The Arkansas Legislative Council recently approved a request from the Arkansas Public Defender Commission for $1.25 million in state funds to address a backlog of more than 5,000 cases that have accumulated since the onset of the covid-19 pandemic. The commission plans to use these funds to continue employing part-time attorneys to work as public defenders and reduce the backlog of cases that have been pending since March 2020-June 2021.
The council approved the commission’s request for 45 attorney specialist positions to focus on reducing the case backlog. Additionally, the council has requested that the commission provide monthly reports detailing the number of part-time attorneys working on the backlog, their payroll, and the progress made in reducing the caseload.
Gregg Parrish, the Executive Director of the commission, emphasized the importance of securing these funds to prevent the layoff of more than 30 part-time attorneys. The commission had previously received $4.5 million in federal American Rescue Plan funds in 2022, which were allocated for hiring part-time attorneys to address the backlog. However, the funds have been depleted faster than anticipated due to the high number of cases and attorneys employed.
Parrish mentioned that the commission currently has 32 part-time attorneys, with one resignation. To maximize the remaining funds, he does not plan to replace departing attorneys and instead aims to extend the working period of the existing attorneys to continue reducing the backlog.
The case backlog in Arkansas has been a significant challenge, with over 5,000 open felony cases statewide and approximately 250 open juvenile cases stemming from the specified period. State Representative Jeff Wardlaw highlighted the financial strain on the commission, noting that they may not have enough funds to cover upcoming payrolls.
In a related development, a recent ruling by U.S. District Judge Timothy L. Brooks mandated that indigent defendants in Benton County have the right to legal representation from the initial bond hearings onwards. This ruling stemmed from a federal class action lawsuit that argued against the lack of legal representation for indigent individuals in the early stages of criminal cases.
The Arkansas Public Defender Commission has faced additional challenges, with judges in Jonesboro also expecting public defenders to be present at court proceedings. The commission is working to address these demands while managing the existing caseload and financial constraints.
In other legislative actions, the Arkansas Legislative Council approved requests from State Lands Commissioner Tommy Land and Secretary of State John Thurston to create new positions within their respective offices. These decisions aim to address the growing responsibilities and operational needs within the agencies.
Overall, the efforts to address the case backlog and ensure legal representation for indigent individuals reflect the ongoing challenges faced by the Arkansas Public Defender Commission. The allocation of funds and creation of new positions demonstrate a commitment to improving the efficiency and effectiveness of the state’s legal system.
