Cobb County is overspending on contract attorneys to represent poor defendants, saving less money than it projected on indigent defense, and is operating at a loss in one court, according to a county grand jury report released Thursday.
The grand jury had harsh words for the circuit defender's office, which has been touted by the county for its money saving potential.
But a review of records by the grand jury found that savings associated with using contract attorneys "were grossly overstated." , State Court savings were $764 a week not the $14,262 a week in savings that the county promised, according to the grand jury. In Superior Court the county was operating at a loss when it projected saving $4,460 a week, the grand jury found.
The grand jury, which routinely reviews governance in Cobb, also found discrepancies in budget data the county provided for fiscal 2010, which ended Sept. 30. The county, based on information it provided, spent $8.1 million on attorneys, but was budgeted to spend $5.2 million.
Circuit defenders office administrator Randy Harris was called in and questioned twice by the grand jury last month. Harris declined to comment on the grand jury's findings Thursday when contacted by the AJC. Harris said he was still reviewing the findings and would speak about them afterward.
The grand jury also reviewed the office’s billing processes amid concerns contract attorneys could be getting paid by the county for a case in one courtroom while also working as a public defender on another case in another courtroom, which could make for double billing.
Cobb, along with Gwinnett and a few other Georgia counties, opted out of the state defender system when it was established by the Legislature in 2005 to replace a hodgepodge of county-run programs.
The county receives $500,000 a year from the state to help pay for the program.
Cobb has 214 panel attorneys, reimbursed at an hourly rate that varies according to the type of case being handled, compared to contractual attorneys paid by a predetermined agreement. The circuit defenders office has 20 contract attorneys assigned to various courts.
The grand jury recommended a full investigation of the office and an audit of financial information and record-keeping processes, along with ongoing grand jury reviews every six months. To ensure actual savings, the use of contract attorneys versus panel attorneys should be reviewed annually, and contract attorneys should be removed from Superior Court and replaced with panel attorneys because of the loses, the grand jury recommended.
Staff writer Andria Simmons contributed to this story.
About the Author
