Public Defender Says Office Needs $73,000 for Remainder of the Year

The Tenth Judicial District Public Defenders office will be crunching numbers over the next few weeks to refine a budget that is in the red and has survived on surplus revenue the past several years, according to managing attorney Steven Porch.

"Basically, we're running out of money and for the last few years have been living off reserve money," he said. "In 2004 we had a surplus of $202,000 in our account, since that time, we have been eating away at that money and it has not been replenished."

Porch met with the five judges in the district which include Ashley, Chicot, Desha, Drew, and Bradley counties on Thursday, May 29, in Monticello. The purpose of that meeting was to inform the judges of the situation and request that the counties divide $73,145 as outlined in the supplemental budget to carry the office through the end of the year. Porch initially requested $100,000, but trimmed it down to the lesser amount presented during the meeting.

According to Ashley County Judge Emory Austin, Porch requested $21,000 from Ashley County. However, Austin said, neither Ashley County nor the neighboring counties have the surplus to afford what Porch is asking. "Basically what we (county judges in the district) decided is he needed to go home and redo his figures,"Austin said, "and streamline his budget."

Although Porch plans to revisit the topic in the future, Austin said that a date has not been set. Porch said when he took over the position on February 18 that he had no idea the public defender's office was nearing broke. This is something that should have been dealt with long ago, he said, adding that it did not get to this point overnight.

Former chief public defender G. B. "Bing" Colvin. III, who retired earlier this year, said the office milked the public defender's fund, monies from the circuit probate and chancery municipal courts when the office was first established, as long as it would go, but that his 2008 budget would have made it with a little help toward the end of the year.

Prior to retirement, Colvin outlined $106,462 in appropriations for 2008. "They're going to have their hands full, that's for sure," Colvin said in regards to the financial position the public defenders office is facing.

A few of the expenditures in Porch's proposal include $2,450 for rent through the end of the year. Porch stated in a letter to the judges that the former facility which housed the public defender's office was plagued with rats, roaches, spiders, water damage, black mold and was cluttered and not professional. Porch relocated the office which increased its monthly rent from $345 to $600 per month;

--$3,000 for telephone/Internet/fax, attributed to switching from dial up to DSL, stating that it was not possible to conduct legal research online via the dial up system;

--$4,100 to maintain utilities until the end of the year. Porch explained that the office now pays gas and water utilities that it did not have at the old facility;

--$191 per month for Westlaw, noting that it must defend clients and that without Westlaw, public defenders are almost helpless in gaining current knowledge of laws and legislation;

-- $2,500 for janitorial services for cleaning supplies, equipment and a cleaning person to take care of the bathrooms, floors and general cleaning as needed;

-- a six cent increase to the current 37 cents per mile to compensate for rising fuel costs. Porch estimated that $6,500 extra for the remainder of the year is needed for travel expense;

--$5,000 for witness expenses to cover all travel expenses for witnesses needing to commute to testify in trial;

--$3,500 for the remainder of the year for continuing education. To keep their law license current, Porch stated in the proposal that public defenders must attend seminars and classes;

--$18,000 to hire a second Legal secretary to assist attorneys through the end of the year; and

-- $5,000 for extra help and investigation expenses.

"Some of the things Porch has requested (in his proposed budget) are needed," Colvin said, "research particularly, and increasing travel expenses," he added. As chief public defender, Colvin said that he conducted research at the law library in Drew County and met with clients outside of the office.

Ashley County, Colvin said, due to its population make up, tended to have the toughest jurors. With the majority of his cases in Ashley County, he said that he usually met with clients at the Ashley County Courthouse.

Colvin admitted that the former facility was cramped and plagued with mold, but denied having a rodent problem. "The only rats I ever saw inside my office were clients," he said.

A former member of the Chicot County Quorum Court, Colvin said as chief defender he understood the money issues the counties in the district face.

Representing between 80 to 90 percent indigent clients, people who cannot afford an attorney, Porch said that the practice of law is not cheap. "All I want is to represent the people who cannot afford an attorney and represent them well," he said.

The public defender's office receives funding from administration of justice, bail bond fees and payments from the district courts. Referring to two conflicting stories, Porch said in the late 1990's two things occurred that he believes created confusion and resulted in the office not being included in the county budgets.

First, he said, the state stepped in and the Arkansas Public Defender Commission began paying the salaries of the public defenders, secretaries, and support staff, as well as authorized expenses. In addition, he said, the county Administration of Justice Fund was created and the public defender's office was omitted from receiving county funding through budgeting. However, Colvin said to his knowledge the public defender's office has not at any time received funding from the counties.

According to statute 16-87-302, the county or counties within the judicial district shall be responsible for payment of the following: (1) the cost of facilities, equipment, supplies, and other office expenses necessary to the effective and efficient operation of the public defenders office; and (2) the compensation of additional personnel within the office of the public defender, when approved in advance by the quorum court. Porch further stated that the funds are meant to defray, not replace county funding.

Porch said he wanted a level playing field. He noted he worked with the prosecutor's office four and a half years and that the Tenth Judicial District Prosecutor's office receives a combined budget of over $200,000 from the counties in the district. Porch said when compared, the prosecutor's office is receiving money that the public defender's office does not, and that makes it difficult to fight for the poor the way they deserve to be represented. "We need things that parallels what the prosecutor's office has," he said.

Tenth Judicial District Prosecuting Attorney Thomas Deen said that the prosecutor's office received $195,624 for the 2008 budget from the counties in the district. That money, he said, covers staff salaries and office expense and is divided between the five counties. Unfamiliar with the break down of the public defender's office, Deen said that his office processes 100 percent of its cases. In addition, he said, the office also advises law enforcement daily and reviews all cases including those that do not result in the filing of felony charges from district, juvenile and circuit courts.

"The state also pays teams (for the public defender's office) of outside private lawyers and their investigators and assistants by the hour to handle most capital cases in the district, whereas we must handle our own," Deen said.

"Right now I"m looking at the budget, going over it, and trying to figure out what to do next to represent the poor," Porch said.

Hamburg Man Killed in Tire Changing Accident

A Hamburg man died Tuesday afternoon, June 10, when the tire he was airing up apparently exploded. Hamburg Police Chief Tommy Breedlove said that Officer Steven Hodge, who is investigating the accident, got the call at 2 p.m.

 No More Busy Signals and Much Faster Downloads Available Immediately!

Public Defender Says Office Needs $73,000 for Remainder of the Year

The Tenth Judicial District Public Defenders office will be crunching numbers over the next few weeks to refine a budget that is in the red and has survived on surplus revenue the past several years, according to managing attorney Steven Porch.

From Chicken Fat to B100 Diesel Fuel: The Pinnacle Biofuels Plant

It takes six days for a blend of chicken fat and soybean oil to emerge from the reactors as B100 biodiesel, but the process is such at Pinnacle Biofuels in Crossett that the company produces 29,000 gallons of diesel per day, or 20 gallons per minute.

 Portland Community Garden in Second Year of Providing Produce

GPS Gin of Portland and its employees are investing in the community while assisting individuals in battling rising food costs through a community garden open to both Portland residents and those of neighboring communities.

Hamburg Council Approves Bathrooms, Lights for Pine Street Park

The Hamburg City Council, in its regular meeting on Tuesday night, May 27, approved the construction of rest rooms and making repairs at the Pine Street Park. The meeting was moved from the regular Monday meeting day because of the Memorial Day holiday.

Crossett Man Sentenced to 121 Months for Money Laundering

Robert C. Balfe, United States Attorney for the Western District of Arkansas, announced this past week that Michael Brown, 38, of Crossett was sentenced on May 23 to 121 months in prison followed by three years of supervised release by U.S. District Judge Harry F. Barnes. Brown pleaded guilty in November, 2007, to conspiracy to commit money laundering.

Bankruptcy Listing for Credit Union Wrong

In its weekly listing of bankruptcy filings in Arkansas in the issue of Monday, May 26, the Arkansas Democrat-Gazette incorrectly listed the Crossett Paper Mills Employees Federal Credit Union.

 Ceremony on Monday Marks Changing of Veterans’ Flags

A group of Ashley County citizens gathered at the Ashley County Veterans Memorial on Monday, May 26, to mark the observance of Memorial Day by changing the United States flag over the memorial.

Hamburg Seniors' Scholarships Announced During Graduation

Graduation time came for the 129 members of the Hamburg High School Class of 2008 on Thursday night, May 22. The ceremony was held in the junior high gym because of the construction underway at Campbell Field, and the move turned out to be an excellent one because of the light rain which fell early that evening.

Hamburg's Early College Program Saves Parents Over $63,000 in Tuition

Not only did Hamburg High School’s seniors receive their diplomas on Thursday night, but 34 members of the class have also earned college credit through the concurrent credit program with the University of Arkansas-Monticello and the Southeast Arkansas Educational Cooperative.

 Johnson & Johnson, Barnes Get Wins Tuesday’s Primary Voting

(Updated) Ashley County Sheriff David Johnson won nomination with a landslide win over challenger David Oliver in the Democratic primary on Tuesday, May 20. And in the race for a seat on the Tenth Judicial District Circuit Court in the nonpartisan judicial, Sara Hartness and Kenny Johnson, both of Monticello, led the ticket with Andrew Best of Hermitage running a distant third in Ashley County and across the district.

Crossett’s City Discusses Adding Paddle Boats on Lucas Pond

A discussion on paddle boat rentals at Lucas Pond with the Crossett Historical Society purchasing boats and paying liability insurance was the only topic for the Crossett City Council's regular meeting on Monday night, May 19.

Arsonist Burns $450,000 in Logging Equipment

The Ashley County Sheriff's Department is investigating a case of arson in which $450,000 in logging equipment was burned, possibly in connection with a meth lab.

Justices Extend Bonuses to Elected Officials

Members of the Ashley County Quorum Court on Tuesday, May 13, extended the $500 bonus they approved in April to elected officials, ratified two appointments to the Ashley County Equalization Board and approved three resolutions relating to grants for Berry Packing in North Crossett.

Crossett Board Gets Building Update

The Crossett School Board held its monthly meeting Monday, May 12, with all members present. In addition to actions taken, Superintendent of Schools Janice Warren gave an update on the Daniel and North Crossett property. Both buildings are scheduled to close with students relocated to two of the district's remaining four buildings beginning in the 2008-2009 school term. A discussion on renovation costs to the high school gymnasium and possible avenues open to the district, changes to the parent student handbook, and a JBHM report were also topics for the meeting.

Crossett High Announces Scholarship Winners

The scholarships that Crossett High School seniors are receiving were announced during the district's annual awards program held at the Crossett City Auditorium on Monday night, May 3.

Feral Hogs Major Problem for Overflow Refuge, Officials Told

Fewer than ten people attended a public input meeting in Hamburg on Tuesday night, April 29, in regard to the development of a new fifteen year comprehensive conservation plan for the Overflow National Wildlife Refuge.

Parkdale Celebrates Arrival of New Fire Truck

Monday, May 5, was a red letter day for the Parkdale Fire Department, a day which marked the arrival of a new 2008 fire truck. The truck replaces a 1964 model which the city bought used in the 1980s. The new 2008 Freightliner four door is equipped with a Cummins diesel engine.

Myra Evans' Entry Wins Heaviest ‘Dillo Contest

The annual Hamburg Armadillo Festival began on Friday afternoon, May 2, with two of the traditional events-- the armadillo weigh-in and the armadillo races.

Hamburg Council Holds Short Regular Meeting

The regular meeting of the Hamburg City Council on Monday night, April 28, lasted less than ten minutes and consisted only of reports with no action items on the agenda.

Hamburg Seeks Grant to Lengthen Park Trail

The Hamburg City Council, in a special meeting on Tuesday, April 15, approved a resolution to seek a grant to lengthen the walking trail at the Norman Park.

State Supreme Court Affirms Capital Murder Conviction for Second Time

The Arkansas Supreme Court this past week for the second time affirmed the capital murder conviction of Joe Gene Newton.