Annual Report Maricopa County Office of the Public Defender 2012-2013 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 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:    Annual Report | 2012-2013   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 1 Department Initiatives During the last fiscal year, the MCPD continued expansion of evidence-based initiatives focused on reducing recidivism. An essential aspect of addressing root causes of criminal behaviors is crafting effective dispositions whenever possible. To this end, MCPD has taken a leading role in coordinating a highly effective Settlement Conference Committee, comprised of leaders from the prosecution, bench, and defense. This committee provided two presentations to the Bench in the Spring of 2013 and has addressed a number of common-ground needs to the betterment of the criminal justice system as a whole. MCPD has also been integrally involved in a number of evidence-based efforts with its partners on the Maricopa County Jail to Community Reentry Council, including proposals for expanded diversion programs for eligible low risk offenders, greater use of risk assessments in evidence-based release decisions, and incentivizing incustody defendants to engage in enhanced jail programming. We also continue to focus efforts on the needs of Veterans through the Veterans Court, Regional Homeless Court, and annual Veterans’ Stand-down, which was expanded to address the legal needs for over 300 veterans with cases in the Maricopa County Superior and Justice Courts during the March 2013 event. In addition, we played a key role in changes to the Rules of Professional Conduct and Rules of Criminal Procedure, including strengthening standards requiring attorneys to come forward with exculpatory information, clarifying the language in plea agreement avowals for defense counsel, and modifying procedures regarding plea cutoff deadlines. Further, we were leaders in a number of substantive legal battles regarding victims’ date of birth and witnesses dates of birth as part of our ongoing effort to handle cases more effectively and efficiently. Annual Report | 2012-2013 Finally, MCPD’s Juveniles in Adult Court Unit (JAC) continues to engage in cutting-edge, innovative programming targeting at-risk youth. In addition to the efforts discussed in last year’s Report, JAC is expanding its involvement with Maricopa County Education Service Agency’s (MCESA) Transforming Juveniles through Successful Transition (TJST) planning committee to direct and guide the work of Transition Facilitators. Our attorneys communicate with these facilitators and probation officers in a joint effort to reduce recidivism among this population. 2 Training Activities The Public Defender Training Fund (PDTF) continues to be vital to the Office’s mission. It enables the Office to provide high-quality training for our employees, giving them the necessary resources and tools to provide effective representation. Further, the PDTF enables the Office to serve as a leader and primary sponsor for several statewide indigent defense training programs. In anticipation of ongoing State and County budget issues, as well as a decrease in PDTF funding, the Office 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. Our conservative approach resulted in a training reserve of $227,440 at the end of the fiscal year, which helps us start the year on a strong footing. Training new public defenders from around the state remains a high priority. During the first year of employment, attorneys attend a three part training regiment including Introduction to Criminal Defense, Pretrial Practice, and Trial Skills. First year attorneys also attend the State Bar Professionalism Course. We also train attorneys with more than a year of experience by providing trial advocacy technique courses. Our Fall Trial College focuses on case themes and theory, opening statements, jury selection, and closing argument. It is taught by nationally known speaker Ira Mickenberg. Participants met in small groups, brought a case of their own, and developed a theme through which to tell their client’s story of innocence in opening statement. They practiced asking voir dire questions to expose jurors least open to believing their clients’ innocence. Attorneys practiced tying in the evidence and applicable law to support a legal theory of innocence in closing argument. Annual Report | 2012-2013 Spring Trial College focuses on cross-examination, witness control, evidence, objections, impeachment, and motive and bias. Attorney supervisors from our trial groups presented short lectures. The participants met in small groups to apply the techniques learned. They cross examined, controlled, impeached, and showed motive and bias of witnesses played by actors. Participants received valuable feedback from mentor attorneys. We supplement this training with the APDA Annual Conference (which the Office co-sponsors), the Annual Death Penalty Conference, bi-monthly brown-bag lectures, technology training, and publication of our Office newsletter for The Defense. We continue our partnership with the Federal Defender’s Capital Habeas Division to offer quarterly trainings on Capital Appeals and Rule 32 proceedings. 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. 3 September 26, 2012 # of attendees 40 June 26, 2013-June 28, 2013 330 Assault on a Health Care Worker And MH Updates April 19, 2013 11 Best Practice Tips on Immigration Issues July 20, 2012 30 Capital Direct Appeals and PCR Training August 31, 2012 22 Capital Direct Appeals And PCR Training January 24, 2013 43 Capital Mitigation Workshop October 5, 2012 14 May 8, 2013 37 Community Bridges: Drug Trends and Street Slang August 22, 2012 30 Community Bridges: Programs August 28, 2012 26 County Open Enrollment Overview April 24, 2013 19 December 11, 2012 9 Criminal E-Filing Training August 9, 2012 17 Death Penalty December 5, 2012 108 Deferred Compensation Overview August 1, 2012 9 Disability Law July 17, 2012 18 DOC: Classification and Programs August 17, 2012 38 DUI Refresher RCC DT March 29, 2013 16 Excel 101 - Part 1 November 27, 2012 17 Fall Trial College November 29, 2012 21 Firearms Familiarization October 18, 2012 32 Flex Schedule Overview November 6, 2012 37 Forensic DNA Evidence March 28, 2013 36 Gideon V. Wainwright March 20, 2013 95 July 1, 2012-June 30, 2013 82 Immigration Consequences of Conviction - Part 1 May 10, 2013 25 Immigration Consequences of Conviction - Part 2 May 24, 2013 11 Interstate Compact May 17, 2013 37 Interview Tips and Techniques October 24, 2012 27 IRIS - Adding Other Case People July 24, 2012 7 November 13, 2012 4 July 1, 2012-June 30, 2013 77 IRIS - Case Management & Conflicts Checks October 22, 2012 5 IRIS - Records Management - Case Initiation April 2, 2013 1 IRIS - Records Management - Updating and Closing April 8, 2013 1 July 1, 2012-June 30, 2013 9 November 14, 2012 3 Title Of Conference/Training Advocacy's Hidden Risk APDA CHS, CEP and RTC Creating Forms in Word 2007 iCIS View Only for Public Defenders IRIS - Case Initiation IRIS - Case Management IRIS - Time Sheets IRIS - Updating and Closing Cases 4 Date(s) Annual Report | 2012-2013 Training Events Summary Jail Visitation Overview March 12, 2013 # of attendees 40 Justice Court Training August 24, 2012 12 Life Care Planning August 10, 2012 22 Making Sense of Medical Records February 20, 2013 29 Microsoft Office 2007 Word February 27, 2013 1 Microsoft Office 2007 Word & Outlook March 20, 2013 1 Mitigation 101 July 13, 2012 25 Mitigation: Improving Your Skills July 13, 2012 14 New Attorney Training #1: Intro To Criminal Defense August 13, 2012- May 3, 2013 48 New Attorney Training #2: Pretrial Practice October 9, 2012-June 7, 2013 46 New Attorney Training #3: Trial Skills July 24, 2012-May 23,2013 42 March 26, 2013 11 July 1, 2012-June 30, 2013 78 Nuts And Bolts: Veterans Stand Down March 5, 2013 59 Offender Screening Tool (OST) October 5, 2012 37 Plotter Presentation January 15, 2013 13 July 31, 2012 22 Public Defender New Employee Orientation July 1, 2012-December 6, 2012 30 Public Defender New Employee Training December 10, 2012-June 10, 2013 October 23, 2012 45 SCT: Courtroom Computer System Demo September 27, 2012 12 Search and Seizure November 2, 2012 45 Spring Professionalism Course March 22, 2013 33 Spring Trial College 2013 March 14, 2013 25 Understanding Blood Discovery August 24, 2012 13 Webinar: Using Evidence Based Practices in Pretrial Decision Making October 26, 2012 8 Westlaw Training Ethics Database December 11, 2012 2 Work Furlough and Reach Out Programs September 6, 2012 15 Title Of Conference/Training New CRO Law / Mesa RCC New Employee Computer Training / Scanners Professionalism in the Workplace 40 Annual Report | 2012-2013 Real Colors Date(s) 5 Organizational Chart Jim Haas Public Defender Diane Terribile Administrator Susie Graham Management Analyst Jeremy Mussman Deputy Director Stephanie Conlon Training Director Training Staff New Attorneys HR Associates Vacant Legal Support Manager Oscar Lopez Central Services Supervisor David Jones Client Services Manager Derrick Reyes Administrative Services Supervisor Cathryn Whalen Attorney Manager Early Representation (RCC & EDC), PV, Justice Courts, Specialty Groups Vehicular New Attorneys Dan Lowrance Atttorney Manager Trial Groups 1 through 6, Law Clerks, Interns Appeals, Capital, and Major Fraud Managing for Results (MFR) has been in place for thirteen years. It continues to be the primary means of reporting Public Defender financial and statistical information to taxpayers and County management. MFR data reported includes projections and historical actuals for: case assignments (demand), case resolutions (output), expenses by case type (efficiency), and measures geared for demonstrating effectiveness and/or efficiency (result). As previously reported, the Office did revamp our MFR measures in 2010. The data trends resulting from the modified measures continue to be used in our ongoing efforts to monitor the quality of our representation. The ability to establish and monitor such trends proved critical in FY13. It enabled the Office to identify a dramatic increase in non-capital felony case demand along with a reduction in resolutions. As a result, we were able to justify a request for ten additional attorney positions. Along with MFR, the Public Defender also uses a fifteen criteria case-weighting system. This additional system has been in use since FY10. Reports generated from this system provide department-wide and individual attorney reports to Office management and supervisors. These figures, used in conjunction with the supervisors’ moredetailed understanding of their attorney’s cases, help ensure workloads are not excessive for 6 Annual Report | 2012-2013 Managing for Results, Statistics and Budgeting any particular attorney. They also help inform supervisors which attorney(s) might have the ability to take additional cases. Lastly, the Public Defender’s Office came in under budget in FY13. Although within budget, there was a continual struggle with the erratic nature of public defense representation. Throughout the fiscal year, the Office was plagued with increasing expert witness expenses and staffing issues. The dramatic demand increase referenced above created additional expert expenses. Further, higher hourly rates were increasingly requested by expert witness providers. Additional funds for expert witness expenses were requested for FY14 based on the trending increases. The Office also experienced increased turnover, coupled with salary compression issues that made it difficult to find, hire, and retain staff. Several initiatives were set in motion during the latter half of FY13 to alleviate the aforementioned staffing issues. We are hopeful that staffing/turnover levels will even out in FY14 as a result of these initiatives. Budget Abstract Annual Report | 2012-2013 ACCOUNT EXPENDITURES SALARIES & BENEFITS $31,492,648.23 GENERAL SUPPLIES $377,359.25 FUEL $11,566.83 NON-CAPITAL EQUIPMENT $57,796.11 LEGAL SERVICES $1,585,434.56 OTHER SERVICES $408,133.71 RENT & OPERATING LEASES $65,422.34 REPAIRS AND MAINTENANCE $166.05 INTERNAL SERVICE CHARGES $583,132.88 TRAVEL $35,658.58 EDUCATION $102,267.26 POSTAGE/FREIGHT/SHIPPING $40,733.27 CAPITAL EQUIPMENT $0.00 VEHICLES $0.00 DEBT SERVICES (Technology Financing) $0.00 TOTAL EXPENDITURES $34,760,319.07 APPROPRIATIONS AMOUNT GENERAL FUNDS $33,395,940.00 TRAINING SPECIAL REVENUE FUND $479,705.00 FILL THE GAP SPECIAL REVENUE FUND $1,827,065.00 DEA GRANT TOTAL APPROPRIATIONS $408,499.00 $36,111,209.00 7 Statistical Abstracts Cases Assigned History of Cases Assigned by Case Categories FY08-FY12 Cases Assigned1,2 Case Type Capital All other Homicide Class 2-3 Felony Class 2-3 Felony - RCC/EDC Class 2-3 Felony - Non RCC/EDC DUI DUI - RCC/EDC DUI - Non RCC/EDC Class 4-6 Felony Class 4, 5, & 6 Felony - RCC/EDC Class 4, 5, & 6 Felony - Non RCC/EDC Violation of Probation Misdemeanor Trial Division Total 3, 4 Mental Health Total Appeals (includes Capital) Plea PCR (Appeal PCR) Trial PCR (PCR) Juvenile Appeal Appeals Division Total Total of Above 1 FY09 FY10 7 160 6,352 2,835 3,517 2,331 1,659 672 16,776 13,061 3,715 15,235 3,176 44,037 3,453 371 243 70 38 722 44,759 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 3,572 467 374 133 23 997 37,866 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 3,521 380 191 75 1 647 36,617 FY12 FY13 9 151 5,322 1,996 3,326 1,521 1,006 515 13,206 9,751 3,455 13,358 2,157 35,724 0 272 175 78 0 525 36,249 15 128 4,449 1,715 2,734 1,426 958 468 13,429 10,163 3,266 13,922 2,329 35,698 0 224 168 72 0 464 36,162 Data after 2007 is updated as information available. Previous years 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. Effective FY12 the Mental Health unit was transferred to the Office of the Public Advocate Annual Report | 2012-2013 3 8 Cases Resolved History of Cases Resolved by Case Categories FY09-FY13 Cases Resolved1,2 Case Type Capital All other Homicide Class 2-3 Felony Class 2-3 Felony - RCC/EDC Class 2-3 Felony - Non RCC/EDC DUI DUI - RCC/EDC DUI - Non RCC/EDC Class 4-6 Felony Class 4, 5, & 6 Felony - RCC/EDC Class 4, 5, & 6 Felony - Non RCC/EDC Violation of Probation Misdemeanor Trial Division Total 3,4 Mental Health Appeals (includes Capital) Plea PCR Trial PCR Juvenile Appeals Appeals Division Total Total of All Above FY09 FY10 FY11 FY12 FY13 8 106 4,276 1,496 2,780 2,007 1,266 741 15,282 11,175 4,107 14,132 2,827 38,638 3,358 334 329 47 22 732 42,728 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 10 63 3,342 1,277 2,065 1,588 957 631 12,096 9,318 2,778 11,236 2,381 30,716 1,110 379 176 61 5 621 32,447 4 65 3,409 1,070 2,339 1,275 736 539 11,449 8,420 3,029 11,952 1,993 30,147 0 310 213 41 1 565 30,712 8 66 2,756 981 1,775 1,034 648 386 11,306 8,651 2,655 12,826 2,033 30,029 0 270 146 23 0 439 30,468 1 Data after 2007 is updated as information available. Previous years 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). Annual Report | 2012-2013 3 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. 4 Effective FY12 the Mental Health unit was transferred to the Office of the Public Advocate. 9