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Carefree council approves contract raising public defender hourly rate; attorney handled 11 cases last year

2661323 · February 4, 2025

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Summary

Resolution 2025-03 passed unanimously to authorize a professional services agreement with the Law Offices of Kevin Berger, PLLC, to provide public defender services at the Carefree-Cave Creek consolidated court and raise the attorney’s hourly rate to equal the town prosecutor’s rate.

The Carefree Town Council on Feb. 12 unanimously approved Resolution 2025-03 authorizing the town administrator to enter into a professional services agreement with the Law Offices of Kevin Berger, PLLC, to provide public defender services at the Carefree–Cave Creek consolidated court.

A judge who addressed the council said the resolution formalizes an existing arrangement with Kevin Berger and increases his hourly compensation to align with the town prosecutor’s rate. The judge and council discussed the pay change; the judge said Berger’s prior rate had been in the $70–$75 per hour range and that the firm handled 11 cases in the court last year. During the meeting a council member stated the new hourly rate would be $100 per hour and the judge confirmed that figure.

Council members moved and seconded the resolution; the vote was recorded as unanimous and the mayor was authorized to execute the contract.

Council discussion framed the change as a sequence to retain the current public defender, to align compensation with the prosecutor’s rate in the region, and to ensure continuity of representation for defendants in the consolidated court.