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County’s new indigent defense department seeks additional contract counsel; expects state reimbursement
Summary
Director Brian Filter presented the newly formed Indigent Defense Department and asked for funding for a seventh contract attorney; staff said the county’s added costs are largely reimbursable by the state under existing law but cautioned the board to monitor potential unfunded mandates.
Brian Filter, director of Douglas County’s newly created Indigent Defense Department, briefed the Board of County Commissioners on March 23 on staffing, workloads and a request to add an additional contract attorney to meet a court‑ordered workload standard.
Filter said the department currently consists of two county staff — himself and an administrative assistant — and relies on contracted defense counsel for casework. He described steps to improve quality and oversight, including regular observation of contract attorneys, preapproval review of requests for experts and investigators, invoice scrutiny and a rotation system for case assignments to avoid overburdening any single private practitioner.
Filter and County Manager Jennifer Davidson told the board that state law requires reimbursement for many indigent defense costs beyond a statutory cap and that, under current practice and funding rules, the county expects state reimbursement for the proposed additional contract attorney. Filter said the county’s Davis v. Nevada workload study requires an equivalent of about 8.8 FTE assigned counsel and that an additional contract hire would move the county toward that requirement.
County Manager Davidson cautioned that while the state currently reimburses these expenses under statute, the county must remain vigilant for the risk that reimbursement rules or state funding could change, creating an unfunded local mandate. Filter said he is working with state public defender offices on transferring appellate and capital responsibilities when appropriate.
Next steps: The board did not take immediate action on the recommendation; Filter said he will return with the formal supplemental request documentation, and staff will continue to track invoices and state reimbursements.
