The Kansas Board of Indigent Defense Services has more problems than just paying court-appointed attorneys and investigators, according to a lawsuit filed by a Lawrence attorney.

The lawsuit, pending since October 2001 when it was filed in Shawnee County District Court, alleges that Indigent Services’ Appellate Defendant Office is understaffed and has excessive caseloads. It was filed by Jessica Kunen, who served as chief appellate defender from 1988 to July 2001. Her office handled appeals by criminal suspects convicted in county district courts.

In December 2000, a research and consulting firm reported that Kunen and her office were “unfairly overwhelmed” because of an unreasonable caseload. Kunen argues that Patricia Scalia, director of indigents defense services, ignored the consultant’s recommendations and pressured Kunen to reduce the quality of legal representation to save costs.

Kunen said she was a victim of retaliation by Scalia after she took her concerns to the Kansas Court of Appeals. On July 20, 2001, Scalia fired Kunen.

In her lawsuit, Kunen asks to be reinstated to her former position and for compensatory damages to be determined by the court.

Neither Kunen nor Scalia would comment on the lawsuit when called last week.