An analysis by the Office of Allegheny County Controller Corey O’Connor determined that attorneys in the County’s Office of the Public Defender (OPD) handle unsustainable workloads, and the County’s public defense system does not meet standards established by the American Bar Association (ABA).
“Attorneys, defendants, and advocates have long raised concerns about the ability of public defenders with high caseloads to provide effective legal representation as required by the U.S. Constitution, and I am pleased our audit can provide our policymakers and County leaders with vital information as they consider future budgets and operations,” O’Connor said.
“The conclusion that OPD needs more staff and resources to deliver services effectively is indisputable,” said O’Connor, “and working toward a fairer system can reduce workloads, eliminate inefficient costs, and address systemic issues in the long-term.” In 2023, the County’s public defense system was budgeted approximately $14.5 million, which includes OPD ($11.9 million), the Office of Conflict Counsel ($916,000), and Court-appointed private practice attorneys ($1.7 million).
The audit’s findings, in part, determined that the County’s public defense system can improve in areas such as caseload management and analysis, operational structures, and internal controls and procedures, specifically those related to the intake process, to better comply with ABA standards.
For instance, 36 of the 42 trial attorneys in OPD maintained caseloads that exceeded national standards during the audit period. For these 36 attorneys, the average caseload percentage was 243.4 percent, meaning they would need to work an additional 57,868 hours annually beyond available work hours to meet the caseload standard of 98,223 hours. One attorney’s caseload that was analyzed showed that the attorney would need to work more than three times their available hours to meet the caseload standard.
“Despite the best efforts by these dedicated attorneys, handling caseloads that require double or triple daily working hours is unsustainable,” O’Connor said. “If we implement new caseload management processes, and hire more investigators, social workers, and legal support staff, we can continue to build on current progress. The OPD’s attorney pipeline program is one such success that should inform future efforts.”
Auditors also found the County’s public defense system, along with certain processes undertaken to appoint counsel, do not meet the ABA’s principles regarding independence and oversight. Based on the ABA principles, public defense systems should be independent of political and judicial influence and be subject to oversight in the same ways as other retained counsel and prosecutorial functions. In addition, clear, standardized criteria and internal controls should be established across Court appointments of attorneys to ensure attorney experience, specialty, and case complexity factors are considered while ensuring objectivity and transparency in the process.