Op/Ed - Unfair disparity vs. uniformly lousy defense
- Poor Virginians accused of crimes don't have sufficient resources needed to defend themselves.

Roanoke Times - March 12, 2006

When Virginia senators killed a bill that would allow local governments to supplement the pay of public defenders, they actually had a pretty good reason: Allowing some localities to pay public defenders more money would result in an unfair disparity in the quality of criminal defense across the state.

"This just reinforces that the chances of a person getting a fair trial is an accident of where the crime occurs," said Sen. Yvonne Miller, D-Norfolk.

It is true that someone accused of a crime in Franklin County should not get a more harried, overworked and underpaid public defender than someone accused of a crime in Fairfax County.

But the goal should not be that Virginians accused of crimes get an equally lousy defense no matter where they are.

That will be the result of this legislative session, though, judging from the lack of action on any initiative to improve the pay of public defenders or court-appointed attorneys.

As Sen. John Edwards, D-Roanoke, said, "We're not funding the public defenders' offices like we should. There is a huge disparity between what commonwealth's attorneys -- the prosecutors -- get paid, and what the public defenders get paid."

Edwards thought the bill was imperfect, but a start. Others thought it would open Virginia to lawsuits.

"I'll stand here and absolutely guarantee you that if we pass this bill, Virginia will be sued for providing inadequate defense in jurisdictions that aren't augmenting the salaries," said Sen. Ken Stolle, R-Virginia Beach.

Of course, there's nothing to stop such suits statewide now.

And perhaps lawsuits will be necessary to convince a General Assembly that quivers at the notion of spending money -- much less on suspected criminals -- that the system is fundamentally unfair to Virginia's accused.

A Washington, D.C., firm has threatened a federal class-action suit if a cap on payments to court-appointed attorneys isn't lifted.

The justice system works properly only when every accused person -- rich or poor -- has the ability to present a vigorous defense.

Virginia ranks dead last in the nation in pay for court-appointed lawyers and woefully underpays public defenders.

That crime should end.