Iowa is facing a severe shortage of contract lawyers willing to represent indigent defendants, meaning the 562 lawyers still taking those cases sometimes face “grueling” caseloads.
That number is a decrease of almost 50 percent from the 1,100 lawyers who were taking court-appointed cases in 2014, according to the Iowa State Bar Association.
Iowa Supreme Court Justice Susan Christensen, in her annual Condition of the Judiciary address in January, noted “our federal and state constitutional obligation to provide indigent counsel is on the verge of snapping.”
Advertisement
Nearly everyone says defending indigent clients is a tough job and that the pay hasn’t kept pace with inflation. Hourly rates for contract lawyers now range from $68 to $78, which one lawyer noted has increased only $13 per hour since the 1980s.
Also, contract lawyers are not reimbursed for their travel time between counties, which one lawyer said totaled 50,000 miles a year.
At the same time, the number of felonies charged in Iowa remains high — 20,227 in 2022, according to Iowa State Court Administration.
In general, Iowans facing criminal charges are eligible for a public defender or court-appointed lawyer if their income is below 125 percent of the federal poverty income guideline, according to state guidelines.
Judges note they sometimes have difficulty finding lawyers for indigent clients and must call or email lawyers to find one willing to take a case.
Seventh Judicial District Judge Henry Latham, in Scott County, is among those judges making those calls or sending those emails and acknowledged the past three years have been difficult.
Newsletter Signup
Delivered to your inbox
Scott County has five contract lawyers for associate court cases, none for Class B felony cases and six lawyers for Class A felonies.
“Absolutely, it’s a crisis,” Latham said. “I’m meeting with the local bar association to encourage attorneys to sign up on the contract list. I think some will be open to it. They just want a large number of attorneys to go on the list at the same time, so they each don’t get a bunch of clients at once.”
Sixth Judicial District Chief Judge Lars Anderson pointed out that overall, there are now fewer lawyers practicing in Iowa. Many are leaving the state, and even law firms are having a tough time hiring, he said.
Another issue is that in some counties not all the available contract attorneys can handle all cases, some lawyers noted. If an indigent defendant faces serious felony charges, fewer lawyers may be available to help.
About 90 percent of those who face criminal charges in Iowa are indigent and qualify for a public defender or court-appointed lawyer, Iowa Public Defender Jeff Wright said.
Nationally, about four out of every five criminal defendants can’t afford to hire a lawyer, according to the American Civil Liberties Union.
“The problem has been coming for a long time,” Wright said. “The rural areas were hit first and now it’s widespread across the state.”
In 2021, another 10 public defenders were hired to help handle cases in Iowa’s rural counties.
Wright said Iowa’s situation isn’t as dire as some other states like Missouri, Oregon, Wisconsin and Georgia. Iowa defendants aren’t sitting in jail waiting for a lawyer and judges aren’t dismissing cases because defendants don’t have a lawyer, he said
Some of those states have been sued because defendants were not given lawyers or were put on a wait list.
“Being a contract attorney is a tough job,” said Wright, who started his career as a contract attorney. “You are consistently ‘the enemy.’ Clients get frustrated with you, victims are frustrated at defense lawyers, and judges make it difficult — they want lawyers to work it out” — find a plea or resolution.
“The people who do (this work) are committed.”
Public defenders and contract attorneys handled about 162,412 cases in Iowa last year, he said.
Black Hawk County Chief Public Defender Aaron Hawbaker agreed, saying their clients are “often addicted to some substance, coupled with mental health challenges. We are exposed to many ugly things that study after study shows can result in secondary trauma. Finding a person willing to do this job and do it well is no small task.”
In Black Hawk County, he said, the court has done some “juggling” — reaching out to lawyers to take cases and starting some diversion programs and other measures to decrease the need for defense attorneys.
That number is a decrease of almost 50 percent from the 1,100 lawyers who were taking court-appointed cases in 2014, according to the Iowa State Bar Association.
Iowa Supreme Court Justice Susan Christensen, in her annual Condition of the Judiciary address in January, noted “our federal and state constitutional obligation to provide indigent counsel is on the verge of snapping.”
Advertisement
Nearly everyone says defending indigent clients is a tough job and that the pay hasn’t kept pace with inflation. Hourly rates for contract lawyers now range from $68 to $78, which one lawyer noted has increased only $13 per hour since the 1980s.
Also, contract lawyers are not reimbursed for their travel time between counties, which one lawyer said totaled 50,000 miles a year.
At the same time, the number of felonies charged in Iowa remains high — 20,227 in 2022, according to Iowa State Court Administration.
In general, Iowans facing criminal charges are eligible for a public defender or court-appointed lawyer if their income is below 125 percent of the federal poverty income guideline, according to state guidelines.
Judges cope
Judges note they sometimes have difficulty finding lawyers for indigent clients and must call or email lawyers to find one willing to take a case.
Seventh Judicial District Judge Henry Latham, in Scott County, is among those judges making those calls or sending those emails and acknowledged the past three years have been difficult.
Crime and Courts Newsletter Signup
Newsletter Signup
Scott County has five contract lawyers for associate court cases, none for Class B felony cases and six lawyers for Class A felonies.
“Absolutely, it’s a crisis,” Latham said. “I’m meeting with the local bar association to encourage attorneys to sign up on the contract list. I think some will be open to it. They just want a large number of attorneys to go on the list at the same time, so they each don’t get a bunch of clients at once.”
Sixth Judicial District Chief Judge Lars Anderson pointed out that overall, there are now fewer lawyers practicing in Iowa. Many are leaving the state, and even law firms are having a tough time hiring, he said.
Another issue is that in some counties not all the available contract attorneys can handle all cases, some lawyers noted. If an indigent defendant faces serious felony charges, fewer lawyers may be available to help.
Looming problem
About 90 percent of those who face criminal charges in Iowa are indigent and qualify for a public defender or court-appointed lawyer, Iowa Public Defender Jeff Wright said.
Nationally, about four out of every five criminal defendants can’t afford to hire a lawyer, according to the American Civil Liberties Union.
“The problem has been coming for a long time,” Wright said. “The rural areas were hit first and now it’s widespread across the state.”
In 2021, another 10 public defenders were hired to help handle cases in Iowa’s rural counties.
Wright said Iowa’s situation isn’t as dire as some other states like Missouri, Oregon, Wisconsin and Georgia. Iowa defendants aren’t sitting in jail waiting for a lawyer and judges aren’t dismissing cases because defendants don’t have a lawyer, he said
Some of those states have been sued because defendants were not given lawyers or were put on a wait list.
“Being a contract attorney is a tough job,” said Wright, who started his career as a contract attorney. “You are consistently ‘the enemy.’ Clients get frustrated with you, victims are frustrated at defense lawyers, and judges make it difficult — they want lawyers to work it out” — find a plea or resolution.
“The people who do (this work) are committed.”
Public defenders and contract attorneys handled about 162,412 cases in Iowa last year, he said.
Black Hawk County Chief Public Defender Aaron Hawbaker agreed, saying their clients are “often addicted to some substance, coupled with mental health challenges. We are exposed to many ugly things that study after study shows can result in secondary trauma. Finding a person willing to do this job and do it well is no small task.”
In Black Hawk County, he said, the court has done some “juggling” — reaching out to lawyers to take cases and starting some diversion programs and other measures to decrease the need for defense attorneys.
Lack of contract attorneys in Iowa ‘a crisis’
Iowa is facing a severe shortage of contract lawyers willing to represent indigent defendants, meaning the 562 lawyers still taking those cases sometimes face “grueling” caseloads. That number is almost a 50 percent decrease since 2014.
www.thegazette.com