Judge seeks additional funding for public defenders

There are not enough public defenders to cover adult and juvenile courts, a judge told the Bartholomew County Council on Tuesday.

Bartholomew Circuit Court Judge Kelly Benjamin requested an additional appropriation of $23,551 from the council to hire another part-time public defender for juvenile court.

Elliott Happel has agreed to fill that position, which is expected to take up to 25% of his work day, Benjamin said. However, there’s a stipulation that Happel will remain in this position only until the court can find a permanent replacement, the judge said.

Shortly after Benjamin succeeded Judge Stephen Heimann in 2017, an attorney who worked juvenile cases left that position, the judge said. More recently, Don Edwards informed the court that he only wants to work on adult cases, she told the council.

While public defenders in Circuit Court have historically split their time between adult and juvenile cases, the judge outlined why her public defenders are shying away from juvenile court.

The first reason is that initial hearings for accused juvenile offenders must be held within 48 hours of their apprehension, and a trial must be scheduled within the next 30 days, Benjamin said.

“Some attorneys may not be motivated to have that short timeline, especially when they still have their private practice,” she said.

In the past, the public defender’s presence during status and minor hearings in juvenile court was not necessary. But now, state law requires the attorney to be present at each hearing regarding a client in juvenile court. One court official estimated that could require the lawyer to attend up to 40 hearings a month.

Another new requirement applying to certain juvenile cases is that each parent – or stepparent, if involved in a court matter – must be represented by their own lawyer, the judge said.

Meanwhile, public defenders in adult court have seen their work load in Circuit Court increase from 288 adult cases in 2016 to 404 three years later, Benjamin told the council.

“If we stay on track this year, we’re going to have 440 adult cases, which is the most cases we’ve ever had,” the judge said.

To handle that heavy workload, Benjamin’s court had increased the amount of time spent on resolving adult cases from just Monday mornings and a part of Thursdays to all day Mondays and Thursdays, as well as Fridays, the judge said.

Bartholomew County is way above the average number of cases per public defender in Indiana, Benjamin said. But if public defenders are increasing their work load without receiving additional compensation, there will be little interest from local lawyers to become public defenders, she said.

“We are going to be running into that problem,” Benjamin said. “I’m already starting to feel that in my court with the exits, as well as the disinterest in juvenile cases.”