Moscow attorney Chuck Kovis will not seek to renew his public defender contract with Latah County after commissioners offered him only a 2 percent pay increase for the upcoming fiscal year, at the same time they offered county employees a 4 percent bump.
"I'm just not going to continue to do it for what they're offering me," Kovis said in a phone interview Friday. "I've done it long enough - it's time for someone else's turn."
During budget discussions for fiscal year 2014, county commissioners rejected a request from public defenders under two contracts to increase their annual pay of $103,536 each by nearly $20,000 each. Commissioners opted instead to offer a 2 percent increase, with another 2 percent increase in FY 2015, and then seek a third public defender at this year's rate to reduce caseloads for the defense attorneys.
Board of Commissioners Chairman Dave McGraw argued at the time of the contract discussion that public defenders had been receiving raises over the past several years, while many county employees had not. Commissioners approved increasing each of the two contracts by $5,000 for FY 2013.
"By hiring the third public defender, that should split the caseload among three rather than two," McGraw said Friday. "I felt we were doing the right thing hiring a third public defender" rather than just paying more for the attorneys the county already has. "... He decided to resign as public defender, so we're now looking for two public defenders. He was one of the premier public defenders, I felt, in the region."
Kovis said he has 420 active public defense cases in Latah County, but has struggled with the cost of running his office, paying his staff and being unable to take on more private cases, where he makes $200 an hour. He said he estimates the 300 hours a month he puts in as a public defender equates to about $20 an hour.
"I've been doing it and trying and trying, and they offered me a $172-a-week raise," Kovis said, "and I'm just not going to do it."
Moscow attorney Jay Johnson also elected not to renew his public defense contract with the county in FY 2012 over a compensation dispute, McGraw said. That's when a contract was drafted with McCormick and Rokyta PLLC. A new contract is expected to be approved Wednesday.
McGraw said another reason for deciding to add a third public defender contract is to reduce the county's use of a conflict defender, who is tapped for cases when the other attorneys can't take them. Ray Barker, who is the county's conflict defender, makes $70 an hour, while contracted defenders work with an annual sum through their contracts. Barker is set to make $85 an hour starting Oct. 1.
For the month of July, Barker received $20,831.47 as a conflict defender, with a little more than $15,000 coming from defending alleged murderer Charles Capone during his preliminary hearing.
"That was an unusual month," said County Clerk Susan Petersen, adding that Barker was paid for about 218 hours of reported time for that month. "That is one of the things the commissioners were trying to address, because the conflict counsel is an hourly contract, where the public defenders are a salary."
Capone and co-defendant David Stone's preliminary hearing lasted three days, but Latah County Prosecutor Bill Thompson has stated the trial itself could last up to four weeks. Stone is represented by Kovis, who said his client will likely be given new counsel, though he hasn't discussed it with him.
Petersen said the county budgeted $45,000 for conflict defense in FY 2012 and FY 2013, but ended up spending $195,000 and $85,000, respectively. Commissioners budgeted $110,000 for conflict defense in the next fiscal year with the hope the cost will drop with three public defense contracts, Petersen said.
Several letters of interest have been received by the county to fill the new public defender contract, and McGraw said filling another should be accomplished before Kovis' contract expires Sept. 30.
Petersen said commissioners will accept letters of interest no later than Friday and will review them Sept. 9 before scheduling interviews with prospective attorneys.
Brandon Macz can be reached at (208) 883-4631, or by email to bmacz@dnews.com.
