Montco will seek to hire 15 new public defenders to address a longstanding staffing shortage
The decision was made in response to recent research showing that many jurisdictions across the state are woefully understaffed in public defenders' offices.
Montgomery County will seek to hire 15 new public defenders in the coming months, the largest infusion of lawyers into that office in recent memory, officials said.
The decision was approved by the county commissioners at a salary board meeting in Norristown on Thursday. And it was made in response to recent research showing that many jurisdictions across the state — including Montgomery County — are so understaffed in public defenders’ offices that they risk depriving citizens of their Constitutional right to an effective attorney.
The county’s chief defender, Christine P. Lora, described the investment as a “monumental move” in trying to fix a long-standing shortage of public defenders in the county. The office currently employs about 50 attorneys, she said, and the new positions will allow her to add lawyers to units including adult criminal divisions and juvenile services.
“Thank you for prioritizing justice,” she told the commissioners, who unanimously approved the proposal. Funding was also earmarked for four non-attorney positions, including a law clerk, social worker, and two support staffers.
“Across the board … we all realize the need” for additional staffing, said Commissioner Neil Makhija. After the meeting, he added: “This is the most substantial investment in our public defender’s office since its creation.”
The initiative is the latest development in an ongoing debate over indigent defense in the state. Earlier this year, the American Civil Liberties Union of Pennsylvania sued state lawmakers over what it said was an unlawful shortage of public defenders in counties statewide.
Weeks before that, Paul Heaton, a University of Pennsylvania law professor, released a study that reached a similar conclusion, finding that just six of the state’s 66 public defenders’ offices employed enough lawyers to adequately cover a typical annual caseload.
Montgomery County was one of the jurisdictions short of its ideal staffing target, according to that study. Bucks and Delaware Counties also had notable staffing shortages, the report said, although many counties with the most severe shortfalls were in the central and northern part of the state.
Speaking at Thursday’s meeting, Heaton said Montgomery County’s decision to approve a staff infusion was “historic” and a “very significant step to close the gap.” Beyond being better positioned to uphold a key Constitutional mandate, Heaton said, research shows that more robust public defense can also reduce taxpayer spending on unnecessary or excessive incarceration.
Pennsylvania leaves the vast majority of responsibility for indigent defense up to individual counties. Nearly all of the funding for local offices is provided by county boards; last year, when state lawmakers for the first time allocated $7.5 million for indigent defense, it made Pennsylvania the second-to-last state in the nation to provide some form of statewide money to public defenders.
Gov. Josh Shapiro had sought to raise that allocation to $10 million in this fiscal year, but the final $47 billion budget that was passed last month left the funding flat, at $7.5 million.
The ACLU, in its lawsuit, said the state’s current allocation was insufficient. In 2020, it found, Pennsylvania counties combined to spend about $125 million on indigent defense.
And even that tally left the state woefully underfunded on a per capita basis when compared to other states, the suit said. Michigan, for example, has a similar population base and mix of urban, suburban, and rural counties. But last year, that state spent nearly $320 million on public defense, more than double Pennsylvania’s rate when adjusting for population.
Lora, Montgomery County’s chief defender, said she was appreciative that local leaders were receptive to discussions about expanding her staff and seeking to resolve an issue she viewed as undeniable.
“This is really important for the county,” she said.
She hopes that all of the newly funded positions will be filled within a year.