Word from Helena: Public Defender system is expensive

By Jana Taylor, Representative HD11

Once again, a Polson page has made us all proud. Heidi Hunsucker was here all last week and did an excellent job. I hope she has a chance to tell everyone what it was like.

Representatives voted unanimously for two similar bills last week, one from each party. HB 287, sponsored by Wiseman (D, Bozeman) would direct our Department of Justice not to enact the U.S. Real ID. And HB 384 by Rice (R, Harrison) calls for Montana to nullify the Real ID federal act.

That just goes to show you how independent we Montanans are, people from both parties. Where I see the main difference is in budgeting. Most Republicans try to keep a lid on state spending. That is difficult when we have such a large surplus. And new fiscal estimates indicate another $20 million.

I should have my section of the budget completed in about 10 days. Seems like I’ve been in committee forever. Last Wednesday we heard the new Public Defender system budget and worked until 8:30 p.m.

You might remember that the ACLU was suing the state over inequities in our public defender system. They decided to drop the suit if they could be a part of the planning for a new system. Guess what? The system will cost far more than anyone guessed.

First, the attorneys will mostly be on staff, about 75 of them in 11 districts. Almost all districts will have a supervisory attorney, an investigator, a law clerk and an office manager.

The 75 attorneys all joined a union as soon as the system was put into place. Needless to say, the legislators were surprised, even the author of the bill that started the system last session. We thought there would still be mostly contract attorneys, not staff attorneys.

Besides, the staff attorneys are all exempt from any state pay system. Their new union negotiator came to speak to my sub-committee as well as the director of the state ACLU. Might be another law suit.

The public defenders decide who is eligible to have a public defender. One judge was very upset when a woman charged with her 6th DUI was given a public defender. She used her $240,000 property as bond collateral. The public defender had the judge excused from the case.

The new chief public defender, Randi Hood, told us that she is representing only the client, not the interest of the taxpayer. In fact, they ask that a judge NOT include repayment of attorney and court fees as part of a final verdict.

On to another subject. The new pay plan, HB 13, was heard in my Appropriations Committee on Friday. This plan puts all state employees on what is called the broadband system. I’ve written about this many times. The advantage of broadband is that it rewards employees for merit and the disadvantage is that it costs more.

I have been trying to figure out exactly how unions could negotiate when raises are based on performance. Well, they can. HB 13 gives all state employees a 3 percent raise each year and allows supervisors to only give another 0.6 percdent raise on merit.

Because I am the vice-chair of Appropriations I received over 60 call messages and a couple dozen emails asking me to support HB 13. I got three from a legislator’s mother that works for the university system.

Of course, I looked up the names in the state phone book and most of these people were employees. I think I’ll check to see if they used taxpayer phones and time rather than their own long-distance and their breaks.

One email said that this was a modest plan. How can anyone think that $75 million in four years is modest? The real increase is in health care and retirement benefits. That is an effective tool for our state government to use to attract and retain good employees.

I have been receiving over 60 postcards, emails, or phone messages daily. Most from other districts. I try to answer every message from one of my constituents, but I ask that you be patient. When my end of the budgeting process nears completion, I’ll have a bit more time.

Keep leaving me messages at 406-444-4800, email jannataylor@montana.com or writing P.O. Box 200400, Helena, MT, 59620-0400.