Recession blamed in new demand for court-appointed attorneys

The ongoing recession is causing more people to file for court-appointed attorneys in Catawba County.
Durham-based Indigent Defense Services (IDS) couldn't comment if they've seen a rise in the number of people filing for court-appointed attorneys.

However, Regina Thomas, assistant clerk for superior court in Catawba County, said Catawba County has.

"In the last two to three years, there's been an increase in the number of court-appointed attorney applications because of the economy," Thomas said.

Attorneys who represent clients who cannot afford to hire their own lawyer vary, said Al Jean Bogle, clerk of superior court for Catawba County, but all do it because they want to.

"Being a court-appointed attorney is how a lot of attorneys build their practices," Bogle said. "Some are just out of law school, and some have a solo practice. For some attorneys, this is the bulk of their practice, and for others, they only do a few court-appointed cases."

Once an attorney has been appointed, the clock starts ticking. Court-appointed lawyers are paid $75 an hour, for each lawyer working on a case, Bogle said. Ten years ago, when she first started, Bogle said they were paid $50 an hour. They also get paid the state rate for mileage. This was 51.5 cents a mile until the state budget crisis reduced it to 26 cents a mile.

"When an attorney finishes the case, they submit a fee application to me, getting paid for the hours they worked, mileage and the costs of defending. This includes summonses, subpoenas and other things," Bogle said. "They get paid when the case is finished."

Bogle sends the fee application to IDS in Durham, and they pay the attorneys. IDS receives its funding from the state.

Anyone who applies for and receives a court-appointed attorney is automatically charged a one-time, $50 fee. If that person has other charges currently pending, he or she will not be charged an additional $50, Bogle said.

People found guilty in court have to pay their attorney's hourly salary. If they are found not guilty, they do not have to pay, Bogle said.

Attorneys on list

To get on the court-appointed attorney list, Bogle said attorneys must apply with IDS.

They can choose to represent clients in three different categories: misdemeanors, non-serious felonies or serious felonies.
Serious felonies include bank robberies, murder, assault with a deadly weapon with intent to kill and even drug charges, if there is enough of the drug in the person's possession. Non-serious felonies include breaking and entering, larceny and other crimes along those lines.

"The class of felony determines if it is serious vs. non-serious," Thomas said.

When people accused of a crime indicate they cannot afford to hire an attorney and want a court-appointed lawyer, they must fill out an affidavit of indigency so the judge can determine whether they meet the criteria for a court-appointed attorney.

They must list their monthly expenses, including whether they own or rent their home, how much they spend on food, utilities, health care, car payments and child support, if applicable. They must also list the number of dependents, monthly income, the name and address of their employer, the employment of their spouse and other income, such as food stamps, welfare or pension.

The form also requires them to list all assets and liabilities, including cash in bank accounts, how much their real estate is worth, personal property, when their last income tax statement was filed and whether they owed money or received a refund.

The judge makes the decision as to who cannot afford to hire an attorney, based on their affidavit of indigency.

"If you're incarcerated and lose your job, you could be indigent, because you no longer have any income," Thomas said. "But if you're arrested for DWI, you could still have your job, so you're not necessarily indigent. It's a case-by-case basis."

Attorneys are appointed to clients on a rotating basis, Bogle said. Attorneys are asked to give the clerk of court a stack of their business cards. They are divided up, between misdemeanor, non-serious felonies and serious felonies piles, and listed alphabetically. When a case comes up, the next attorney's name in the stack is the person who will be appointed, Bogle said.

"One person griped that she wasn't getting any court appointments," Bogle said. "She didn't send in any business cards, and she wasn't talking to clients until their first appearance. She hadn't been meeting with them in jail before they came to court. We say in the courtroom who the attorney is, and my office notifies the attorney that day who they'll represent."

Capital cases

Crimes that could potentially be capital murder cases — first-degree murder charges — receive special attention. Lisa Dubs serves as Catawba County's provisional counsel, said Kate Fenhagen, assistant capital defender.

"She's not appointed on every case but is authorized to be there on the first appearance," Fenhagen said. "We want someone to meet with the defendants and be able to give them advice."

However, she said the attorney may not be able to be at every first appearance. If someone is arrested late Sunday and the first appearance is Monday, the attorney may not know about the first appearance in time to attend.

Fenhagen added that an attorney who is there for a first appearance isn't necessarily the person who will be the client's final lawyer.

"We try to not have anyone with more than eight cases at a time on the capital roster," she said.