Indigent defense attorneys in Gwinnett County Juvenile Court say fallout from a former colleague's alleged overbilling has led to heightened scrutiny of their invoices and lowered morale, forcing some to reject court-appointed cases.
However, Gwinnett County District Attorney Danny Porter said the indigent defense system has had such poor oversight that it created an "invitation to steal" by overbilling, and Juvenile Court is where most abuses occur.
Last month, a county audit found that Rodney Harris, a former indigent defense attorney who is now a Recorder's Court Judge, billed the county for $1.1 million between 2005 and 2010, prompting Porter to investigate Harris' actions. On at least three occasions, Harris billed for working more than 24 hours in a day.
Melaniece McKnight, an indigent defense attorney in Gwinnett for several years, supports Harris and doesn't believe he overbilled, but has noticed a change in morale among her fellow lawyers since the allegations surfaced. Colleagues now complain of excessive, unexplained cuts to their bills.
McKnight has stopped taking new court-appointed cases for now. Although she loves the work, she can't afford having her pay cut.
"It doesn't make sense financially for me," McKnight said. "My desire is to get paid for the work that I have done."
Miechia Gulley, a colleague, is also reconsidering taking court-appointed cases.
"If you are not able to bill the same, and at that your bills are getting cut in half, you have to make some decisions at that point," Gulley said.
Juvenile Court is a precarious world of unruly kids and broken families, and defense attorneys are there to protect the children's rights and represent their interests. While the work is emotionally taxing, those who perform legal services for juveniles say it is highly rewarding.
Gwinnett's indigent defense system works by having a list of qualified private lawyers available to handle cases. In Juvenile Court, two lawyers from the list sign up to be "on duty" for different case calendars. A judge appoints one of the lawyers when a child or parent cannot afford legal representation, and the attorneys are reimbursed by the county for their services.
In light of Harris' situation, lawyers are anxious and unclear about the proper way to bill, indigent defense attorney Ada Williams said.
"What are they going to pay for?" Williams asked, in reference to the increased scrutiny. "What type of service do you want us to give these people? And, if we provide that service, are we going to get paid for it?"
The Gwinnett County indigent defense governing committee recently told court-appointed lawyers they should bill $45 per hour, or the "out-of-court rate," when waiting for their cases to be called into Juvenile Court. Previously it was common for them to bill at the $55 "in-court rate" for that time. Attorneys typically must remain at the courthouse, which limits their ability to work on other cases. Lawyers use the time to consult with clients, talk to witnesses and prepare their cases because its not uncommon for cases to be heard the same day they are assigned.
David Lipscomb, chairman of the indigent defense governing committee, said it has always been policy for lawyers to charge out-of-court rates during wait time in Juvenile Court. It wasn't until Harris' billing came into question that the committee realized attorneys weren't following it.
The committee, comprised of six volunteers, looked more closely at Juvenile and Recorder's Court bills. The committee has always had the power to decrease bills when it appears an attorney billed for more time than is appropriate for the task.
Porter blames the system as much as he does the attorneys for overbilling.
"The system encourages them," Porter said. "And in some cases, they are instructed on how to fill these bills out and now they're getting jammed up about it. The truth is that everybody has known the system fudges every bill, and they participated in it."
Porter favors overhauling the indigent defense system, which last year cost the county $4.8 million. He would like to see a county-run public defender office with two or three lawyers assigned to each courtroom.
Juvenile Court Judge Robert Rodatus said that might work for smaller counties, but not for large ones like Gwinnett that handle thousands of cases. He said the current system works well and most cases get resolved with one court appearance.
"The Council of Juvenile Court Judges has observed our system and recommended it to other courts," Rodatus said.
Court officials have estimated it would cost $6.5 million to create a public defenders office because of the added cost of office space, benefits and support staff.
Indigent defense attorney Darice Good, who has practiced in juvenile courts statewide for eight years, said Gwinnett has one of the most efficient systems.
While Good understands the need to be meticulous about billing, she hopes it won't drive away competent lawyers.
"I don't want to see people who do good, honest work being punished due to a small group of lawyers potentially overbilling," Good said.
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