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PDSC trustees flag governance, funding changes in bill reported out by Committee on Rules
Summary
The Public Defender Service Corporation Board of Trustees on July 22 discussed a legislative bill reported out by the Committee on Rules that would change trustee appointment authority and allow use of the Client Services Fund for PDSC payments, provisions trustees said could affect the corporation’s independence and present funding uncertainties.
The Public Defender Service Corporation Board of Trustees on July 22 discussed a bill reported out by the Legislature’s Committee on Rules that would change appointment authority for PDSC trustees and add language tying continued funding to the Client Services Fund.
Board members said the committee’s amendments include giving the governor two attorney appointments to the board while removing an attorney appointment previously made by the Chief Justice; the Chief Justice would instead appoint a finance professional and a social worker. Trustees also said the bill adds language permitting payments from the Client Services Fund at least through the end of the calendar year, but the draft language does not make clear whether that funding authority ends after the year.
Trustees told colleagues they were monitoring the bill’s progress and disagreed with some elements of the amendments. The board referenced a report and remarks by Aditi Goel, executive director of the Sixth Amendment Center, who said the Client Services Fund should not be a funding source for the Public Defender Service Corporation and that if used it should be minimal.
Board members also noted a provision in the bill that appears to allow a Superior Court of Guam resolution to increase the hourly compensation paid to private attorneys on the panel. They said there is no clear statutory mechanism for such a court resolution, and some trustees described the provision as inconsistent with the creation of an independent commission for compensation matters.
The board did not take formal action on the legislation at the meeting but said it would continue to monitor developments as the bill moves through the legislative session and, if necessary, seek amendments. Trustees said the bill had been reported out of committee and might reach the governor after the current session concludes.
The discussion followed PDSC staff reports on caseloads and finances and acknowledgements of the corporation’s fiftieth-anniversary events, which trustees said provided an opportunity for public visibility and stakeholder engagement. The board instructed staff to keep trustees informed of amendments and to provide recommended positions or comments to the board before further legislative action.
