Public Defender's Office Needed In Prince William: Senator

PRINCE WILLIAM COUNTY, VA — Prince William County, together with the cities of Manassas and Manassas Park, are the only jurisdictions in Northern Virginia without a public defender's office. Jurisdictions without a public defender's office, according to state Sen. Scott Surovell, often rely on low-paid court appointed counsel to provide representation to defendants who cannot afford an attorney.

In an effort to modernize Prince William County's and the two cities' legal systems, Surovell has pre-filed a bill for the upcoming General Assembly session to create a public defender's office for all three localities. The General Assembly, now controlled by Democrats, reconvenes on Jan. 8, 2020.

"This bill will improve access to and quality of justice for residents in Prince William County and the Cities of Manassas and Manassas Park," Surovell said in a statement. "We need to offer public defender services to fulfill the constitutional rights of Virginians in our community."

Surovell, D-36th, has represented parts of Prince William, Fairfax and Stafford Counties since 2015. Prior to his time in the Senate, Surovell served six years in the House of Delegates. If created, a public defender's office in Prince William County would be the first one created in Virginia since 2005, Surovell said.

In the House of Delegates, Del. Jennifer Carroll Foy, D-2nd, has expressed her support for the legislation and plans to introduce companion legislation in the House of Delegates. Carroll Foy represents parts of Prince William and Stafford counties.

"I am excited to partner with Sen. Surovell to move this legislation forward in the General Assembly. As the first public defender ever elected to the General Assembly, I know how important it is that our most vulnerable residents have adequate representation," Carroll Foy said in a statement. "Prince William County deserves the same services as our neighboring jurisdictions. All Virginians deserve access to justice."

Across Virginia, public defender's offices exist in more than 50 jurisdictions. But in the jurisdictions without a public defender's office, Virginia currently pays court-appointed attorneys $120 per district court misdemeanor and between $445 and $1,235 for felonies, depending on whether they are "non-serious" or punishable by more than 20 years. Virginia provides waivers from those rates at set hourly rates provided that capped funding is still available. These annual funds often run out and Virginians often cannot afford to pay the remainder of the attorney fees for their assigned counsel, according to Surovell.

In Virginia, the court-appointed counsel program is administered by the Supreme Court of Virginia. The budget for paying these attorneys comes out of the state budget. Public defenders, on the other hand, are state employees paid by Virginia. Local governments do not have authority to create them and, for fiscal reasons, would not want to solely take on the funding. Local governments often supplement the state salaries due to local cost-of-living requirements.

If Surovell's bill is approved by the Virginia General Assembly, the Prince William County board of supervisors could decide to contribute additional local funding to supplement the salaries of public defenders. In the state, though, only four public defenders' offices — Alexandria, Arlington, Charlottesville and Fairfax — currently receive local funding, the Prince William Times reported.

Research from the Harvard Kennedy School shows that the outcome of cases with public defenders versus those of assigned attorneys yields significantly better results for defendants with public defenders. Court-appointed attorneys often go through minimal training and do not receive the compensation that would create incentives for high-performance on a case. Public defenders also are more involved with the community, serving on various boards, commissions, committees, and other groups, according to the research.

The Virginia Indigent Defence Commission compiled research that shows opening a public defenders office in Prince William County is fiscally advantageous to the county's expenditures. Compared to the criminal fund payment program for court-appointed attorneys, opening a public defenders office will cost state taxpayers a little more than $200,000 netted against reduced court appointed counsel fees, according to the research.

Local leaders also offering their support for the bill. "Creating a public defenders office in Prince William County will provide access to justice for our most vulnerable residents," Prince William County Board Chair-elect Ann Wheeler said in a statement.

The incoming commonwealth's attorney for Prince William County, Amy Ashworth, also supports the proposal. "As a prosecutor and a defense attorney who has handled thousands of cases at all levels of the Prince William County Courts, I understand the importance of having a well-trained, professional litigator representing each side in a case. Bringing a public defenders office to Prince William County is a step in the right direction toward better access to justice for all 450,000-plus of my constituents," Ashworth said.