Commission on Legal Counsel for Indigence seeks more staff pay and contract funds; committee hears vacancy and special‑fund concerns

The Appropriations - Government Operations Division reviewed the budget for the Commission on Legal Counsel for Indigence and probed how funds would be used to recruit and retain attorneys and to pay private‑bar contractors.

Travis Fink, executive director of the commission, said the agency’s Armstrong‑era budget proposal increases the contract rate appropriation from $1,500,000 (Burgum budget) to $2,000,000 under Armstrong. The commission also has an $805,000 compensation strategy authorization in both budgets; Fink said the agency initially requested a substantially larger package (about $5.3 million in an earlier request) but acknowledged the $805,000 figure in the executive proposals.

Fink described the commission’s pay plan as a stepped compensation strategy for classified attorneys and support staff intended to improve recruitment and retention. He said the original compensation numbers were based on comparisons with county prosecutors and court compensation data and that updated salary information after the agency’s submission pushed the compensation need higher; he told the committee he can share a spreadsheet showing individual positions and proposed steps.

Committee members asked whether the commission can reallocate money within its single line‑item appropriation. Adam (committee fiscal staff) and Fink both confirmed the commission’s main appropriation is a single line that provides administrative flexibility: within that single appropriation the commission can shift authority among payroll, operating and contract spending as needed, but the commission said it intends to follow legislative direction on intent. Fink said explicitly that if the legislature gives a total amount the commission has the administrative authority to allocate among pay and contracts, but he also affirmed the commission will follow legislative guidance on priorities.

Fink said staffing shortages are acute: the commission has 20 full‑time attorneys authorized and about five current vacancies, with particular difficulty recruiting in western offices (Minot, Williston and Dickinson). He said investigators and additional staffing would improve case work and retention; the commission has sought investigator positions and said adding two investigators initially would likely be deployed geographically to reduce travel time.

Adam told the committee a separate special fund that supplies some of the commission’s contract authority is at risk: anticipated collections this year are about $1.4 million while appropriations for contract authority are roughly $2.0–$2.3 million depending on the version. Adam warned that if the special fund is eliminated by separate legislation or collections do not meet appropriations, “we would be back on a deficiency appropriation because the funds just wouldn't be there to spend.” He urged the committee to consider the special fund’s projected collections when setting contract authority.

No committee vote was recorded. Committee staff agreed to produce long sheets and bill text if the committee asks for an Armstrong‑based amendment; Fink offered to share the commission’s detailed spreadsheet with committee members.