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Audit: Allegheny County public defenders overwhelmed with caseloads

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Thursday, March 20, 2025   

An audit by Allegheny County reveals most public defenders face excessive caseloads and a lack of resources, putting clients at a disadvantage.

It showed 36 of 42 trial attorneys carry caseloads above the national average.

Robert Perkins, attorney for the Allegheny Lawyers Initiative for Justice, said the state has a history of underfunding public defenders, allowing only $100,000 per county annually. But he added it is the first time the county controller's office has reviewed public defense, focusing on areas of improvement in a neglected system.

"On average, your typical public defender, trial lawyer has two or three times as many cases as they should," Perkins pointed out. "You can be the best lawyer in the world. If you have triple the caseload that you should per national standards, then you can't do a good job for every client. You end up having to pick and choose."

Perkins noted while the American Bar Association outlines 10 key principles for an effective public defense system, the recent audit only examined one for both the Public Defender and court-appointed counsel systems. He argued a deeper review would have shown both fall short of most bar association standards. The study also found the court-run indigent defense system violates standards.

Sarah Linder Marx, senior deputy of public outreach and staff development for the Allegheny County Office of the Public Defender, said she is concerned the audit implied clients must meet requirements beyond those outlined in the Public Defender Act to qualify for a public defender attorney. Specifically, she emphasized the audit suggested stricter income verification measures.

Under the Public Defender Act, individuals qualify based on income eligibility and sign an affidavit confirming their income falls below the poverty line percentage indicating indigence.

"In practice, we would be asking people who are already extremely vulnerable to get us documentation that may not even exist for them," Linder Marx stressed. "We don't have software or access to government documents like other government agencies do to verify income like that."

Linder Marx's office also recommended implementing new case management software would greatly improve the ability to manage workloads and provide opportunities for analysis. The current case management software is dated and inadequate, often creating more work.


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