New Hampshire council recommends $37M budget for public defender amid rising cases

During a recent meeting of the New Hampshire Senate Finance Committee, a critical discussion centered on the funding for the state's public defender system, which plays a vital role in providing legal representation for indigent defendants. The council overseeing indigent defense highlighted the urgent need for increased funding to ensure that public defenders can effectively manage their caseloads and maintain quality representation.

The governor's initial budget proposal mistakenly allocated $27 million for the public defender, falling short of the intended $28.8 million. Fortunately, the House restored the necessary funds, but the council is advocating for a further increase to $32.6 million per year for the next biennium. This additional funding is deemed essential as the demand for public defense services has surged, particularly since the pandemic, leading to an increased number of cases and treatment courts.

Currently, many public defender offices are operating above their maximum case load limits, which has resulted in some offices being unable to accept new cases. This situation forces the state to seek alternative counsel, often at a significantly higher cost. For instance, it costs approximately $900,000 for the public defender to handle cases in Littleton, while using assigned private counsel could exceed $3 million for the same number of cases.

The council's review of the budget also indicated a need to hire more attorneys to manage caseloads effectively and to align entry-level salaries with those of county prosecutors. They recommended a budget of $37 million to meet these needs, although the proposed $32.6 million would help avoid layoffs and maintain current staffing levels.

The discussions underscored the importance of adequate funding for the public defender system, not only to fulfill the state's constitutional obligation to provide legal representation but also to ensure that the system remains cost-effective. The committee's decisions in the coming weeks will be crucial in shaping the future of indigent defense in New Hampshire, impacting countless residents who rely on these essential legal services.