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Committee approves additional funding request for Alternate Defense Counsel after divided vote

2634293 · March 10, 2025

Summary

The Joint Budget Committee approved additional funding for the Office of Alternate Defense Counsel to address rising case costs driven by e‑discovery, voting 4‑1 with one member excused.

Scott Thompson, Joint Budget Committee staff, explained the Office of Alternate Defense Counsel (OADC) requested additional resources to cover rising case costs and caseloads driven largely by e‑discovery (electronic evidence such as body‑worn camera footage). Thompson said the office asked for an additional $2.5 million general fund in FY 2024‑25 and nearly $7 million in FY 2025‑26; those FY 2024‑25 dollars are in addition to a $2.8 million supplemental the committee already approved.

Thompson described that the alternate defense counsel’s caseload has declined slightly while cost per case has risen sharply because of e‑discovery demands. He presented staff calculations and recommended approval of the request as updated with the office’s most recent figures.

Discussion centered on whether technology solutions or shared e‑discovery systems could slow cost growth. Representatives asked for a coordinated RFI to examine possible shared platforms and whether public defenders and alternate defense counsel could share secure systems while respecting conflict‑of‑interest rules.

Action: The committee voted on the staff recommendation to approve ADC R1/BA1 case cost and caseload increases. The motion passed 4‑1 (Representative Kirkmeyer objecting; one member excused). Committee members asked staff to draft an RFI or departmental comeback addressing e‑discovery technology, potential shared solutions, and a line‑item breakout for training and out‑of‑state conferences.

Ending note: staff and the department will return with more detailed data and options for technological solutions, and the committee flagged the item for reconsideration with full committee attendance if needed.

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