Committee asks administrator to include 40% salary supplement and four support positions for public defender in FY2026 proposal

The Finance, Government Operations and Economic Development Committee on Jan. 14 directed the county administrator to include in the FY2026 proposed budget a change in the public defender supplement from 25% to 40% and funding for four county positions to support the Office of the Public Defender: one interpreter, one mitigation specialist (case manager), one juvenile case manager and one discovery specialist.

The request follows staff briefings and testimony from Public Defender Jennifer O’Donnell (listed in the transcript as Miss O’Donnell), who described staffing, caseloads and the operational impact of limited access to state-funded positions. O’Donnell said the office handled roughly 2,823 cases in FY2024 across 12 attorneys (including the public defender who carries a caseload) and that the office lacks graded steps and routine county-style step increases that many local government attorneys receive. O’Donnell described repeated turnover to higher-paying jobs, including private practice, federal positions and Commonwealth’s Attorney offices, and she asked the committee for measures to retain experienced staff.

County staff reviewed options for addressing the office’s needs. Assistant Budget Director Mike Franks and Michael Drager, deputy director with Human Resources, presented legal and administrative pathways the county could use: a direct salary supplement, memoranda of understanding to allow the public defender to use county contractor agreements for some services, intergovernmental agreements or grants, or a county appropriation directed to the public defender for agreed purposes. County counsel staff also briefed the committee on statutory limits and precedents; staff concluded a supplement could be applied but that approaches such as assigning county attorney positions to perform core attorney roles would require additional legal analysis.

After discussion about comparability, retention and the state’s role in funding indigent defense, the committee voted 4-1 to direct the county administrator to include the 40% supplement and funding for the four identified support positions in the FY2026 proposed budget package for the Board of Supervisors’ consideration. Supervisor Letourneau voted no.

Committee members and O’Donnell discussed the practical uses for the four positions: O’Donnell said an interpreter dedicated to the office would address scheduling problems and access to witnesses outside courthouse hours; a mitigation specialist or case manager would help identify treatment and social services for clients; a juvenile case manager would help families and youth navigate school and program requirements; and a discovery specialist would assist attorneys in reviewing body-worn camera footage and other discovery materials.

Committee members also reiterated that the ideal long-term fix would be increased state funding for indigent defense; several members said local supplements were an interim step to retain staff and ensure defendants receive effective representation. Staff will include the requested changes in the FY2026 proposed budget materials so the Board of Supervisors can evaluate the request alongside other budget priorities.