County seeks members for public defender policy board

Two practicing lawyers and a non-attorney are being sought for a new county board to determine if Cheyenne County should create a public defender position.

If that job is created, the board would be the group to review applications and make a hiring recommendation to the board of commissioners.

Cheyenne County Attorney Paul Schaub said last week that in the past, commissioners had the authority to appoint a public defender by a resolution. However, a state statue now requires a more formal process.

“There’s only two ways to get it done,” he explained. “One way is to form a policy board.”

The other is to place a name on a ballot during a statewide election.

A previous board of commissioners already voted to create a policy board, but was unable to gather much interest.

At a meeting last week, Schaub asked current commissioners their thoughts about trying again.

Commissioner Steve Olson asked about the role of the proposed board.

“Well, if you’re interested in ultimately having a public defender, the law has been changed,” Schaub said. “Whereas before the county commissioners on their own could just go ahead and appoint someone to fill that position, the statue now requires that you go through several steps – and the biggest step is to form the board.”

A policy board would be tasked with looking at caseload statistics to determine if there is a need for a public defender, and then report its findings to the commissioners, Schaub later explained. If the elected officials decide to continue with the process, the board would then receive applications for the position, screen applicants and offer a recommendation.

Olson asked if a public defender were appointed, would the position take the place of court-appointed attorneys.

“For the most part,” Schaub said. “You will still have those instances where you have conflicts of interest and the bench would appoint someone.”

Commissioner Philip Sanders said he thinks a public defender would save the county money.

“Yes, I think we’re to the point it would – just looking at the numbers and types of cases,” Schaub responded.

According to Cheyenne County Clerk Beth Fiegenschuh, the county paid out nearly $350,000 last year to court-appointed attorneys to defend clients who were unable to pay for their own lawyer. This year, the number already stands at almost $430,000.

In the 20 years he’s worked in the county, Schaub said there hasn’t been a public defender. Currently, Cheyenne County judges appoint lawyers to represent individuals charged with crimes who can’t afford to pay for counsel – and the county takes care of the bill.

“I know both judges are familiar with practicing attorney’s in the area, and it’s really just complete discretion on who gets appointed for what cases,” he explained. “The public defender would be different. The public defender would be the one who would be assigned to represent that defendant.”

The cost savings is the standout benefit, he added. Instead of paying numerous lawyers to take on cases, the public defender will be tasked with providing counsel in most instances.

Schaub said there’d still be cases when outside counsel would be appointed, but that would be significantly reduced.

At last week’s meeting, Board Commissioner Darrell Johnson what the commissioners need to do.

“I think you need to do what you can to contact attorneys you know and a lay person you know and try to generate some interest,” Schaub answered. “It’d be the same as if there was an open spot on another committee you want to fill. Do what you can to generate some interest, and then approve the names of the policy board members. That’s the biggest step.”