Scales of justice out of balance

SALEM – The latest justice statistics for Massachusetts show that twice as many taxpayer dollars are spent on the public defense of criminals compared to prosecuting them, according to the Massachusetts District Attorneys Association.The situation has incensed the state’s 11 district attorneys, who plan to hold a press conference at the State House today.The prosecutors are advocating that the Legislature reallocate existing funds for public prosecution and public defense, based on actual caseload, rather than seek to raise taxes to restore parity.In fiscal 2010, the state’s 11 district attorneys handled approximately 300,000 cases using a total combined budget of $92 million. During the same period, the Committee for Public Counsel Services (CPCS) – who represent indigent clients – handled approximately 200,000 cases but received more than $168 million in funding.”The CPCS’ criminal defense caseload is only two-thirds that of the state’s district attorneys,” said Carrie Kimball Monahan, spokesman for Essex County District Attorney Jonathan Blodgett.David Hallinan, executive director of the Essex County Bar Advocates Association, faulted the statistics presented, as well as the reasoning behind the prosecutors’ request to reallocate state funds.”I don’t know what they mean when they say parity. The district attorneys get a salary. Individual DAs don’t have to pay for rent, telephone, fax machines, secretaries, malpractice insurance, stamps, letterheads and various other items,” said Hallinan, whose organization is contracted to provide CPCS with public defenders.Hallinan said district attorneys use state troopers assigned to their office to conduct investigations, while public defenders must hire private investigators. A similar expense arises when interpretors are needed, he said.As for the DA caseload count, Hallinan said, “It doesn’t make sense that the district attorneys handled 300,000 and we handled only 200,000. We had to handle the same amount that they did. Otherwise, who handled the other 100,000? The only cases that might not be counted are those dismissed for court costs and with no attorney present.”Blodgett, the county’s top prosecutor, defended the court data.”These figures came from the state Web site, from the Office of Administration and Finance. We didn’t make them up,” he said. “We don’t want to make this an us-versus-them. But there is only so much money in the state pot allocated to criminal justice and it’s undisputed that for every dollar taxpayers in Massachusetts pay for prosecution, more than $2 go toward criminal defense work. It is not a level playing field.”Blodgett said his office handles many cases before they go to trial, such as probation surrenders and Grand Jury presentations.”When we go to Superior Court, we have already put in months of work before making a Grand Jury presentation,” he said.Blodgett said Massachusetts is the only state in New England where the number of assistant district attorneys does not match the number of full-time lawyers working as public defense counsels.”There are about 750 prosecutors statewide, and about 200 lawyers at the Committee for Public Counsel Services. The rest are bar advocates. One way you can save money in the criminal justice system is to have the same number of CPSC attorneys as we do ADAs,” he said.The Essex County prosecutor said pay is so low among assistant district attorneys that it’s difficult to retain staff.”I just lost a fabulous Lynn District Court prosecutor who was with me for almost five years. He started out making $37,500 and was up to $42,000 when he left me on a Friday. By Monday he was working as a bar advocate and will make over $70,000,” Blodgett said.His office also endured 15 layoffs in 2009.”We were told by the budget makers there was no money, yet CPSC had three supplemental budgets in the past year – for $25 million, $8 million, and $1 million, all because they overspent. What they got in supplemental budgets alone amounts