender's Office representative and not recorded as formal findings in the meeting record.
- Examples discussed included a case where a $10,000 bond was posted; the office filed a motion to withdraw on the basis that bond funds might be available to retain counsel, but the court's decision on such motions varies.
Policy and process questions raised
- Several council members suggested exploring whether standardized indigency screening (for example, a bond-commissioner-like intake process) or legislative guardrails could reduce inappropriate appointments. Speakers noted such an intake process would itself generate a new expense and could require legislative changes.
- Council members recommended further engagement with judges, the prosecutor’s office, and other departments to identify why Vanderburgh County’s felony filing rate and appointment rate differ from peer counties.
Outcome and actions recorded
- An appropriation request for the Public Defender's Office was discussed (purpose: pay outstanding bills for special public defenders and for investigative/litigation support). The transcript does not record a formal vote or the appropriation amount; the amount is not specified in the record.
Ending
Council members and staff said further, multi‑party study is planned and that the information gathered will be used to inform budget decisions. No formal policy change or final vote on the appropriation is recorded in the transcript provided.