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May 14, 2003
Public Defender's Office,
2020 Carey Avenue, 3rd Floor
Cheyenne, Wyoming
Ken Koski, State Public Defender's Office, Chairman;
Senator John Hanes;
Representative Monte Olsen;
Governor's Appointees:
Department of Family Services: Donna Sheen;
State Advisory Panel on Juvenile Justice: John Frentheway.
John Rivera, Senior Staff Attorney, and Mike Causey, Staff Attorney.
Please refer to Appendix 1 to review the Committee Sign-in Sheet for a list of other individuals who attended the meeting.
None.
All meeting materials and handouts provided to the Committee by the Legislative Service Office (LSO), public officials, lobbyists and the public are referenced in the Meeting Materials Index, attached to the minutes. These materials are on file at the LSO and are part of the official record of the meeting.
Chairman Koski called the meeting to order at 8:30 a.m. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the Committee Meeting Agenda.
Chairman Koski presented the Subcommittee with various materials before the meeting began (see Appendix 3) and presented additional materials at the start of the meeting regarding the current state of juvenile representation in Wyoming (see Appendix 4). Chairman Koski indicated that the State is currently fulfilling its constitutional duties and other legal mandates to represent children and that issues for debate include who has to pay for the various kinds of representation and whether to shift costs to counties or to examine other funding-related issues. Chairman Koski reported that he had received several comments from persons around the state and included them for discussion (see Appendices 5 and 6). Chairman Koski also used illustrations from around Wyoming to indicate that spending is not uniform and that more needs to be done with regard to certain counties. The Committee then discussed the lack of training and funding in Wyoming for attorneys and others involved with assisting juveniles.
Joe Evans of the County Commissioners Association was asked to speak to the Subcommittee. Mr. Evans commented upon a disparity between amounts that counties budget for representation of juveniles and amounts actually expended. Mr. Evans indicated that paying for an attorney as well as for Court Appointed Special Advocates (CASA)-type personnel would be too costly for some counties. Mr. Evans also indicated that the lack of statewide compliance with federal laws and standards has meant that federal funding may not be available either. Lindi Kirkbride of Laramie County CASA reiterated that her organization is nonprofit and that it does not receive county funding.
Kent Spangler, Assistant Director of the Office of the Child's Representative (OCR) for the State of Colorado, was asked to speak to the Subcommittee on Colorado's programs for juvenile representation (see Appendices 7, 8 and 9). Mr. Spangler indicated that OCR originated as a court directive in 1997 and became a legislated program in 2000. Mr. Spangler stated that while OCR does have to contend with problems such as inadequate representation, OCR also has certain oversight capabilities that allow it to work effectively. OCR eliminated the issue of county judges selecting only certain attorneys to represent children by requiring state control and state budgeting. OCR has also seen positive results in its complaint system, which allows persons to complain not only about OCR but also about other agencies designed to provide children and family services. Mr. Spangler indicated that more should be done with regard to training attorneys to handle the legal representation of children.
Brant McGee, Public Advocate with the Alaska Office of Public Advocacy (OPA), was asked to address the Subcommittee about Alaska's efforts to represent children and others in need of representation (see Appendix 10). Mr. McGee indicated that Alaska's problems came to a point in 1984, and the state was faced with local courts appointing only a few local attorneys and a reluctance of attorneys to take court appointments. Mr. McGee stated that OPA not only handled juvenile representation but also incapacitated adults and others in need of legal and guardian representation, including cases in which the Alaska Public Defender's Office has been disqualified or otherwise needs other attorneys to assist in representing multiple parties. OPA also uses the assistance of paid contract attorneys, CASA volunteers, and attorneys offering pro bono work. Mr. McGee stated that although the caseload could be demanding, the typical caseload was "reasonable" and that job turnover was low.
Chairman Koski also presented several materials on Utah's Office of the Public Guardian (OPG), including a printout of OPG's website and the relevant Utah statutes (see Appendix 11).
After the presentation of the various programs in other jurisdictions, the Subcommittee discussed which approach or approaches would best suit Wyoming, including whether to create a new agency or simply add a division or department within another agency. The Subcommittee also discussed whether the creation of a new agency or addition of a new division should be placed under the executive or judicial branch of government. After the discussion, the Subcommittee agreed for LSO staff to prepare draft legislation creating a new agency within the Governor's Office to handle responsibilities similar to those handled by OCR in Colorado. The draft bill is to be presented and discussed at the next meeting of the Subcommittee.
Mr. Frentheway also handed out materials relating to the next meeting and Mr. Frentheway's presentation on court appointments of attorneys (see Appendix 12). Chairman Koski also discussed an article that may be useful for the next meeting's discussions (see Appendix 13).
There being no further business, Chairman Koski adjourned the meeting of the Committee at 4:45 p.m.
Respectfully submitted,
Ken Koski, State Public Defender, Chairman