Commissioners limit weekend pretrial stipends to days when hearings occur

The Lander County Commission voted to stop paying an upfront weekend stipend to judges, prosecutors and the public defender and instead approved paying a stipend only when a weekend hearing is actually held, with a deduction to cover applicable PERS contributions. The motion carries conditions requiring periodic review and a triggered return to the board if state reimbursements cease.

The public defender, Kyle Swanson, framed the change in practice as the result of a recent Supreme Court decision and subsequent legislative action: "This was mandated by a Supreme Court decision ... people who are arrested now deserve a detention hearing within 48 hours of arrest," he said, describing why weekend hearings are now required. Department of Indigent Defense Services deputy director Thomas Sayar told the board DIDS estimated the available stipend pool and urged counties to draw down allocated funds or risk losing them in the next biennium: "If the county opts not to draw down these funds, the next legislative cycle, there will be nothing to set aside."

Commissioners split over the county’s exposure if the state later withholds reimbursement. One commissioner said for the record he was opposed to any stipend that could fall solely on county taxpayers. The passed motion mirrors option D from staff materials: pay stipends only when a hearing occurs, deduct the PERS portion if applicable, and add three conditions discussed on the floor — an annual December review, an 80% utilization alert that triggers a return to the board, and a requirement to reconvene if reimbursement from the state fails. The motion passed by voice vote with at least one nay recorded on the floor.