Common Law: A quick verdict of ‘not guilty’

Public defender Lacy Gilmour compares her case to that of the prosecution in a recent theft trial before Judge Kaufman, and how it won an acquittal for her client.

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Common Law, episode 2: A public defender

Lacy Gilmour began working for the Sedgwick County Public Defenders’ office after she graduated from law school three years ago. But she knew that was the job she wanted before she went to middle school.

County public defender’s office stops taking cases

UPDATED: With judge’s plan to appoint private attorneys and quotes from the judge.

The Sedgwick County Regional Public Defenders office has stopped taking cases for at least two weeks, its chief said this morning.

“We have an obligation to offer ethical representation, and we just can’t keep going on like we’re have been,” Steve Osburn said. “We just had to stop the bleeding.”

Update 1: Judge Eric Yost, who presides over the criminal division of Sedgwick County District Court, said he will appoint private attorneys to fill the void and expects them to be paid by the state.

“We have an obligation under the law to make sure everyone has legal representation, and we need to do everything we can to provide that,” Yost said.

Osburn’s office lost two lawyers, who went to work for the district attorney’s office at the first of the month, and he learned last week that there wasn’t enough money to replace them. Two other attorneys are on extended medical leave. That came on top of a caseload that has been increasing for three years. Public defenders in Wichita average nearly 200 cases apiece every year. There are currently 22 attorneys in the office.

“We are hoping for permission to fill the vacancies with the reduced budget,” said Pat Scalia, director of the state’s Board of Indigent Defense Services.

This is the first time the Wichita office has had to stop accepting cases, Scalia said, although she said it has happened in other offices throughout the state.

Update 2: Yost said he will assign cases to lawyers who have volunteered to take court-appointed clients.

“But their volume is about to increase,” the judge said.

Meanwhile, judges in Sedgwick County district court are struggling to find representation for people charged with crimes who can’t afford attorneys, as required by law.

“We don’t have an answer,” said Judge Eric Yost, presiding judge of the criminal division, after getting word of the shut-down late Friday afternoon. “We don’t know what we’re going to do.”

New public defenders’ conflict office finishes first month in Wichita

Three public defenders have finished their first month in the new conflicts office, and they say they’re just finishing up their cases from their old office.

Chrystal Krier, Pam McLemore and Nika Cummings each brought about 60 cases with them when they moved into their new office in the historic Occidental Building at 2nd Street and Main. Fortunately, they only picked up 13 new cases in the first month, allowing them to clear their old files.

The three expect to get as many as 30 cases per month at the new office, which handles defendants too poor to hire their own lawyers, but whom the regional public defenders office can’t represent because of legal conflicts. These may include cases such as those with multiple defendants.

The office opened after Richard Ney, Brad Sylvester and Doug Adams stopped taking assignments from state court. They now work on private retainers.