618: Legislature stepped up with funding to move public defenders 'in the right direction'

The criminal justice system is often where public policy debates, from civil rights to addiction, converge. It's also critical for ensuring accountability when the government oversteps. North Dakota's Commission on Legal Counsel for Indigence, led by Director Travis Finck, headed into this year's legislative session facing a "perilous situation," that was dangerously close to a "constitutional failure" due to a lack of resources, leaving many without legal counsel.

But lawmakers stepped up. The Finck and his fellow public defenders received a 20% budget increase, amounting to an additional $4.5 million over their 2023 budget. The budget boost is moving the agency "in the right direction," Finck said on this episode of Plain Talk.

This funding has tangible impacts on recruitment and retention. Frink notes the agency can now offer higher salaries, implementing a new compensation plan to put them "on par with places like the attorney general’s office." Previously, they weren't even "in the same stadium," Finck said.

The agency is now projected to be fully staffed by September, a stark contrast to the 25-30% vacancy rate prior to the session. Beyond attorneys, the budget also allowed for hiring two new investigator positions, increasing their statewide total from one to three.

Legislative support also provides a crucial morale boost. Applicants, even from out of state, recognize that the North Dakota legislature "acknowledges the public defenders exist…and the important role they play," Finck said. This commitment fosters a client-centered culture, attractive to new law school graduates, emphasizing the profound impact public defenders have.

Looking forward, Finck emphasizes that while the progress is significant, the job isn't done. Future goals include hiring more investigators for thorough case reviews and developing "holistic approach" models to provide services such as housing and job assistance, to reduce recidivism. The agency also seeks to re-evaluate reliance on user fees and eliminate remaining fines, asserting that constitutional rights should not be funded by those exercising them.

Also on this episode, co-host Chad Oban and I discuss the turmoil in Minot's recent mayoral elections, which included one of the candidates, Rob Fuller, suggesting I illegally accessed public records about his arrest for domestic violence. We also talked about the ongoing (and very tiresome) Armstrong veto controversy, and we react to some listener feedback.

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