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Appellate public defender seeks a deputy attorney to reduce contractor costs
Summary
The State Appellate Public Defender told the Joint Finance-Appropriations Committee it is requesting a deputy appellate public defender position and reappropriation of one-time funds to handle overflow cases and reduce costly outside contracting.
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Christopher Lahoset, a budget and policy analyst with the Legislative Services Office, told the Joint Finance-Appropriations Committee that the State Appellate Public Defender’s office is requesting one additional attorney position and reappropriation authority for previously authorized one-time funds.
The request would create a deputy state appellate public defender position to carry non‑capital felony, misdemeanor and juvenile district and post‑conviction appeals. Lahoset said the office estimates continuing to contract overflow cases would cost about $254,000 per year, while hiring an attorney at an estimated $140,000 salary would be less expensive over time.
“[T]he agency requests an additional position in funding for a deputy state appellate public defender,” Lahoset said during the committee hearing. He described the office structure and noted that the agency currently has 26 authorized full‑time positions and reported no vacancies as of Dec. 15.
Eric Leightonen, identified in the hearing as director of the State Appellate Public Defender, told the committee the office’s caseload has increased substantially since the pandemic and that turnover earlier in the year — in part tied to the creation of the State Public Defender and staff departures — lengthened recruitment times. Leightonen said the office was fully staffed at the time of the hearing but expected imminent change because an office administrator planned to leave.
On workload, Leightonen said the appellate office distributes cases among attorneys by experience and training and estimated the appellate unit’s current caseload at roughly 650 cases for the fiscal year. “We sort of tailor the caseload to that attorney,” he said, noting less experienced attorneys do not handle the most complex cases immediately.
Committee members asked whether the proposed hire would reduce reliance on contract attorneys. Leightonen confirmed the office contracts for conflict cases (which must go outside) and for overflow; he said contracting is more expensive and can cross fiscal years, complicating budgeting. He told the panel about roughly 14 overflow cases sent out in the last 18 months.
The presentation closed with Lahoset’s request that the committee consider the agency’s staffing and reappropriation requests as part of the budget process.
Ending: The committee did not take a formal vote during this hearing. The request was presented for consideration as part of the department’s fiscal 2026 budget package.
