Roanoke Times

Justice on the cheap

January 25, 2007

There's not much justice in a system tilted in favor of the prosecution

If you're accused of a crime in Virginia and you cannot afford an attorney, one will be provided at the government's expense.

Just don't expect much because you'll get what the government is willing to pay for. An attorney representing you for a misdemeanor will get $120. If you've been charged with a felony that will keep you imprisoned up to 20 years, your court-appointed attorney will get $445. If you're looking at a life sentence, Virginia is willing to pay $1,200 for your defense.

Of course these fees might appear generous to folks who believe you wouldn't be arrested unless you're guilty of something. We would hope those folks aren't in the majority or include lawmakers, who certainly should know better.

But it would be difficult to conclude that if lawmakers fail once again to raise the compensation for court-appointed counsel. Virginia's fees come in dead last when compared with other states'.

It easily could be argued that the caps preclude defense attorneys from mounting vigorous defenses because they simply can't afford to do so. It's much more cost-effective to push for pleas even for those who are indeed innocent.

The attorneys pushed hard last year to persuade lawmakers to lift the caps -- without much success. They have even threatened to file a federal lawsuit. They could probably advance a compelling case that skimping on defense tips the balance of justice in favor of the prosecution. They could even argue that a government that fails to protect the rights of the accused has abandoned the principle that everyone -- regardless of wealth -- does indeed possess the right to defend against allegations.

Lawmakers have a chance again this year to correct this injustice.

The Senate Courts of Justice Committee advanced legislation, backed by the governor, that would lift the caps. Court-appointed attorneys would be permitted to request a waiver after submitting to the courts a detailed account of time worked on a case. This won't right all the wrongs with the pay system, but it is a start that could amend the most egregious flaws by encouraging better prepared defenses for those accused of the most serious crimes.

The bill is now before the Senate Finance Committee where lawmakers might balk at the $9 million price tag. They should remember that even poor defendants have the right to competent counsel. Consider it the price of justice.