No local attorney
Alexis Barker
NLJ News Editor
A combination of budget cuts and understaffing has thrown the Wyoming Public Defender’s office into a concerning situation that has been chronicled over the last year by several state newspapers. That situation has left Weston County without a public defender, according to County Attorney Alex Berger.
According to documents submitted to the State Budget Division of the Wyoming Department of Administration & Information, the 10% cut to the public defender’s office budget will equal roughly $3 million in cuts, putting additional strain on an already overwhelmed office.
“As we all learned in the spring of 2019, when the Public Defender is not adequately funded or staffed, a constitutional crisis ensues, as well as
creating an ethical crisis
for the State Public Defender and her assistants,” the document states.
The budget cut will be felt directly in Weston County and surrounding areas with the closure of the Newcastle
field office earlier this year. This office historically provided representation for approximately 210 cases annually in both Weston and Crook counties. Residents of those two counties needing assistance will now have to work with public defenders in Campbell County.
“Because these two counties are part of the 6th Judicial District, our office in Gillette
is now handling the cases in both Weston and Crook counties. We have a contract attorney designated to these counties but the other attorneys will have to have some cases
in Weston and Crook counties as well,” Diane M. Lozano, state public defender, said. “Our office staff in Gillette has to handle all the paperwork from both counties in addition to Campbell County as well. Our hope is that it will not impact anyone in your communities as each defendant will have an attorney.”
But, Lozano said, that could all change under certain circumstances.
“As long as we are fully staffed in Gillette and as long as crime/caseloads do not substantially increase, there should not be any impact on the communities in those counties,” Lozano said. “We are diligently monitoring the situation though.”
Jefferson Coombs, supervisor of the Gillette office, said that his office is feeling the impacts of taking on the caseloads of two more counties.
“Frankly, COVID-19 is a bit of a blessing because we get to appear by video and we don’t have to drive to Crook or Weston County,” Coombs said. “That saves us travel time.”
As public defenders, Coombs said, his office will do what they have to do to represent everyone to the best of their abilities.
“It is not ideal. The ideal situation would be having a public defender that covers those two counties, but with the budget being what it is, we will grin and bear it,” Coombs said. “We are still able to provide good counsel to those in Weston and Crook counties. We have to put in a little extra work and spend some extra time but we can do it. We are not at the point that we are overwhelmed and can’t provide coverage to those counties.”
Public defenders aren’t the only ones facing issues brought on by the office closure; county attorneys and staff on the other side have had to make adjustments as well.
According to Berger, the impacts on his office vary and include adjusting to work with different attorneys, scheduling conflicts and lack of proper information being provided to new attorneys.
“We have been working with no local public defender for a few months, so we have a good idea of how it will impact us,” Berger said. “First, all defendants are getting good representation from attorneys out of the Gillette public defender’s office. It is a learning process to work with different attorneys, but that is not a major issue.”
Issues with scheduling can be seen more in the courts than in the attorney’s office, Berger said. It can be somewhat difficult to arrange schedules that guarantee attorneys are here for court, he indicated.
“Third, the only major strain on our office so far is that the previous public defender did not give, or the current public defenders did not get, documents necessary for the county attorney to provide to the defense. So we are having to resend material, and it is causing some issues,” Berger said. “This is a strain that will decrease as all cases are assigned to the new attorneys from the state.”
According to Lozano, $468,901 was budgeted out of the general fund last fiscal year for the public defender’s office that was in Newcastle. She noted that the county contributed an additional 15%, or $82,749, bringing the budget total to $551,659.
“In terms of office space, we were paying $600 a month for the office in Newcastle and we had to pay for internet, phones and other office supplies,” Lozano said.
Gordon appoints new district judge
Alexis Barker
NLJ News Editor
Gov. Mark Gordon has appointed Stuart S. Healy III to replace District Judge Michael Deegan, who announced his retirement in August, of the Sixth Judicial District serving Weston, Crook and Campbell counties. Deegan’s retirement is effective Dec. 25. Healy’s appointment is effective Dec. 26, according to an Oct. 31 press release from the governor’s office.
According to the release, Healy has served as an assistant U.S. attorney for the District of Wyoming since 2005, previously serving as an assistant county attorney in Sheridan County and as an attorney in private practice in Sheridan.
“He received his Bachelor’s, Master’s and Law degree from the University of Notre Dame. Healy, his wife Allison and daughter Moriah reside in Cheyenne,” the release says. “His daughter Emily and son Seamus are both in college.”
Gordon said in the release that the Judicial Nominating Commission once again submitted three outstanding candidates but that Healy’s experience as a federal prosecutor and as a county attorney will service him well in the Sixth Judicial District.
“I’m humbled by the governor’s faith in me to serve the people of Campbell, Crook and Weston counties as District Court Judge,” Healy said in the release. “I recognize I’m following a tradition of dedicated and excellent judges in this district. I intend to work hard to maintain that tradition.”