jumping, fish and game violations, driving with a sus- pended license, and pedestrian solicitation. In Tampa, the site team observed defenders preparing to try a case for so- licitation of alcohol, which involved an exotic dancer ac- cused of improperly soliciting a patron to purchase an alcoholic beverage. On the day of the site visit to the Lower Kittitas District Court in Washington, 29 cases were heard. Twelve were driving with license suspended, third degree cases. Six were minor in possession of alcohol cases. Another Washington court, Lynnwood Municipal Court, has similar statistics. In January 2008, 104 cases were assigned to the contract pub- lic defender. Of these, 36, or more than one-third, were driving with suspended license, third degree, cases. In fact, driving with a suspended license charges make up a significant part of the caseload in many jurisdictions. Most of these charges result from the failure to pay fines or fees, such as tickets for a broken tail light or not having insur- ance, parking tickets, or even failure to pay child support. 118 Many defenders observed that criminalizing driving with a suspended license is problematic because the charge usually results from a license suspension for failure to pay fees or fines. The charge thus frequently criminalizes the inability of a defendant to pay, which creates an unbreakable cycle. A North Carolina defender who handled 600 misdemeanor cases last year noted in a survey response:
no public transportation, it is unrealistic to expect that people will not drive. Li- censes are revoked for non-payment of child support, failing to pay fines, and failure to appear in court. Once a license is revoked, any moving violation con- victions suspend the license even longer, which usually leads to more revoked driving charges.
An NLADA report similarly observed that in Grand Traverse County, Michigan, “approximately 10 percent of all cases are for driving with a suspended license (DWSL). … The pros- ecutor also noted that DWLS needs to be addressed, that ‘it’s an economic issue,’ and that most of the defendants have no other criminal record.” 119
26
Misdemeanor Indigent Defenders Take Brunt of Budget Shortages
Experts have observed innumerable times that public de- fender offices across the country are underfunded. 120 What is essentially unreported is how this underfunding dis- parately impacts those accused of misdemeanors. Indigent defenders facing budget shortages almost always prioritize felony cases, to the detriment of persons accused of mis- demeanors. It is simple triage. The funding is not there to adequately staff both misdemeanor and felony cases. Indi- gent defenders scramble to provide the best defense to those in the most dire need. Thus, they prioritize clients
One of the most common charges is driv- ing while license revoked. Since we have
Atlanta City Public Defender Office Caseloads
59 Minutes
42 Minutes
3,400 cases per attorney
2 Hours and 15 Minutes
2,400 cases per attorney
1,050 cases per attorney
2007
2008
2009
2007 2008 2009 (projected)
(projected)
Minor Crimes, Massive Waste
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