Annual Report
Maricopa County Office of the Public Defender

2013-2014
MARICOPA COUNTY OFFICE OF THE PUBLIC DEFENDER
620 W. Jackson Street, Suite 4015, Phoenix, AZ 85003
(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. Our
goals are:





Annual Report | 2013-2014




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
In addition to pursuing the numerous evidence-based initiatives referenced in last year’s Report, in
the past fiscal year the MCPD has focused a number of efforts on reducing costs by using in-house
resources. To this end, we (1) created a position-specific training program to increase the pool of
qualified mitigation specialists that can be hired by the staffed offices; (2) conducted an analysis of
our paralegal program to enhance support services and improve staffing efforts; (3) expanded use of
paralegals through a series of hands-on training sessions focused on optimizing their talents; and (4)
initiated a project for reducing our reliance on computer forensic experts and associated costs.
We also took a number of steps to address our responsibilities with immigration-related issues.
Although the Office of the Public Defender trains all new attorneys regarding the immigration
consequences of criminal convictions, the complexity and constantly changing nature of immigration
law make it very difficult for criminal defense attorneys to provide up-to-date, accurate advice
regarding this area of law, described as a "labyrinth," "second only to the Internal Revenue Code in
complexity." Castro-O'Ryan v. U.S. Dep't of Immigration & Naturalization, 847 F.2d 1307, 1312 (9th
Cir. 1987). In the past, an immigration consultant was available to defenders of the indigent
throughout the State of Arizona to assist them in providing advice regarding the immigration
consequences of criminal convictions. Since the elimination of that position, the Office of the Public
Defender has made efforts to fill this void. During this fiscal year, the Office of the Public Defender
sent an attorney supervisor with knowledge and experience related to immigration consequences of
criminal convictions to a "Train the Immigration Trainer" seminar where the supervisor joined
immigration point people from public defender offices throughout the country and learned about
model criminal-immigration programs. The supervisor conducted trainings targeted to attorneys'
specific area of criminal practice, including RCC, EDC, and trial group practice. The supervisor also
developed an "Immigration Web Portal" available to the entire office with current information
regarding the immigration consequences of criminal convictions.

Annual Report | 2013-2014

Finally, we continued to hone evidence-based initiatives in Maricopa County’s Problem Solving
Courts. The Specialty Court Group worked with the Judiciary and Probation Department to target
the right behaviors and give appropriate incentives and sanctions to higher risk probationers. In
Drug Court there was a complete overhaul in their approach to high, medium and low sanctions.
Similar modifications occurred in the Juvenile Transfer Offender Program as well as Domestic
Violence Court.

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 further State and County budget issues, as well as a decrease in PDTF funding,
MCPD continued to operate with several fiscal constraints. We used limited funds for both out-ofstate travel and in-state training. Our conservative approach resulted in a training reserve of
$228,583 at the end of the fiscal year, which helps us start the new year on a strong footing.
Training new public defender attorneys from around the state remains a high priority. During the
first year of employment, attorneys attend New Attorney Training, a three part course, including
Introduction to Criminal Defense, Pretrial Practice, and Trial Skills. First year attorneys also attend the
State Bar Professionalism Course.
We also train attorneys who have two to three years of experience by providing two courses that
develop trial advocacy techniques: Spring and Fall Trial Colleges.
Spring Trial College is a two-day course that focuses on cross-examination, witness control, evidence,
objections, impeachment, and motive and bias. We continued the money saving practice of using
attorneys within the office to present short lectures and act as mentors. The participants met in
small groups to apply the techniques learned. They cross examined, controlled, impeached, and
showed motive and bias of witnesses. The witnesses were played by paid actors. Participants
received feedback from mentor attorneys from our office, other indigent defense offices, and private
practice.
Fall Trial College is a two-day course that focuses on Developing a Theme and Theory, Opening
Statement, Jury Selection, and Closing Argument. It is taught by nationally known speaker Ira
Mickenberg. Participants meet in small groups, bring a case of their own, and develop a theme
through which to tell their clients' story of innocence in opening statement. They practice asking voir
dire questions to expose jurors least open to believing their clients' innocence. Attorneys practice
tying in the evidence and applicable law to support a legal theory of innocence in closing argument.

Annual Report | 2013-2014

This year, we added two new multi-day courses to our curriculum: Sex Crimes College and Capital
Mitigation Training.
Sex Crimes College is a fifteen-hour course for attorneys with at least a year of experience. Topics
include understanding and protecting clients accused of sex crimes, explaining the elements and
defenses to different types of sex crimes, practicing pretrial litigation, preparation for trial,
conducting the trial, preparing for sentencing, making effective arguments concerning sex offender
probation and registration, and understanding the collateral consequences faced by clients after a
sex crime conviction. This course was taught by three experienced trial group supervisors from our
office.
Capital Mitigation Training is a two-day course focused on the nuts and bolts of capital mitigation
practice, as well as the practical application of capital mitigation theory. We brought in Lori JamesTownes, Chair of the National Alliance of Sentencing Advocates and Mitigation Specialists, as our

3

keynote speaker. The course was attended by current mitigation specialists and possible future
mitigation specialists, including students of Social Work and Psychology.
We supplement this training with the Arizona Public Defender Association (APDA) Annual
Conference (which the MCPD 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 trainings
on capital appeals and post conviction relief 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.

Training Events Summary

Adobe Professional Hands-On Class
ADP Timecard Training for Supervisors
Advanced Issues in Defending Employment Identity Theft Cases
Aggressive Defense of the Accused Impaired Driver 2014
APDA 12th Annual Conference
Arizona Secretary of State Notary Refresher
Arizona Veterans Stand Down
Arizona Veterans Stand Down (Make-Up Training)
Automatic Call Distribution Training
Benefits Overview
Capital Defense Webinar - Persuading Jurors that Mitigation Matters
Capital Direct Appeals and PCR Training
Capital Mitigation Training
Cold Expert Rebuttal Tools (Cert)
Criminal E-Filing Training
Death Penalty Conference
Defending the Guilty Except Insane Case
Deferred Compensation
Deferred Compensation Plan
Demonstration and Explanation of Ignition Interlock Device
DSM V Training
Dsm-5: Comparison And Implications For Addiction Professionals
Early Release For Non-Violent Offenders
Early Release For Non-Violent Offenders
Efiling In The Court Of Appeals With Bookmarks & Hyperlinks
Ethics As Applied To The High Volume Courts
Ethics As Applied To The High Volume Courts
Expanding Treatment: Affordable Care Act Can Impact Criminal Justice
Fall Trial College
GC-Fid Blood Testing For Alcohol
Guilty Except Insane for New Attorneys
I Have an iPhone 5.... What Happens Now
ICIS View Only for Public Defenders
Immigration Consequences
Immigration Consequences
Interstate Compact

4

DATE(S)

# OF
ATTENDEES

October 30, 2013
July 17, 2013
December 6, 2013
May 16, 2014
June 25-27, 2014
April 1, 2014
February 7, 2014
February 12, 2014
June 11, 2014 - June 20, 2014
April 15, 2014 - April 24, 2014
July 16, 2013
October 3, 2013
April 14-15, 2014
January 17, 2014
December 26, 2013
December 11-13, 2013
August 23, 2013
January 24, 2014
April 9, 2014
March 28, 2014
February 21, 2014
July 31, 2013
October 1, 2013
October 25, 2013
September 25, 2013
June 4, 2014
June 12, 2014
July 29, 2013
November 21, 2013
June 13, 2014
February 11, 2014
October 23, 2013
July 11, 2013 - August 7, 2013
May 8, 2014
May 20, 2014
March 20, 2014

10
19
20
19
330
10
55
11
89
101
18
51
72
36
4
269
43
7
9
28
30
0
10
32
26
27
9
12
31
20
8
22
11
6
8
9

Annual Report | 2013-2014

TITLE OF CONFERENCE/ TRAINING

DATE(S)

# OF
ATTENDEES

Interstate Compact
Interview Techniques Part 1: Interviewing Witnesses, Victims and Civilians
Interview Techniques Part 2: Interviewing Police
Introduction Into JustWare for Attorneys
Introduction Into JustWare for Records Staff
Introduction Into JustWare for Staff
iPhone Recording, Editing and Transcribing
IRIS - Adding Other Case People
IRIS - Case Management
IRIS - Time Sheets
IRIS Potential Conflicts Process
JTOP Overview
JustWare Hands On Class for Initial Services
JustWare Hands On Classes for Attorneys, Paralegals & Mitigation
Specialists
JustWare Hands On Classes Overview
JustWare Hands On Closing Cases
JustWare Hands On Conflicts Checks for Investigators
JustWare Hands On Opening and Closing Cases
JustWare: Hands On Classes Opening and Closing Cases Refresher
JustWare: Time Tracking (Capital Attorneys)
JustWare: Time Tracking (Capital Mitigation Specialists)
JustWare: Time Tracking (Capital Paralegals)
Mexican Independence Day Diversity Event
New Attorney Training #1: Intro to Criminal Defense
New Attorney Training #2: Pretrial Practice
New Attorney Training #3: Trial Skills
New Employee Computer Training / Scanners & ASRS Enrollment
Professionalism Course
Public Defender New Employee Training
Real Colors Fundamentals
Sex Crimes College Session A
Sex Crimes College Session B
Sex Crimes College Session C
Spring Trial College
Ten Ideas to Increase Productivity of Criminal Settlement Conferences
Third Annual Justice Court Training
Transitioning To WestlawNext
Victim Date of Birth Issues
Victim Date of Birth Issues
Victim's Compensation
Voir Dire
Westlaw Next Training
Workforce Development and Community Services
Workplace Violence and Personal Safety

March 21, 2014
November 7, 2013
October 22, 2013
November 4 -8, 2013
October 29, 2013 - November 7, 2013
October 29, 2013 - November 1, 2013
January 16, 2014
August 27, 2013
July 10, 2013 - August 6, 2013
September 3, 2013
September 10, 2013
December 3, 2013 - March 17, 2014
December 4, 2013
February 12, 2014 - March 11, 2014

10
23
25
169
45
133
16
1
11
1
24
23
10
47

February 26, 2014
November 14, 2013
December 3-5, 2013
November 5, 2013 - December 3, 2013
March 11-13, 2014
February 3-10, 2014
January 16, 2014
January 15, 2014
September 17, 2013
July 22, 2013 - June 9, 2014
August 27, 2013 - April 22, 2014
July 15, 2013 - May 19, 2014
July 11, 2013 - August 7, 2013
April 18, 2014
July 8, 2013 - June 10, 2014
September 24, 2013
February 28, 2014
March 7, 2014
March 14, 2014
April 3-4, 2014
April 3, 2014
August 16, 2013
July 30, 2013
April 8, 2014
April 14, 2014
November 1, 2013
November 14, 2013
May 8, 2014 - February 19, 2014
May 28, 2014
May 6, 2014

9
8
28
26
37
11
9
7
0
55
38
41
11
37
47
21
43
43
31
38
33
24
8
18
8
19
32
36
11
21

Annual Report | 2013-2014

TITLE OF CONFERENCE/ TRAINING

5

Organizational Chart

Managing for Results, Statistics and Budgeting

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’ more-detailed understanding of their attorneys’
cases, help ensure workloads are not excessive for any particular attorney. They also help inform
supervisors which attorneys might have the ability to take additional cases.
Lastly, the Public Defender’s Office came in under budget in FY14 despite several financial set-backs.
Increasing expert witness fees referenced in last year’s report continued to impact the Office despite
the fact that an increase in funding was received for such expenses. In addition to expert witness
fees, there was an unanticipated need related to the receipt of electronic discovery. The County

6

Annual Report | 2013-2014

Managing for Results (MFR) 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). In FY14, the
Public Defender’s office converted to New Dawn’s JustWare Defender
case management system. The new system replaced the Indigent
Representation Information System (IRIS), which was running on an
outdated platform and had become structurally unstable. Reports
generated from JustWare now enable the department to provide
quality control checks during the statistical compilation process, thus resulting in cleaner and more
reliable data reporting.

Annual Report | 2013-2014

Attorney’s Office determined that they would provide case-related documents and media (i.e.,
discovery) to defense attorneys electronically. This change in process created a need for additional
staff, equipment, and supplies to print, sort, and deliver the electronic documents within
compressed timeframes to ensure timely and effective legal representation. We are hopeful that
budget issues will stabilize in FY15 and the office will be able to remain within established budget
appropriations.

7

Budget Abstract
ACCOUNT

EXPENDITURES

SALARIES & BENEFITS

$35,724,852.85

GENERAL SUPPLIES

$405,336.53

FUEL

$10,892.98

NON-CAPITAL EQUIPMENT

$6,094.00

LEGAL SERVICES

$1,614,945.74

OTHER SERVICES

$458,519.57

RENT & OPERATING LEASES

$80,530.77

REPAIRS AND MAINTENANCE

$119,398.33

INTERNAL SERVICE CHARGES

$661,575.07

TRAVEL

$49,897.04

EDUCATION

$103,793.64

POSTAGE/FREIGHT/SHIPPING

$39,977.80

CAPITAL EQUIPMENT

$0.00

VEHICLES

$0.00

DEBT SERVICES (Technology Financing)

$0.00

TOTAL EXPENDITURES

$39,275,814.32

APPROPRIATIONS

AMOUNT

GENERAL FUNDS

$37,560,850.00

TRAINING SPECIAL REVENUE FUND

$550,697.00

FILL THE GAP SPECIAL REVENUE FUND

$1,564,045.00

DEA GRANT

$39,978,829.00

Annual Report | 2013-2014

TOTAL APPROPRIATIONS

$303,237.00

8

Statistical Abstracts
Cases Assigned
History of Cases Assigned by Case Categories
FY10-FY14 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
Mental Health Total
Appeals (includes Capital)
Plea PCR (Appeal PCR)
Trial PCR (PCR)
Juvenile Appeal
Appeals Division Total
Total of Above
1

2

FY11

FY12

FY13

FY14

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

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

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

9
125
4,177
1,659
2,518
1,328
893
435
13,650
10,044
3,606
14,000
2,261
35,550
0
301
135
59
0
495
36,045

Data after 2007 is updated as information available. Previous year’s data may not match older
reports.
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 | 2013-2014

3

FY10

9

Cases Resolved

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

10

FY10

FY11

FY12

FY13

FY14

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

5
85
2,633
720
1,913
1,004
503
501
10,562
7,184
3,378
12,894
1,924
29,107
0
225
161
34
0
420
29,527

1

Data after 2007 is updated as information available. Previous year’s 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).

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.

Annual Report | 2013-2014

History of Cases Resolved by Case Categories
FY10-FY14 Cases Resolved1,2