But perhaps the most daunting of these cuts officially took effect Tuesday as Minnesotan ushered in fiscal 2009.
Amid the Legislature- and governor-approved package of almost $1 billion in budget-balancing initiatives drafted last session was the cutting of about 70 full-time public defenders. That’s a cut of almost 16 percent to the professionals all Minnesotans pay to make sure everyone has adequate representation for their day in court.
And, yes, Minnesotans use public defenders. State statistics show 85 percent of people charged with felonies and half of those accused of misdemeanors count on Minnesota public defenders.
Based on a recent Star Tribune news report, that meant one public defender last fiscal year handled the equivalent of 714 misdemeanor cases. Now a public defender will have to handle 849 such cases. Oh, by the way, the American Bar Association recommends a maximum of 400 cases.
But don’t think public defenders will be the only people forced to shoulder the fallout of this and other cuts totaling $1.5 million made by the Legislature and governor.
News reports from statewide show judges, prosecutors, law officers and human service officials all expect the justice system to experience substantial slowdowns. Some potential impacts include:
Counties being forced to spend more resources (your county tax dollars) on jail costs as suspects remain in custody for longer periods due to longer waits for court dates. Some people even predict the time between a suspect’s arrest and resolution could double.
More delays at court dates because public defenders are literally booked to be in multiple places representing multiple suspects at the same time. Indeed, that June 21 Star Tribune report noted how such “double-booking” of one public defender meant a judge, court staff, the prosecutor, defendant and probation officer all had to sit idle while the public defender dealt with two separate cases with hearings scheduled simultaneously.
No more court representation for parents facing court hearings on child custody issues. Public defenders, while not legally bound to provide such guidance, often did. That looks unlikely, or at least unfunded, for now.
And, of course, there are the penultimate issues of the quality of representation provided and a person’s right to a speedy trial. Common sense dictate the cuts jeopardize both.
Overall, it’s probably easy for most Minnesotans to distance themselves from these cuts and their impacts. After all, the vast majority likely will never need a public defender. Couple that with a skeptical penchant these days to overlook “innocent until proven guilty” and one can see why state elected officials leaned toward these cuts.
Now, though, as they take effect, all Minnesotans must watch to see if the dollars they save the state are worth the costs to everyone else, especially the innocent.