Legal defenders ask for higher escalation clause amid concern they lag prosecutors by 8–10%

Todd Edsinger, representing the county’s legal defenders, told the budget committee that three-year contract terms with a built-in 3% escalation clause have provided continuity but still leave defender compensation roughly 8–10% below comparable county-attorney pay.

Edsinger asked the committee to consider contract language that would narrow that gap — either a larger flat percentage or a flat percent plus the county’s cost-of-living adjustment (COLA). He said his preferred approach would be at least a 4% increase plus the annual COLA to begin closing the disparity.

The committee also discussed a longer-term study to assess whether Davis County should move from a contracted-defender model to a full-time public defender office. Edsinger cautioned that such a transition would likely require facility space, additional support staff and a multi-year timeline (he estimated four to five years), and could raise conflict-of-interest complications that would still require outside counsel in some cases.

Commissioners expressed concern about embedding automatic salary escalators without matching revenue and asked staff to consider retention data and other trade-offs. No formal contract language was adopted at the Nov. 18 meeting; commissioners directed staff to incorporate the committee’s feedback and return with options and fiscal impacts for 2026 and beyond.

Edsinger summarized the core issue: “we're still 8 to 10% behind the compensation rate for comparable attorneys in the county attorney's office.” The committee asked staff to model fiscal consequences for the 2026 budget cycle and to include potential options for escalation clauses and study costs.

Next steps: staff will return with cost estimates and possible contract language options; commissioners requested a feasibility study scope for any potential transition to a full-time defender program.