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Two new programs implemented by the Kosciusko County Public Defender’s Agency are showing positive results.
The programs - Lightning Law and Parent Advocate - were discussed during the quarterly meeting of the agency Thursday.
Jack Birch, chief public defender, explained both programs. Antony Garza, a public defender, also spoke about them. Garza joined the agency earlier this month after completing a judge pro tempore assignment in Whitley County for Judge Doug Fahl, who was on National Guard deployment for a year.
It was announced in November the agency was working with Securus Technologies to implement an electronic system allowing public defenders to communicate with incarcerated clients. Approved by the county commissioners, Lightning Law - part of Securus Technologies - was implemented with 60 licenses. All 60 are currently in use.
Birch said public defenders can now upload clients’ discovery documents for incarcerated clients to access, email or review through video conferencing with their attorneys. All of this can be done on the inmates’ tablets.
“It incredibly speeds up the process,” Birch said, adding it will cut back on complaints from inmates that they didn’t receive documents. He noted while clients can email their public defender, there is a limit on the number of emails that can be sent before the attorney responds. “So we won’t get bombarded until we respond to it.”
Birch said the system has been working reasonably well and now it is a matter of convincing or reminding public defenders the tool is available.
Garza also spoke about the time savings for public defenders and improved client satisfaction.
“I will be the first to admit I was skeptical about communicating with clients through this program, but after dealing with my first client, it saved me what would have been a half-hour trek over to the jail to say, ‘Hey, I’ve been assigned to your case,’” Garza said. He said he has been able to communicate with his client, find answers and respond quickly.
“It’s going really rather well,” he said, noting that in one case it took only minutes instead of three meetings lasting 30-45 minutes each. “He’s happy he’s getting the attention he needs. Before this system, that was one of the biggest complaints - ‘I haven’t seen my attorney all week,’ or ‘I haven’t seen him in two weeks,’ or ‘I haven’t seen him since my pretrial.’ Often there is nothing going on, but now they can send an inquiry and we respond. It makes their stay a little easier. They’re more satisfied with the progress we’re making and more up to date.”
Birch agreed there should be fewer complaints, and messages also serve as reminders of client needs for public defenders.
The sheriff’s office is also pleased because the system reduces the time jail staff spend coordinating in-person attorney visits and related security measures.
Officials explained the inmates’ tablets are secure and also allow access to online classes, certification programs and family visits.
Board member Paul Stoelting questioned security. Officials said both Securus and Lightning systems are secured with usernames and passwords and are locked down. Garza said the system has extensive parental-style controls, and Birch added Lightning maintains attorney-client privilege protections.
It was noted additional licenses may be needed in the future.
Parent Advocate
Availability of connections with other counties has provided resources not previously available, leading to the start of the Parent Advocate program.
Birch said the agency handles children in need of services cases and represents the parents involved. Through another county, he learned of a pilot program in which a staff member attends out-of-court meetings between parents, court-appointed special advocates and Department of Child Services officials.
Because the advocate is not an attorney, that person can speak with parents, attend out-of-court staff meetings and report back to the lawyer.
“It can be very helpful for lawyers in hearings who are not getting that information because we don’t have the time to do it, and if we show up, the DCS lawyer has to be there. There are some ethical issues there, too,” Birch said.
Only certain cases attorneys deem appropriate are included in the program. Julie Pogue, agency staff member, is currently serving as the advocate and has four cases.
“We hope that is going to continue to be successful and we’ll probably expand that program. The feedback we’ve gotten so far in a month to six weeks is good,” Birch said.
In other business before the board:
• The agency is now eligible for reimbursement for capital build-out expenses over $40,000. A total of $2,500 will be received over 40 months.
• Court scheduling conflicts are being resolved, with a few more complicated conflicts still being addressed.
• Garza will assist Birch with many administrative responsibilities. Judge Matthew Buehler said judges appreciate having one point of contact instead of multiple voices regarding conflicts.
• The board heard positive comments from Garza about the agency, its resources and efficiency.
The next agency meeting will be at noon Thursday, May 14 in the circuit court jury room.
