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Thursday, August 20, 2009

Ind. Courts - Channel 6 finds public defender appointed upon request, with no effort at determining financial need

Indy Channel 6 News' Jack Rinehart had this report last evening. Here are some quotes:

INDIANAPOLIS -- Some within the Marion County legal justice system are questioning why a man who lives in an exclusive neighborhood is being represented by a public defender.

Cary Osborne is set to go to trial next week on a misdemeanor charge of resisting law enforcement, 6News' Jack Rinehart reported.

At his initial hearing in April, Osborne asked for a public defender, citing a medical condition and time spent under the care of doctors, court records show. * * *

The judge said he would assign a public defender to Osborne's case, but at no point asked if Osborne could afford his own attorney. * * *

Marion County Chief Public Defender Robert Hill said that the county lacks the money and resources to verify every person's financial need.

"It does create a situation where someone looking at this might have questions," he said. "If someone isn't entitled to a public defender, resources are tight, my attorneys are overworked, the system is overburdened. If someone isn't entitled, they shouldn't get a public defender. " * * *

Besides owning the home that Osborne is living in, his mother owns a $1 million mansion in the high-end stretch of Meridian Street north of downtown Indianapolis.

There was a follow-up report on Channel 6 this evening, focusing on what kind of investigation, or questioning, judges should perform prior to appointing a public defender, but it does not seem to be available online yet.

The ILB has written about this issue before, in two entries headed "If you cannot afford an attorney, one will be appointed for you." In the first, from Sept. 26, 2008, I wrote near the end:

I'm told that in at least some Indiana counties little effort is made to determine eligibility before a public defender is assigned. The ILB would be interested in comments from readers on this point.
A follow-up, from Oct. 1, 2008, dealt with appointment of counsel for alleged delinquent children.

Posted by Marcia Oddi on August 20, 2009 06:11 PM
Posted to Indiana Courts