Public defender system debated

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Changes are needed in the way legal services are provided to poor criminal defendants in North Dakota, the chairwoman of the Legislature's Interim Criminal Justice Committee says.

Rep. Lois Delmore, D-Grand Forks, said she worries that the state could be sued for not providing adequate legal services for people who cannot afford attorneys.

"We've learned from other lawsuits what the cost afterwards can be," she said.

Marea Beeman, a consultant to the North Dakota Bar Association, is recommending a state-run public defender system. Currently, defense lawyers contract directly with the courts, but some attorneys say the pay is not good and they are overworked. They also say they can lose the contract at the whim of a judge.

Delmore said she favors a system under which the state would provide services in rural areas, though she acknowledged it would be expensive.

Sen. Tom Trenbeath, R-Cavalier, said he would like to see a public defender system that is separated from the judiciary, but he is not ready to embrace a state-run public defender system.

"Let's not buy the Cadillac if a new Chevy is going to do this," he said. "I'm not convinced the contract system is irreparable."

Separately, South Central District Judge Donald Jorgensen said he worries that the courts are becoming a revenue stream for the state.

Jorgensen said the state law allowing court fees could be changed to give judges more flexibility. The fees provide money for public defenders and court renovations.

"It bothers me that the court's become a source of revenue, and it bothers me that we're doing it for our own self-serving purposes," he said.

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