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Loudoun supervisors consider $400,000 supplement for public defenders, debate staffing approach
Summary
The Board of Supervisors discussed pay and staffing for the Office of the Public Defender, heard data on caseload and turnover, and a motion was offered to allocate up to $400,000 in county funding as a salary supplement while staff works with the Virginia Indigent Defense Commission to clarify the true cost of four positions.
Chair Randall opened discussion of the Office of the Public Defender during the Loudoun County Board of Supervisors’ March 6 budget work session, saying the county must act after repeated state inaction on pay parity.
Public Defender Ms. O’Donnell told the board the office averaged about 2,800 cases last year and that caseloads rise by 300–400 cases annually. She said attorney tenure in her office is roughly three years — about the point when attorneys gain the experience that makes them most valuable to the office — and that the office risks losing seasoned staff if pay gaps persist. “If the board isn't willing to do something, we're going to lose our most experienced attorneys,” O’Donnell said.
The board discussed options to address pay and staffing shortfalls. Supervisor Frickman moved to amend the Public Defender resource request to remove four county-funded position slots and instead direct staff to work with the Virginia Indigent Defense Commission to determine the true cost of those four positions, with a maximum county funding commitment of $400,000 as a salary supplement for FY 2026. A second was recorded; the transcript does not contain a final recorded vote on that motion.
Supervisor Turner and others pressed for details on caseload and comparisons with the Commonwealth’s Attorney’s Office. Turner asked for caseload numbers; O’Donnell said the office is averaging “over 200 cases per attorney,” with other estimates in the discussion placing it around 235 cases per attorney. By comparison, she said Commonwealth’s attorneys average roughly 70–75 cases per attorney.
Board members framed the issue as one of keeping experienced staff and preserving quality of representation. Chair Randall noted prior efforts to get state action from the General Assembly had failed and said the county will act locally if necessary. Several supervisors emphasized they did not intend to pit the Public Defender’s Office against the Commonwealth’s Attorney’s Office, but said the current imbalance in staffing and pay undercuts equitable representation.
The record shows a motion was made and seconded to fund up to $400,000 as described and to have staff work with the Virginia Indigent Defense Commission on cost and placement; the transcript does not record the final board disposition of that motion.
The board proceeded to other departments after the discussion; additional deliberations and any final decisions on the motion were not included in the March 6 transcript.
