County considers raise in attorney fees

Twenty years is long enough without a pay raise.

That was the message Douglas County judges and attorneys gave to county commissioners Monday as they urged an increase in pay for attorneys handling misdemeanor cases for the indigent.

“We have people who are working just above their overhead. They do it because they are dedicated public servants,” Chief Judge Robert Fairchild said.

Fairchild noted state pay for attorneys representing the indigent who are charged with felonies will increase next month from $50 to $80 per hour. He said he thought the county’s pay to attorneys, which is $50 per hour, also should increase. The county is responsible for paying attorneys representing the indigent in misdemeanor, traffic, contempt of court and care and treatment cases.

The last time the pay rate was increased to attorneys for the indigent was 1988. Inflation, gas prices and other business expenses attorneys have to pay have increased over the years.

The average fee charged by attorneys hired by an individual have increased from about $75 to $150, said Angie Stoller, president of the Douglas County Bar Assn.

Increasing the pay to $80, however, would cause a significant increase in payouts. According to court estimates for 2006, legal defense fees for handling indigent misdemeanor, traffic and contempt of court cases will amount to $253,030. Based on an $80 per hour pay, plus a projected 18 percent increase in payments to attorneys for expenses, the total would jump to $477,772.

But it’s an increase Fairchild said he thinks is necessary because an inadequate pay scale could lead to inadequate counsel and could potentially lead to more appeals and even liability claims against the county. Caseloads also have increased.

Commissioners Bob Johnson, Jere McElhaney and Charles Jones didn’t make a decision on the request. It will be considered during planning for the 2007 budget, which will begin in the next few weeks.

Jones, however, warned there is considerable competition for county money. Increases in legal defense expenses beyond attorney’s hourly rates is at an “unsustainable curve,” he said.

Many of the court’s expenses are mandated and caseloads increase, Fairchild said.

“There are court costs we can’t control,” he said.

In a related matter, beginning in June, the state will allow district courts to set pay for jurors anywhere from $10 to $50 per day. Currently the fee is set by the state at $10 per juror per day.

Though Fairchild initially said the court was not making a recommendation on juror fees, commissioners asked him to confer with other judges and come up with a recommendation.