Stanislaus public defense is among most understaffed, overworked in Central Valley, report says

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The Stanislaus County Public Defender’s Office was one of, if not the, most underfunded and overworked defense offices in the Central Valley between Fiscal Years 2020 and 2023, according to a state report from last year.

In December, the Stanislaus County Public Defender’s caseloads per attorney became almost too high to take on any new cases. A report written by the Office of State Public Defender argued this opened the potential of a constitutional crisis — the right to a speedy and fair trial guaranteed by the 6th Amendment to the U.S. Constitution.

County Public Defender Jennifer Jennison, who was appointed two years ago, said that if the Public Defender’s Office has too many cases to handle, those accused of crimes will remain incarcerated without an attorney, cases can be delayed and ultimately will have to be dismissed.

“A failed system compromises our ability to produce just results,” read a statement from Jennison. “If public defense services are not functioning properly, that erodes public confidence, perpetuates racial disparities and endangers public safety. It doesn’t just affect the individuals that are without representation, it affects everyone.”

In response to the crisis, County Board of Supervisors Chairman Mani Grewal announced that money would be set aside for 10 new positions in the Public Defender’s Office and more staff for the probation department to rehabilitate parolees.

However, the situation at the office is still in flux. While money was set aside for these positions, finding attorneys to fill them has been a problem for years.

The report stated that like many counties in the Central Valley, Stanislaus County is a “rural desert for attorneys.” The number of active attorneys in the county was nine per 10,000 residents, calculated based on 2021 population data.

What makes Stanislaus unusual is the high number of cases per defense attorney. Each public defender was estimated to have an average of 136 felony cases — higher than counties like Merced (103), San Joaquin (83), Sacramento (80), Fresno (77), Monterey (73) and Tulare (64).

However, according to the report, these numbers most likely don’t paint a complete picture of how overworked public defenders are. One felony defender reported a caseload as high as 250 cases. This can happen because not all attorneys handle felony cases, some only handle misdemeanors.

The numbers, the report reads, “should shock the conscience.”

“In Stanislaus County, the Public Defender represents over 90% of all cases filed, yet has nearly half the number of attorneys in the District Attorney’s Office for the same number of cases,” read Jennison’s statement. “The Public Defender struggles with impossibly high caseloads with half the resources of the District Attorney, to the inevitable detriment of the people we represent.”

Between fiscal years 2020-21 and 2022-23, Stanislaus County saw case filings rise from 10,665 to 12,410 — a 16% increase. Meanwhile, Kern, Fresno, Madera, Merced, Monterey, San Joaquin, Tulare and Sacramento counties all had a decrease.

Other counties experiencing decreases in case numbers also are seeing increases in the number of attorneys. Stanislaus saw an increase in case numbers, but the number of attorneys handling them has stayed the same.

The report indicated that while this issue puts increased stress and attrition on public defenders, it poses an even greater problem to those they defend and the public as a whole.

Solutions

In any given county, public defenders represent between 90% and 95% of all cases — meaning those defendants can’t afford a private attorney. According to Jennison, the number of indigent, or low-income, clients her office serves is over 95%.

Jennison argued that whether or not someone was convicted of a crime, their arrest could have serious consequences for their life.

“A properly funded and staffed Public Defender’s Office can help mitigate or eliminate those consequences that might include losing a job or housing due to being jailed or being separated from children, for example,” read Jennison’s statement.

The report stated that Stanislaus County does not have many attorneys within the county and has to compete with its neighbors to attract qualified candidates.

It cited that proper funding, competitive wages and manageable caseloads would help bring more attorneys to the area. It also recommended the number of attorneys should be increased to 58 to meet “minimum national standards.”

The county’s distance from an American Bar Association-accredited law school was also cited as an issue, the nearest one being Santa Clara University School of Law — 85 miles away. This makes Stanislaus the second furthest from a law school among comparable counties.

“Offices in the Central Valley are competing for a very small number of experienced attorneys for their public defender offices,” read the report. “These offices play a pivotal role in ensuring the Constitution’s mandatory Sixth Amendment obligations are met, as well as securing constituents’ trust in the local legal system.”