Annual Report

Maricopa County Office of the Public Defender

2015-2016
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 | 2015-2016

•
•

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 past year, the MCPD took a number of steps to improve the ability of our Trial Division to
handle the increasing complexity of criminal cases in an effective and efficient manner. In addition
to expanding our Training Program (discussed infra), we added 6 Mentor Supervisor positions to
assist Attorney Supervisors with direct supervision and mentoring of newer attorneys and provide
additional mentoring to prepare intermediate attorneys for more serious caseloads at an
accelerated rate. As a result, we were able to significantly increase the number of serious cases
being handled by our office.

Annual Report | 2015-2016

Our Early Representation Unit also initiated a number of improvements. In an effort to manage the
increase in Justice Court representation and to ensure high quality representation in Justice Court
practice, the Office reorganized to create a Justice Court Unit and added a Justice Court Attorney
Supervisor. The lawyers who practice in the Justice Courts throughout the County now report to one
supervisor who comes to the position with 12 years of experience in the Office and an expertise in
DUI cases, which are the majority of the cases handled by our office in the Justice Courts. In
addition, the Mesa RCC/EDC Unit began a pilot project with the implementation of a Client Intake
Form. With the assistance of support staff, clients receive an intake sheet to complete at their first
appearance in the Mesa RCC/EDC. The completed form is given to the assigned attorney and
maintained in the client’s file. The Client Intake Form was created by a team of lawyers and support
staff. The team included Mitigation Specialists and attorneys with expertise in Criminal Mental
Health issues and Immigration issues. The goal is to engage clients who have significant wait times in
the high volume courts while providing counsel with valuable information about the clients’ current
employment, family connections, immigration status, medical history, mental health history and
other information potentially relevant to their criminal defense. If our clients and lawyers find the
form useful we will expand the use to the other high volume courts throughout the Office and offer
the form to the other indigent defense offices.

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 that impact PDTF funding, MCPD continues
to operate with fiscal constraints. We used limited funds for both out-of-state travel and in-state
training. Our conservative approach resulted in a training reserve of $175,011 at the end of the fiscal
year.
Most of our courses are taught by experienced MCPD employees. This practice saves money on
speaker’s fees and develops a faculty of our own experts, which increases our office’s reputation for
leadership in education. Most of our seminars are paperless, and our digital course materials,
complete with hyperlinks to WestlawNext, are available on the Public Defender Homepage.
During the first year of employment, attorneys and many paralegals attend three week-long courses.
Introduction to Criminal Defense covers the basics of criminal defense practice, including all that
attorneys need to know in order to correctly advise and advocate for clients. Pretrial Practice focuses
on improving motion practice in order to achieve a favorable settlement or work up the case for trial.
Trial Skills takes a hypothetical case to trial to give attorneys a chance to learn and apply basic trial
advocacy skills. First year attorneys also attend the State Bar Professionalism Course, which we offer
every spring.
We provide specialized training for experienced attorneys by offering several different week-long
courses. In Advanced Trial Advocacy, attorneys attend short presentations and meet in small groups
to practice all parts of a criminal trial with jurors and witnesses played by paid actors; topics include
jury selection, opening statement, evidence and objections, cross-examination, closing argument,
and preserving the record for appeal. Sex Crimes Defense helps attorneys understand the elements
and defenses to different types of sex crimes, practice pretrial litigation, conduct the trial, advocate
at sentencing, make effective arguments concerning sex offender probation and registration, and
understand the collateral consequences faced by clients after a sex crime conviction. In Homicide
Defense, attorneys learn about homicide charges, sentencing ranges, and defenses, pretrial litigation
and plea proposals, forensic evidence, and dealing with the media in high-profile cases.

Annual Report | 2015-2016

We provide ongoing training on technology, including our case management system JustWare and
trial presentation software Trial Director and CaseMap. We brought in our Westlaw representative
to teach a five part course on WestlawNext. We supplemented this course with hands-on research
projects in which law clerks guided students through application of the research tools.
With the Arizona Public Defender Association (APDA), we co-sponsored the APDA Annual
Conference, attended by over 1200 defense attorneys and staff from across the state. At the
preconference, we offered intensive courses on Crimmigration, Motivational Interviewing, Social
Media Investigation, and Constitutional Capital Jury Selection. At the main conference, we ran an
average of ten course offerings at a time for three full days. Our keynote speaker, Dean Strang,
known his defense work in the film Making a Murderer, discussed police and prosecutor misconduct
and the effect of the media on criminal cases.

3

We continue our partnership with the Federal Defender's Capital Habeas Division to offer trainings
specifically dealing with capital punishment. The Annual Death Penalty Conference was attended by
280 attorneys and staff. It included keynote speaker Jonathan Rapping from Gideon’s Promise, who
discussed challenging today’s criminal justice narrative and reviving the hero image of the public
defender.
We began our own Supervisor Series training, tailored for and attended by all supervisors from every
department in our office. Specialists from various Maricopa County departments taught courses on
Performance Management; Harassment, Discrimination, and Retaliation; ADA and FMLA; and Hiring
and Recruiting.
We supplement this training with monthly new employee training, lunchtime lectures, employee
benefits and wellness, and publication of our newsletter for The Defense.
In summary, the Public Defender Training Fund remains a cost-effective and dynamic tool for
training public defenders and staff.

TITLE OF CONFERENCE/TRAINING

4

DATE(S)

# OF ATTENDEES

Exploring The Way You're Wired

07/07/15

31

Public Defender New Employee Training

07/08/15

16

New Attorney Training #1: Intro to Criminal Defense

07/13/15

29

Interstate Compact

08/07/15

16

Mail Merge For Word 2010

08/12/15

6

Justice Court Training

08/14/15

10

New Attorney Training #2: Pretrial Practice

08/17/15

29

Mail Merge for Word 2010

08/26/15

6

CaseMap Refresher

08/31/15

15

CaseMap Refresher

09/01/15

19

CaseMap Fast Track

09/02/15

6

New Attorney Training #3: Trial Skills

09/14/15

29

Public Defender New Employee Training

09/16/15

8

Managing Employees' Timecard

09/23/15

22

Public Defender New Employee Training

10/14/15

5

New Attorney Training #1: Intro To Criminal Defense

10/19/15

10

Fitness Facility Tour

10/20/15

8

Nationwide Deferred Compensation

10/27/15

6

Westlaw Next Training

10/27/15

5

Westlaw Next Training

10/27/15

6

Public Defender Supervisor Series

10/29/15

38

Technology for Trial: Own That Courtroom

10/30/15

22

Bookmarking & Hyperlinking for Paralegals

11/03/15

10

Technology for Trial: Own That Courtroom

11/05/15

12

Annual Report | 2015-2016

Training Events Summary

TITLE OF CONFERENCE/TRAINING

DATE(S)

# OF ATTENDEES

Technology for Trial: Own That Courtroom

11/09/15

13

Westlaw Next Paralegal Training

11/09/15

14

Public Speaking

11/10/15

7

Adding Experts in JustWare

11/17/15

11

Public Speaking

11/17/15

6

Adding Experts in JustWare

11/18/15

11

Westlaw Next Legal Research & Writing Paralegal Training

11/18/15

13

Public Defender Supervisor Series: FMLA, ADA, Hiring and Recruiting, Fair Labor

11/19/15

34

Interstate Compact

11/20/15

12

Adding Experts in Justware

11/24/15

14

Healthy Holidays. Healthy You. Healthy Weight. Nutrition

11/24/15

13

Death Penalty Conference

12/02/15

150

Discovery in Early Representation Courts

12/04/15

12

JustWare: Adding Alerts

12/09/15

28

Public Defender New Employee Training

12/09/15

5

Alpha Program

12/15/15

11

Maintaining Healthy Habits at Work, Avoiding Workplace Overeating, Nutrition

12/15/15

16

Public Defender New Employee Orientation

12/23/15

6

Sex Crimes College

01/06/16

85

New Attorney Training #1: Intro to Criminal Defense

01/11/16

18

Check Welfare Stops After Rodriguez v. United States

01/14/16

44

Learning How To Use My iPhone

01/19/16

8

Arizona Veterans Stand Down Volunteer Session

01/22/16

36

Public Defender New Employee Training

02/03/16

2

Using Maps For Capital Mitigation

02/04/16

24

New Attorney Training #2: Pretrial Practice

02/08/16

24

02/24/16

6

DUI Defense

02/26/16

25

Adding Experts in JustWare

03/01/16

12

Advanced Trial College

03/01/16

29

Adding Experts in JustWare

03/02/16

11

Adding Experts in JustWare

03/03/16

14

Writing Evaluations

03/04/16

40

Take Your Closing Arguments to a New Level Dialogue Technique

03/11/16

26

New Attorney Training #3: Trial Skills

03/14/16

25

Public Defender New Employee Training

03/16/16

3

Bookmarking/Hyperlinking for Paralegals

03/23/16

8

Public Speaking

03/23/16

6

Clear for Investigators

03/29/16

10

Clear for Investigators

03/29/16

4

Clear for Investigators

03/29/16

11

Annual Report | 2015-2016

CaseMap Fast Track

5

TITLE OF CONFERENCE/TRAINING

DATE(S)

# OF ATTENDEES

Public Speaking

03/30/16

4

Cyber Security Awareness

04/06/16

129

Immigration Update for Justice Courts

04/07/16

11

Cyber Security Awareness

04/11/16

86

Benefits Enrollment

04/12/16

10

Public Defender New Employee Training

04/12/16

10

Westlaw Next Refresher

04/12/16

18

Cyber Security Awareness

04/13/16

98

Benefits Enrollment

04/15/16

6

Cyber Security Awareness

04/15/16

74

New Attorney Training #1: Intro to Criminal Defense

04/18/16

12

Cyber Security Awareness

04/19/16

28

Benefits Enrollment

04/20/16

18

DUI Defense

04/22/16

11

Benefits Enrollment

05/03/16

22

Trial Director Training

05/03/16

6

Trial Director Training

05/03/16

9

Homicide Defense Seminar

05/04/16

91

Trial Director Training

05/04/16

8

Trial Director Training

05/04/16

8

Trial Director Training

05/05/16

7

05/05/16

8

Drug Courts Overview for EDC/RCC

05/06/16

13

Drug Courts Overview for EDC/RCC

05/10/16

30

Public Defender New Employee Training

05/10/16

8

New Attorney Training #2: Pretrial Practice

05/23/16

11

ACLU Capital Punishment Project Presents Making The Team Work

06/01/16

26

Workplace Ergonomics

06/14/16

9

Trial Director Training

06/15/16

7

Workplace Ergonomics

06/15/16

11

New Attorney Training #3: Trial Skills

06/27/16

7

Annual Report | 2015-2016

Trial Director Training

6

Organizational Chart

Managing for Results, Statistics and Budgeting

Annual Report | 2015-2016

The Public Defender’s Office came in under budget in FY16. New staff
were added to the non-capital felony unit during FY16 to allow the Office
to assume representation for additional cases that otherwise would have
been sent out to other department(s). Furthermore, the administrative
unit of The Office was restructured and additional positions were added
to the Human Resource area. In addition to the new staff, a market
compression analysis was conducted on the Justice System Clerk market
ranges to try to positively impact retention and hiring. Much-needed
salary adjustments were subsequently provided to those employees paid
most disproportionately to their experience. The Office received no additional funding for the
staffing increases and salary adjustments during FY16. However, the new positions and salary rates
were included in the request, and have been funded, for the full FY17 budget year.

7

Budget Abstract
EXPENDITURES

SALARIES & BENEFITS
GENERAL SUPPLIES
FUEL
NON-CAPITAL EQUIPMENT
LEGAL SERVICES
OTHER SERVICES
RENT & OPERATING LEASES
REPAIRS AND MAINTENANCE
INTERNAL SERVICE CHARGES
TRAVEL
EDUCATION
POSTAGE/FREIGHT/SHIPPING
CAPITAL EQUIPMENT
VEHICLES
DEBT SERVICES (Technology Financing)
TOTAL EXPENDITURES

$37,761,519.93
$479,824.98
$7,458.99
$79,923.34
$1,614,764.46
$289,339.58
$103,747.24
$191,466.36
$800,537.20
$50,365.57
$135,633.28
$38,417.12
$232,857.57
$40,321.59
$0.00
$41,826,177.21

APPROPRIATIONS

AMOUNT

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

$40,490,466.00
$516,130.00
$1,011,395.00
$237,289.00
$42,255,280.00

Annual Report | 2015-2016

ACCOUNT

8

Statistical Abstracts
Cases Assigned

History of Cases Assigned by Case Categories
FY12-FY16 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
Appeals (includes Capital)
Plea PCR (Appeal PCR)
Trial PCR (PCR)
Juvenile Appeal
Appeals Division Total
Sexually Violent Persons Total
Total of Above
1

FY13
15
128
4,449
1,715
2,734
1,426
958
468
13,429
10,163
3,266
13,922
2,329
35,698
224
168
72
0
464
0
36,162

FY14
9
125
4,177
1,659
2,518
1,328
893
435
13,650
10,044
3,606
14,000
2,261
35,550
301
135
59
0
495
0
36,045

FY15
17
120
3,938
1,386
2,552
1,264
847
417
13,502
10,064
3,438
14,947
2,095
35,883
253
8
21
0
282
0
36,165

FY16
15
157
4,291
1,478
2,813
1,119
745
374
13,642
10,526
3,116
15,360
1,892
36,476
237
1
5
0
243
11
36,730

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.

Annual Report | 2015-2016

2

FY12
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
272
175
78
0
525
0
36,249

9

Cases Resolved

History of Cases Resolved by Case Categories
FY12-FY16 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
Appeals (includes Capital)
Plea PCR
Trial PCR
Juvenile Appeals
Appeals Division Total
Total of All Above
1

FY13
8
66
2,756
981
1,775
1,034
648
386
11,306
8,651
2,655
12,826
2,033
30,029
270
146
23
0
439
30,468

FY14
5
85
2,633
720
1,913
1,004
503
501
10,562
7,184
3,378
12,894
1,924
29,107
225
161
34
0
420
29,527

FY15
7
69
2,427
797
1,630
979
543
436
10,966
7,923
3,043
13,478
1,865
29,791
236
58
19
0
313
30,104

FY16
5
60
2,334
700
1,634
843
484
359
10,082
7,378
2,704
13,974
1,603
28,901
237
17
11
0
265
29,166

Data after 2007 is updated as information available. Previous year’s data may not match older
reports.
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 | 2015-2016

2

FY12
4
65
3,409
1,070
2,339
1,275
736
539
11,449
8,420
3,029
11,952
1,993
30,147
310
213
41
1
565
30,712

10