Cutting Public Defenders Endangers Basic Rights

Recent reductions at the Connecticut public defenders' office and additional cuts planned to meet budget shortfalls jeopardize the constitutional rights of defendants to a fair trial, according to the ACLU of Connecticut.

"The U.S. and Connecticut constitutions create an absolute obligation for the state to adequately fund public defenders' offices," said David McGuire, staff attorney for ACLU-CT. "Budget cuts to the public defenders' office will once again reduce staffing and will jeopardize the constitutional guarantees of adequate representation."

The public defenders' office recently eliminated the positions of 42 contractors and temporary workers, including 23 lawyers. Another 33 full-time positions are on the block unless the state reaches a $1.6 billion concessions deal with its unions, according to the Associated Press.

Fifteen years ago, when public defenders were carrying overwhelming caseloads that did not allow them to devote the necessary time and attention to properly represent their clients, the ACLU-CT filed a class action lawsuit to limit the caseloads of public defenders in Connecticut. The new staff reductions endanger the successful settlement of that litigation and create the very real potential for another ACLU class action lawsuit, McGuire said.

"In light of the recent reductions and the proposed cuts, we will be carefully monitoring public defender staffing and caseload levels," he said.

The cost savings that the state seeks from cutting the budget of the public defenders' office may prove illusory, McGuire said. Not only could the state face the cost of another class-action suit but badly handled cases could lead to more appeals and improper convictions could provoke costly lawsuits.

"A smoothly functioning court system is not just essential to a democracy, it's cost-effective," he said. "Not only can we afford to uphold our Constitution's most basic guarantees, we can't afford not to."

McGuire also noted that reductions in the crime rate don't necessarily reduce the need for public defenders. When the economy is bad and more people are unemployed, a higher proportion of criminal defendants will need public defenders. In that sense, this is a time when we should increase spending on the public defenders' office.