To the Editor:

Thank you for dispelling the myth that indigent defense attorneys don’t get paid (http://www.smokymountainnews.com/news/item/20283). They might not make $100,000 but they do get paid. Thank you also for pointing out that out of 100 counties in this state only “about 15 counties” have a public defenders office. Thanks to TV and fiction books we have the fantasy that court appointed defense attorneys are dedicated defenders of justice. Instead most are trying to fit court appointed cases into an already busy calendar. And, as Danya Ledford VanHook pointed out, the lawyers are often “sole practitioners” which means no staff to do all the research and paperwork.

However, any discussion of indigent defense expenses should include the fact that if convicted the defendant then owes the state for the cost of defense. When released the defendant is held accountable for those costs.

In addition, the discussion should also include the question of accountability. The Indigent Defense Services have guidelines for the quality of defense provided. But how do they ensure that standard is met? How are defense lawyers graded, or are they? Who determines which lawyer gets which case? Is it possible for a judge to pick a particular lawyer because the judge knows that lawyer will get the results the judge wants?

“The concern is that if lawyers know they’re only going to get $300 for a DUI case, they’ll be quicker to just make a plea deal instead of going above and beyond to make the best decision for the client.” You are assuming lawyers do that, go above and beyond, at the current hourly rate of $55.

The belief that “every person is entitled to competent, vigorous legal council” is just that, a belief. It does not mean that is the reality. Without some system for accountability, that belief will remain a fantasy.

Sara Lee Hinnant

Sylva