Annual Report
Maricopa County Office of the Public Defender

2010-2011
MARICOPA COUNTY OFFICE OF THE PUBLIC DEFENDER
620 W. Jackson Street, Suite 4015, Phoenix, AZ 85042
(602) 506-7711
pdinfo@mail.maricopa.gov

Annual Report
Maricopa County Office of the Public Defender
Mission
The mission of the Office of the Public Defender is to
provide quality legal representation to indigent
individuals assigned to us by the court, thus
safeguarding the fundamental legal rights of each
member of the community.
Goals

Annual Report | 2010-2011

The Maricopa County Public Defender’s Office provides tremendous value to the community by
serving an important public safety function. We seek effective dispositions for addressing the
underlying problems that contribute to our clients' criminal behavior, thus providing them with
their best chance to become productive and law-abiding individuals. Our goals are:

1

To protect the rights of our clients, to guarantee that clients receive equal protection under
the law, regardless of race, creed, national origin or socioeconomic status, and to ensure
that all ethical and constitutional responsibilities and mandates are fulfilled;
To obtain and promote dispositions that are effective in reducing recidivism, improving
clients’ well-being, and enhancing quality of life for all;
To work in partnership with other agencies to improve access to justice, develop rational
justice system policies, and maintain appropriate caseload and performance standards;
To enhance the professionalism and productivity of all staff; and
To perform our obligations in a fiscally responsible manner including maintaining cost
effectiveness by limiting the percentage of increase in the annual cost per case to no more
than the percentage of increase in the overall annual funding of the County’s criminal
justice group.
DEFEND ~ PROTECT ~ ENHANCE ~ PROMOTE ~ IMPROVE ENSURE ~
PARTNER ~ RESPOND ~ PRODUCE ~ RESOLVE ACHIEVE ~ REPRESENT

~ LEAD

Department Initiatives
In FY11, the Maricopa County Public Defender’s Office continued to support initiatives
addressing the root causes of offenders’ criminal behavior and reducing recidivism. The
reduction in recidivism enhances public safety and reduces future demands on the criminal
justice system.
We are pleased to report that the Veterans Court referenced in last year’s report is now a
reality, focusing expertise and resources on the unique needs of veterans caught up in the
criminal justice system. In addition, the Office continues its involvement with the Regional
Homeless Court (RHC), which is in the process of being expanded to misdemeanors in the
Maricopa County Justice Courts. The RHC brings the homeless population and the regional
limited jurisdiction courts together in one accessible location to resolve lingering postadjudicated and pre-adjudicated matters for homeless individuals who are on the road to
becoming productive members of our community.
The MCPD also plays a critical role in the Continuity of Care Court, gathering information within
days of the arrest of mentally ill defendants. The information obtained by our staff in this court
has resulted in at-risk inmates receiving critical medication while incarcerated and evidence
based plea offers focused on the root causes of these offenders’ criminal behavior being
provided at an early stage of proceedings.

Working with the courts and prosecution on potential expansion of diversion programs,
Serving as a stakeholder for the House’s Legislative Sub-Committee on Sentencing Reform,
Working with Arizona Attorneys for Criminal Justice and a nationally recognized expert on
an in-depth report of evidence-based practices,
Serving as a member of the Department of Justice’s
LEEC’s Reentry Committee,
Serving on the County’s SMI Commission,
Speaking at community forums with the Sheriff and the
County Attorney on evidence based practices,
Working with Magellan and Correctional Health Services
to address the ever-widening gap in mental health
services to our clients caused by recent budget cuts,
Serving on the Executive Committee of the County’s recently created Jail to Community
Services reentry committee, and
Working with the Adult Probation Department on several training programs regarding
expanded use of evidence based practices.

Annual Report | 2010-2011

Finally, the Office continues to devote considerable efforts to other evidence based initiatives
by:

2

Training Activities
The Public Defender Training Fund (PDTF) continues to be a vital component in meeting this
goal. The fund enables the MCPD to provide high-quality training for attorneys and support
staff, giving them the necessary resources and tools to provide effective representation.
Further, the fund enables the MCPD to serve as a leader and primary sponsor for a variety of
statewide training programs focused on indigent defense.
In anticipation of further State and County budget issues, as well as a decrease in PDTF funding,
MCPD continued to operate with several fiscal constraints. We maintained our moratorium on
out-of-state travel (with limited exceptions) and restrictions on in-state training. We also
achieved savings with a reduction of training staff due to retirement. Our conservative
approach resulted in a training reserve of $100,618.84 at the end of the fiscal year, which helps
us start the new year on a strong footing.
While training new public defender attorneys from around the state remains a high priority, an
ongoing County hiring freeze has shifted our focus to developing the 2-5 year attorney. After
our two-week New Attorney Training and the State Bar Professionalism Course, our less
experienced attorneys attend our Spring Trial College. This three-day training focuses on crossexamination and openings in a lecture/practice format taught by nationally renowned speakers
Terrence McCarthy and Josh Karton. The small group practice sessions are mentored by MCPD
and Pima County Public Defender supervisors.
Two to five year attorneys follow that training with attendance at our Fall Trial College, which
focuses on Voir Dire and Closings and is taught by another nationally known speaker Ira
Mickenberg. This two-day seminar is again in a
lecture/practice format where we enlist private, Federal
Defender and other Public Defender office attorneys to act as
mentors in the small groups.

Annual Report | 2010-2011

We supplement training with the APDA Annual Conference
(which the MCPD co-sponsors), the Annual Death Penalty
Conference, bi-monthly brown-bag lectures, technology
training, and publication of our newsletter for The Defense.

3

A new development in the last year arose when we saw a
need for training in Capital Appeals and Rule 32 proceedings.
We partnered with the Federal Defender’s Capital Habeas Division to offer quarterly trainings
on various aspects of these subjects. The trainings have been well attended and received.
In summary, the Public Defender Training Fund remains a cost-effective and dynamic tool for
training public defenders and staff.

Title of Conference/Training
IRIS – Time Sheets
PowerPoint 101
IRIS – Adding Other Case People
Criminal E-Filing
PowerPoint – Animation
PowerPoint – Inserting Objects
FTR Version 5.3
iCIS View for PD
IRIS Case Management
E-Filing Through IRIS
IRIS – Potential Conflicts Process
IRIS – Records Management
IRIS - Case Initiation
IRIS – Updating and Closing Cases
Westlaw General Refresher
APD Re-Entry Programs
Accident Reconstruction / Auto - Pedestrian - Bicycle
SB1070 Potential Impact
New Employee Training
AZ’s New Law on Expert Testimony
New Attorney Training: Trial Skills
New Employee Training
New Attorney Training: CM Skills
Firearms / Ballistics
AA/NA Everything you didn't know
Faxination Training
Appellate Perspectives on Civil Involuntary Commitment
Representing Veterans/ Diversity Event/ Diversity in the Military
Plotters/PowerPoint
Getting to know Daubert
Using Evidence to Promote Public Safety Webinar
S Drive Volunteer Training
Representing Veterans Training for RCC –DT
Scanning & Secured Printing Training/ Records
Deferred Compensation Plan Overview
PCR Updates/ Rule-32 Post-Conviction Relief Survival Guide
OST Training
Mexican Consulate Support Staff Training
New Employee Training
Preventing Workplace Violence and Bullying / Webinar

Date(s)
July 1, 2010- June 30, 2011
July 1, 2010- June 30, 2011
July 1, 2010- June 30, 2011
July 1, 2010- June 30, 2011
July 1, 2010- June 30, 2011
July 1, 2010- June 30, 2011
July 1, 2010 – June 30, 2011
July 1, 2010 – June 30, 2011
July 1, 2010 – June 30, 2011
July 1, 2010 – June 30, 2011
July 1, 2010 – June 30, 2011
July 1, 2010 – June 30, 2011
July 1, 2010 – June 30, 2011
July 1, 2010 – June 30, 2011
July 1, 2010 – June 30, 2011
July 9, 2010
July 21, 2010
July 26, 2010
July 26 - 29, 2010
July 30, 2010
August 2 - 6, 2010
August 10 - 13, 2010
August 16 - 20, 2010
August 19, 2010
August 20, 2010
August 23, 2010
August 24, 2010
August 25, 2010
August 26, 2010
August 27, 2010
September 8, 2010
September 9 and 14, 2010
September 14, 2010
September 15 and 23, 2010
September 16, 2010
September 22, 2010
September 29, 2010
September 30, 2010
October 5 - 7, 2010
October 12, 2010

# of
attendees
1
9
5
23
5
9
5
39
42
71
8
3
2
2
16
30
10
61
6
44
8
5
3
25
12
32
10
39
6
50
3
20
17
11
45
74
27
28
5
6

Annual Report | 2010-2011

Training Events Summary

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Title of Conference/Training
Emergency Evacuation Training
Records Telephone Refresher
OST / RCC-DT
Capital Skills Training
Correctional Health Services: Identifying & Serving Individuals
Windows Movie Maker
Capital Direct Appeals & PCR Training / Co-sponsor FPD
Real Colors
Webinar: First Line of Defense Mental Health 1st Aid for Vets
Deferred Compensation
Death Penalty 2010
New Employee Training
Advanced Trial College
New Attorney Training: CM Skills
Criminal Dept Master Calendar
Setting up PPT Equipment
Ergo/ Back Care CSU & Records Staff
Real Colors
New Employee Training
New Attorney Training: Trial Skills
IRIS – Time Sheets for Legal Defender's Office
Vinnie’s Medicine Chest
DLA-20 Functional Assessment for Persons w/ SMI
Northover Mini Seminar Jury Communications
Criminal Mental Health Training / Mesa
Filling Out Evaluations for Lead Attorneys
Interstate Compact
Crisis Management: Supporting Employees During & After a Crisis
Spring Professionalism Course
New Employee Training

Annual Report | 2010-2011

th

5

Date(s)
October 14, 2010
October 19, 2010 and
January 11, 2011
October 19, 2010
October 21 - 22, 2010
October 29, 2010
October 2010 and November
2010
November 4 - 5, 2010
November 10, 2010
November 10, 2010
November 19, 2010
December 1 - 3, 2010
December 7 - 8, 2010
December 9 - 10, 2010
December 13 - 17, 2010
December 15, 2010
January 10, 12 and 13, 2011
January 12 and 14, 2011
January 13, 2011
January 18 - 21, 2011
January 24 - 28, 2011
January 27, 2011
February 1, 2011
February 8, 2011
February 11, 2011
February 14, 2011
February 25 and 28, 2011
March 2, 2011
March 9, 2011
March 11, 2011
March 14 - 16, 2011

# of
attendees
11
23
15
32
29
21
50
15
3
3
296
9
46
9
33
7
18
18
7
12
4
41
5
7
14
17
28
4
16
5

15 Annual Trial College

March 22 - 24, 2011

35

Vinnie’s Medicine Chest / Mesa
New Employee Orientation
Turbo Court Overview
Deferred Comp
County Open Enrollment Overview
From Police Officers to Defense Investigator / BB
Capital PCR Training/ SCOUTS Case
Bond Forfeiture Training
U.S. Dept of Veteran’s Affairs / Mesa

March 31, 2011
April 5 - 8, 2011
April 7, 2011
April 15, 2011
April 20 and 21, 2011
April 21, 2011
April 21, 2011
April 29, 2011
April 29, 2011

13
3
38
5
58
27
40
19
12

Title of Conference/Training

May 2, 2011
May 3 - 5, 2011
May 3, 2011
May 5, 2011
May 9 - 13, 2011
May 13, 2011
May 13, 2011
May 16, 2011
May 17 - 18, 2011
May 23 - 27, 2011
June 2, 2011
June 8, 2011
June 9, 2011
June 15, 2011

# of
attendees
13
3
31
48
7
37
12
2
1
8
27
19
43
33

June 22 - 24, 2011

338

June 28, 2011
June 29, 2011

26
20

Date(s)

APD Training Programs Update
New Employee Orientation
The Last Gasp of Crawford? Michigan v Bryant / BB
Free Talks
New Attorney Training: CM Skills
Capital Direct Appeals & PCR Supplemental Seminar
Bond Forfeiture Training / Mesa
New Employee Orientation
New Attorney Training: CM Skills
New Attorney Training: Trial Skills
Time Entry and Approval in the New ADP System
Court Room Presentations How to: Plotter Use & Mounting
MCSO Records Request Training
ADP Overview for Supervisors
th

9 Annual APDA Conference
Is Your Expert Really an Expert?
Access to AHCCCS & Behavioral Health Recipient Benefits

Organizational Chart
Jim Haas
Public Defender

Keely Farrow
Business Programs
Manager

Vacant
Legal Support
Manager

Vacant
Client Services
Manager

Stephanie Conlon
Training Director

HR Associate

HR Specialist

Amy Thomas
Support Services
Manager

C. Daniel Carrion
Attorney Manager
Early Representation
(RCC & EDC), PV,
Justice Courts
Vehicular, JAC

Dan Lowrance
Atttorney Manager
Trial Groups 1
through 6, Law
Clerks, Interns

Appeals, Capital,
Criminal Mental
Health, and Major
Fraud

Training Staff
New Attorneys

Annual Report | 2010-2011

Jeremy Mussman
Deputy Director

Diane Terribile
Administrator

6

Managing for Results, Statistics and Budgeting
Over the past seven years, the Public Defender’s Office has reported strategic and statistical
information using Managing for Results (MFR). MFR is a comprehensive and integrated
management system that was established in 2000. Four cycles (planning, budgeting, reporting,
evaluating) comprise the MFR system which is used heavily in budgetary decision-making.
MFR data is comprised of four types of measures: demand, output, efficiencies, and results.
Data reported for these measures in prior years included projections and historical actuals for
case assignment (demand), case resolution (output), and expenses by case type (efficiency), as
well measures geared for demonstrating effectiveness and/or efficiency (result). In FY10, the
Public Defender's results measures were significantly revamped. To a large extent, the Office
can’t control the timeliness or even the effectiveness of representation. The specifics of the
cases and the relevant case law, along with the power and authority of Court and County
Attorney, restrict our impact on process timeliness and case outcomes. However, because FY11
marks the second year for data in the new structure, we are at least able to compare year-toyear changes in those numbers and consider the information
as part of our ongoing efforts toward monitoring the quality of
our representation.

Annual Report | 2010-2011

In FY10, the Office also began using a new fifteen criteria case
weighting system. With a second year of data, trend analysis
is now possible. Department-wide and individual attorney
reports are available to Office management and supervisors.
These figures help to quantify the relative difficulty of cases in
an effort to understand attorney workloads better. Case
weighting information is used in conjunction with the
supervisors’ more-detailed understanding of their attorney’s cases, to assist supervisors in
workload leveling. The intention of these efforts is to ensure workloads are not excessive for
any particular attorney(s), and to inform supervisors which attorney(s) might have the ability to
take additional cases.

7

Finally, with regard to FY11 budgeting, residual effects from the economic downturn continued
to impact the Office. While budget cuts were not required for FY11, the reductions from prior
years left the department in a difficult position. The prior year reductions coupled with some
unusual mandatory one-time costs put the department over budget for a time during the year.
Fortunately, the County Manager authorized a year-end budget transfer that had the effect of
increasing the expenditure appropriation for Public Defender. The funding was transferred
from another of the offices in Public Defense services that had not been faced with the same
difficulties and had been able to achieve sufficient savings.

Budget Abstract

SALARIES & BENEFITS
GENERAL SUPPLIES
FUEL
NON-CAPITAL EQUIPMENT

EXPENDITURES
$33,589,604.46
$363,176.94
$13,616.80
$0.00

LEGAL SERVICES

$1,616,098.52

OTHER SERVICES

$107,991.11

RENT & OPERATING LEASES

$69,007.16

REPAIRS AND MAINTENANCE

$28,635.74

INTERNAL SERVICE CHARGES

$35,743.29

TRAVEL

$41,027.76

EDUCATION
POSTAGE/FREIGHT/SHIPPING

$113,842.18
$37,290.22

CAPITAL EQUIPMENT

$0.00

VEHICLES

$0.00

DEBT SERVICES (Technology Financing)
TOTAL EXPENDITURES

APPROPRIATIONS
GENERAL FUNDS
TRAINING SPECIAL REVENUE FUND
FILL THE GAP SPECIAL REVENUE FUND
DEA GRANT
TOTAL APPROPRIATIONS

$17,373.26
$36,033,407.44

AMOUNT
$34,444,787.00
$438,134.00
$1,483,701.00
$445,651.00
$36,812,273.00

Annual Report | 2010-2011

ACCOUNT

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Statistical Abstracts
Cases Assigned
History of Cases Assigned by Case Categories
1,2
FY07-FY11 Cases Assigned
Case Type
FY07
FY08
FY09
Capital
18
14
7
All other Homicide
159
189
160
Class 2-3 Felony
6,001
5,709
6,352
Class 2-3 Felony - RCC/EDC
2,094
2,438
2,835
Class 2-3 Felony - Non RCC/EDC
3,907
3,271
3,517
DUI
2,121
2,206
2,331
DUI - RCC/EDC
1,457
1,616
1,659
DUI - Non RCC/EDC
664
590
672
Class 4-6 Felony
17,545
18,903
16,776
Class 4, 5, & 6 Felony - RCC/EDC
12,814
14,663
13,061
Class 4, 5, & 6 Felony - Non RCC/EDC
4,731
4,240
3,715
Violation of Probation
18,473
15,904
15,235
Misdemeanor
3,417
3,276
3,176
Trial Division Total
47,734
46,201
44,037
3
Mental Health Total
2,546
2,818
3,453
Appeals (includes Capital)
436
318
371
Plea PCR (Appeal PCR)
626
527
243
Trial PCR (PCR)
169
128
70
Juvenile Appeal
34
46
38
Appeals Division Total
1,265
1,019
722
Total of Above
51,545
50,038
48,212

FY10
8
126
5,292
2,579
2,713
2,052
1,310
742
14,279
11,344
2,935
12,216
2,896
36,869

FY11
13
129
5,272
2,191
3,081
1,960
1,236
724
13,574
10,269
3,305
12,259
2,763
35,970

3,572
467
374
133
23
997
41,438

3,521
380
191
75
1
647
40,138

1

A substantial review of historical data was made in June and July 2007. The data here has
been updated to reflect any corrections processed at that time for FY03 through FY07. Data
after 2007 is updated as information available. Data may not match older reports.
2

Total cases opened minus cases closed during the time period with the following dispositions:
no complaint, administrative transfer, and workload withdrawal cases.

Annual Report | 2010-2011

3

9

Beginning FY09, Mental Health case assignment methodology was revised. In prior years, a
new case was created in the event of Judicial Reviews, Annual Reviews or Review Status
Hearings. The revised process and procedures have been changed so that when such events
occur, the original case is reactivated instead of creating a new case in IRIS.

Cases Resolved
History of Cases Resolved by Case Categories
1,2
FY07-FY11 Cases Resolved
Case Type
FY07
FY08
FY09
Capital
7
8
8
All other Homicide
78
86
106
Class 2-3 Felony
4,604
3,847
4,276
Class 2-3 Felony - RCC/EDC
1,541
1,390
1,496
Class 2-3 Felony - Non RCC/EDC
3,063
2,457
2,780
DUI
1,558
1,676
2,007
DUI - RCC/EDC
1,082
1,114
1,266
DUI - Non RCC/EDC
476
562
741
Class 4-6 Felony
14,824
14,921
15,282
Class 4, 5, & 6 Felony - RCC/EDC
10,750
11,136
11,175
Class 4, 5, & 6 Felony - Non RCC/EDC
4,074
3,785
4,107
Violation of Probation
17,533
14,835
14,132
Misdemeanor
3,037
2,765
2,827
Trial Division Total
41,641
38,138
38,638
3
Mental Health
2,452
2,712
3,358
Appeals (includes Capital)
328
283
334
Plea PCR
501
485
329
Trial PCR
69
69
47
Juvenile Appeals
32
53
22
Appeals Division Total
930
890
732
Total of All Above
45,023
41,740
42,728

FY10
21
88
3,929
1,533
2,396
1,738
1,091
647
12,968
9,933
3,035
11,783
2,726
33,253
3,510
441
223
64
41
769
37,532

FY11
8
63
3,342
1,277
2,065
1,588
957
631
12,096
9,318
2,778
11,236
2,381
30,714
1,110
379
176
61
5
621
32,445

1

A substantial review of historical data was made in June and July 2007. The data here has
been updated to reflect any corrections processed at that time for FY03 through FY07. Data
after 2007 is updated as information available. Data may not match older reports.
2

Case resolutions are total cases closed during the fiscal year, minus cases closed during the
fiscal year that were not resolved by the office directly (i.e., reduced by cases in which no
complaint is filed, private counsel is retained, conflict withdrawals, workload withdrawals, and
transfers to another IR department).
Beginning FY09, Mental Health case assignment methodology was revised. In prior years, a
new case was created in the event of Judicial Reviews, Annual Reviews or Review Status
Hearings. The revised process and procedures have been changed so that when such events
occur, the original case is reactivated instead of creating a new case in IRIS.

Annual Report | 2010-2011

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10

Annual Report | 2010-2011

Recognitions

11