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Alternate Defense Counsel warns of exploding discovery volumes, rising case costs and seeks funding
Summary
The Office of the Alternate Defense Counsel told the committee that modern criminal discovery — terabytes of phone, video and other data — has dramatically increased case costs and contractor workload. ADC asked for additional funding to cover rising contractor and case costs and described statewide contractor shortages for large multi‑defendant,
Lindy Froelich, director of the Office of the Alternate Defense Counsel, told the committee that providing constitutionally required defense services for conflicted cases is increasingly expensive and operationally strained because discovery volumes and case complexity have ballooned.
Froelich described a recent example in which a 17‑defendant organized‑crime indictment produced thousands of pages of material and multiple bilingual counsel needs; she said it illustrates why ADC must pay outside contractors and interpreters and why the agency’s conflict budget (which pays contractors, court reporters and experts) consumes most of its funds. ADC’s budget structure, Froelich said, has a relatively small internal staff footprint and most funds pay outside service providers.
ADC staff and deputies added that discovery now often includes terabytes of phone‑tower data, audio, and video. Froelich said the agency’s case costs have risen for years; she also noted that ADC routinely returns (reverts) unspent funds and has returned tens of millions of dollars in prior years when caseloads fell. The office is piloting workforce and fellowship approaches to recruit more contractors and to train lawyers for specialized work, including youth defense.
Erin Campbell, ADC’s evaluation and training coordinator, summarized competency‑related training ADC provides for contractor teams since the 2019 statutory reforms: ADC has run a multi‑site “roadshow” (in‑person and recorded training), maintains on‑demand modules, and offers advanced training on civil mental‑health systems and ethical issues when representing clients with mental illness.
Why it matters: ADC handles conflicts statewide and is the fallback for cases public defenders cannot take. The agency argued that rising discovery volume, more complex evidence and a shortage of experienced contractors raise average cost per case and could reduce access to timely representation if funding is not adjusted.
What’s next: ADC asked the committee to consider budget options it proposed. Members said they will follow up on the agency’s data about costs and contractor capacity, and asked ADC to provide more detailed fiscal breakdowns.
