Lawyer pitches public defender system to county

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Lawyer pitches public defender system to county

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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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