- A second bill to address the state’s need to better represent indigent defendants could see movement in conference between the two chambers.
Despite a series of legislative twists and turns during committee meetings and floor debate in both chambers, a measure to increase fees for indigent counsel is now sitting on the Governor’s desk waiting to become law.
The amended version of HB 623 could be the first fee increase for attorneys representing the poor in more than four decades.
Under the measure, indigent counsel would receive thousands of dollars less than the original version that passed the House. In the Senate, members approved a strike-all amendment that reduced the cap on the fees to three times the current payment structure instead of the five times proposed in the House version.
READ MORE: Senate reduces indigent counsel fee increases proposed by House
In the version sent to the Governor, attorney compensation per circuit court case for indigent counsel was increased to $3,000, up from the current $1,000. If the case was not appealed to or did not originate in a court of record, the maximum compensation was capped at $600, up from $200. In capital cases, the original House version said two attorneys could be appointed at a rate increased to $6,000 per case, up from the current $2,000. If that capital case were appealed to the state supreme court, the attorney fees for service could not exceed $3,000, up from $1,000. This would continue to be in addition to all judge-approved expenses paid for by the county out of its general fund, the two-page bill reads.
Even with the increase, some legal professionals question if a few thousand dollars will attract attorneys to serve as indigent counsel, especially in capital cases.
“It’s good for some lawyers but will likely have little impact on the system,” explained State Defender André de Gruy at the Mississippi Office of State Public Defender.
Another attorney, who spoke on the condition of anonymity, said he would not touch a “simple” capital murder case for less than $40,000.
A second bill to address the state’s need to better represent indigent defendants could see movement in conference between the two chambers.
HB 1763, a funding bill for the State Public Defender Office, includes funding for a pilot program to place Public Defenders in several rural Mississippi counties.
“Mississippi doesn’t have enough lawyers to meet the constitutional mandate for legal counsel in every criminal case,” de Gruy told Magnolia Tribune earlier this month. “Lawyer shortages are most critical in rural areas. Even where there is a lawyer, the lawyer doesn’t have the time to dedicate to each client.”
READ MORE: Proposed public defender pilot program aims to better represent indigent defendants in Mississippi
As previously reported, the Public Defender Office requested $838,000 for the pilot program to employ four full-time attorneys, an investigator, and an administrative assistant. Attorneys will handle felony cases from arrest to disposition and any related misdemeanors, he said.
The program aims to reduce the caseloads of local public defenders, giving them more time to visit with clients, conduct investigations, negotiate cases, and prepare for trial, de Gruy added.
