One of Fayette's
top law firms, Bischoff and White PC, wants to take on the task of defending
indigent clients in local courts on a contractual basis.
County commissioners
are mulling over the idea and asking for more information.
Currently,
a pool of lawyers handles indigent defense for a set rate of $ ** per
hour, but Jim Bischoff, head of the firm, has offered to do the whole
job for $250,000 a year (not including death penalty cases), about $50,000
less than it's costing under the current system.
And that cost
will go up, Bischoff said to affirmative nods from commissioners, as more
retail development comes on line in the county.
He promised
even greater savings, claiming that his firm will be able to handle cases
more efficiently, moving clients through the county's judicial system
faster and reducing the jail population by 20 a day. "That would
save you $328,000," Bischoff said.
But it's not
as simple as all that, commissioners said.
"There
will be cost savings" if the commission takes Bischoff up on his
offer, said Chairman Greg Dunn, "but there are a number of other
concerns that I have."
If the county
changes its method of hiring public defenders, it would be improper to
do so without offering the contract for bid, said Commissioner Linda Wells.
Bischoff said
he would gladly submit a proposal in competition with other firms.
Wells said
other jurisdictions that have used a single contractor have reported problems.
Dunn echoed
that, saying he fears that, with one firm taking on so many clients, "there
would be a disincentive for you to go to trial." Lawyers might be
tempted to push clients to plea-bargain more often, he said.
Bischoff said
he would make sure that doesn't occur. "We are trial lawyers; that
is what we do," he said. "That would never happen in a system
that I was running. The one who makes the decision whether to go to trial
is the client."
And having
all the cases under one firm will give his lawyers more time to prepare,
he said.
Bischoff's
son, Brian, who handles numerous indigent cases for the firm now, said
any law firm that plea bargains too often won't be taken seriously by
prosecutors. "There'll be no negotiating on a plea if they know we're
going to take a plea eventually," he said. "There has to be
a professional relationship there that they know we're going to take the
cases to trial that need to go to trial."
Local judges
are opposed to the idea, said Dunn and Wells, but Dunn added that judges
had told him: "If there's anyone who can pull this off, it's Bischoff."
"I think
this has a lot of merit," said Commissioner Herb Frady, but he needs
more information, he added.
Dunn and commissioners
Peter Pfeifer and A.G. VanLandingham also said they would like to hear
more, but Wells said she is "not going to support this."







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