Board to keep watchful eye on new conflict counsel plan.

Concerned there might not be enough money for it to operate successfully, Bar Board of Governors members plan to keep an eye on the state's new regional conflict counsel system.

Some board members said they're concerned private attorneys may be called in to pick up the pieces if there are major problems with the new public system for handling cases when public defenders have a conflict.

Board member Gwynne Young said the new law creating the system also affects other areas of law, including attorneys handling guardianship matters.

The issue came up as the board discussed the legislature's recent Regular Session at its June 1 meeting,

Outgoing Bar President Hank Coxe and General Counsel Paul Hill noted the Bar did not become involved in the debate over creating the new conflict public defender system versus staying with the current procedure of hiring private conflict counsel. The Bar's legislative position only called for adequate funding of core Article V entities, including the courts, public defenders, state attorneys, and related agencies.

The new conflict counsel system, created by SB 1088, sets up five regional offices following the jurisdictional lines of the district courts of appeal. It is estimated those offices will handle 80 percent of all public defender conflicts, with the remaining 20 percent still going to private counsel.

Those regional conflict offices will also represent indigent parents in dependency hearings.

Young said the bill affects more than just criminal defense and dependency attorneys. She noted one provision changed the compensation for guardianship attorneys when they take court appointments. The law used to guarantee a "reasonable fee" to those attorneys, but SB 1088 limits the payment to $450.

"It's a much greater problem than just the representation of indigents," she said.

Board members expressed concerns the conflict system was created with inadequate study and possibly without sufficient funding. The legislature appropriated $50 million for the first year, plus additional funds for start-up costs like offices, equipment, and the like.

Noting that the legislature was working on a property tax rollback for local government, Coxe said that counties in future years could be asked to pay for the offices and support services for the conflict offices, which could further strain their budgets.

Coxe said if there is too little funding, the legislature could always increase the appropriation, which might address fears the system will be overburdened and its representation of defendants affected.

He and board members said they intend to monitor the conflict system, which is scheduled to begin October 1.