PUBLIC DEF ANNUAL REPORT 12-13.PDF

OFFICE OF THE PLTBLIC DEFENDER
MARICOPA COUNTY
JAMES J. HAAS
JEREMY D. MUSSMAN Public Defender DIANE J. TERRIBILE
Deputy Director Administrator
July 24, 2014 PA/ intua
RECEIVED
Ms. Fran McCarroll, Clerk of the Board
Maricopa County Board of Supervisors JUL 2 8 2014
301 W. Jefferson, 10th Floor CLER K 80/11-lD RICOPA OF COUNTY
Phoenix, AZ 85003-2150 SUPERVISORS
Dear Ms. McCarroll:
I am pleased to share the enclosed Fiscal Year 2012-2013 Annual Report for
the Maricopa County Public Defender's Office. We hope you find the report
interesting and informative.
Sincerely,
Jim Haas
Maricopa County Public Defender
JJ H/sg
Enclosure
LAW FIRM
Downtown Justice Center • 620 West Jackson, Suite 4015 • Phoenix, Arizona 85003
(602) 506-7711 • FAX (602) 506-0797 • TT (602) 506-1646
Delivering America's Promise o Justice for All


Annual Report
Maricopa County Office of the Public Defender
2012-2013
MARICOPA COUNTY OFFICE OF THE PUBLIC DEFENDER
620 W. Jackson Street, Suite 4015, Phoenix, AZ 85042
(602) 506-7711
pdinfo@mail.maricopa.gov


Annual Report
Maricopa County Office of the Public Defender
Mission
The mission of the Office of the Public Defender is to
provide quality legal representation to indigent
individuals assigned to us by the court, thus
safeguarding the fundamental legal rights of each
member of the community.
Goals
The Maricopa County Public Defender's Office provides tremendous value to the community by
serving an important public safety function. We seek effective dispositions for addressing the
underlying problems that contribute to our clients' criminal behavior, thus providing them with
their best chance to become productive and law-abiding individuals. Our goals are:
• To protect the rights of our clients, to guarantee that clients receive equal protection under
the law, regardless of race, creed, national origin or socioeconomic status, and to ensure
that all ethical and constitutional responsibilities and mandates are fulfilled;
• To obtain and promote dispositions that are effective in reducing recidivism, improving
clients' well-being, and enhancing quality of life for all;
• To work in partnership with other agencies to improve access to justice, develop rational
justice system policies, and maintain appropriate caseload and performance standards;
• To enhance the professionalism and productivity of all staff; and
• To perform our obligations in a fiscally responsible manner including maintaining cost
effectiveness by limiting the percentage of increase in the annual cost per case to no more
than the percentage of increase in the overall annual funding of the County's criminal
3 01 justice group.
2012-2
DEFEND PROTECT - ENHANCE - PROMOTE - IMPROVE - ENSURE -
I
Report PARTNER RESPOND PRODUCE - RESOLVE - ACHIEVE - REPRESENT - LEAD
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Department Initiatives
During the last fiscal year, the MCPD continued expansion of evidence-based initiatives focused
on reducing recidivism. An essential aspect of addressing root causes of criminal behaviors is
crafting effective dispositions whenever possible. To this end, MCPD has taken a leading role in
coordinating a highly effective Settlement Conference Committee, comprised of leaders from
the prosecution, bench, and defense. This committee provided two presentations to the Bench
in the Spring of 2013 and has addressed a number of common-ground needs to the betterment
of the criminal justice system as a whole. MCPD has also been integrally involved in a number
of evidence-based efforts with its partners on the Maricopa County Jail to Community Reentry
Council, including proposals for expanded diversion programs for eligible low risk offenders,
greater use of risk assessments in evidence-based release decisions, and incentivizing in-
custody defendants to engage in enhanced jail programming. We also continue to focus efforts
on the needs of Veterans through the Veterans Court, Regional Homeless Court, and annual
Veterans' Stand-down, which was expanded to address the legal needs for over 300 veterans
with cases in the Maricopa County Superior and Justice Courts during the March 2013 event.
In addition, we played a key role in changes to the Rules of Professional Conduct and Rules of
Criminal Procedure, including strengthening standards requiring attorneys to come forward
with exculpatory information, clarifying the language in plea agreement avowals for defense
counsel, and modifying procedures regarding plea cutoff deadlines. Further, we were leaders in
a number of substantive legal battles regarding victims' date of birth and witnesses dates of
birth as part of our ongoing effort to handle cases more effectively and efficiently.
Finally, MCPD's Juveniles in Adult Court Unit (JAC) continues to engage in cutting-edge,
innovative programming targeting at-risk youth. In addition to the efforts discussed in last
year's Report, JAC is expanding its involvement with Maricopa County Education Service
Agency's (MCESA) Transforming Juveniles through Successful Transition (TJST) planning
committee to direct and guide the work of Transition Facilitators. Our attorneys communicate
with these facilitators and probation officers in a joint effort to reduce recidivism among this
population.

Training Activities
The Public Defender Training Fund (PDTF) continues to be vital to the Office's mission. It
enables the Office to provide high-quality training for our employees, giving them the necessary
resources and tools to provide effective representation. Further, the PDTF enables the Office to
serve as a leader and primary sponsor for several statewide indigent defense training programs.
In anticipation of ongoing State and County budget issues, as well as a decrease in PDTF
funding, the Office continued to operate with several fiscal constraints. We maintained our
moratorium on out-of-state travel (with limited exceptions) and restrictions on in-state training.
Our conservative approach resulted in a training reserve of $227,440 at the end of the fiscal
year, which helps us start the year on a strong footing.
Training new public defenders from around the state remains a high priority. During the first
year of employment, attorneys attend a three part training regiment including Introduction to
Criminal Defense, Pretrial Practice, and Trial Skills. First year attorneys also attend the State Bar
Professionalism Course.
We also train attorneys with more than a year of experience by providing trial advocacy
technique courses. Our Fall Trial College focuses on case themes and theory, opening
statements, jury selection, and closing argument. It is taught by nationally known speaker Ira
Mickenberg. Participants met in small groups, brought a case of their own, and developed a
theme through which to tell their client's story of innocence in opening statement. They
practiced asking voir dire questions to expose jurors least open to believing their clients'
innocence. Attorneys practiced tying in the evidence and applicable law to support a legal
theory of innocence in closing argument.
Spring Trial College focuses on cross-examination, witness control, evidence, objections,
impeachment, and motive and bias. Attorney supervisors from our trial groups presented short
lectures. The participants met in small groups to apply the techniques learned. They cross
examined, controlled, impeached, and showed motive and bias of witnesses played by actors.
Participants received valuable feedback from mentor attorneys.
We supplement this training with the APDA Annual Conference (which the Office co-sponsors),
the Annual Death Penalty Conference, bi-monthly brown-bag lectures, technology training, and
2012-2013 publication of our Office newsletter for The Defense. We continue our partnership with the
Federal Defender's Capital Habeas Division to offer quarterly trainings on Capital Appeals and
1 Rule 32 proceedings. The train ings have been well attended and received.
Report
In summary, the Public Defender Training Fund remains a cost-effective and dynamic tool for
training public defenders and staff.
Annual

Training Events Summary
Ti le Of'Coriference Training Date(s) #01
attendees
Advocacy's Hidden Risk September 26, 2012 40
APDA June 26, 2013-June 28, 2013 330
Assault on a Health Care Worker And MH Updates April 19, 2013 11
Rest Practice Tips on Immigration Issues July 20, 2012 30
Capital Direct Appeals and PCR Training August 31, 2012
Capital Direct Appeals And PCR Training January 24, 2013 43
Capital Mitigation Workshop October 5, 2012 14
CHS, CEP and RTC May 8, 2013 37
Community Bridges: Drug Trends and Street Slang August 22, 2012 30
Community Bridges: Programs August 28, 2012 26
County Open Enrollment Overview April 24, 2013 19
Creating Forms in Word 2007 December 11, 2012 9
Criminal E-Filing Training August 9, 2012 17
Death Penalty December 5, 2012 108
Deferred Compensation Overview August 1, 2012 9
Disability Law July 17, 2012 18 7
DOC: Classification and Programs August 17, 2012 38
DUI Refresher RCC DT March 29, 2013 16
Excel 101 - Part 1 November 27, 2012 17
Fall Trial College November 29, 2012 21
Firearms Familiarization October 18, 2012 32
Flex Schedule Overview November 6, 2012 37
Forensic DNA Evidence March 28, 2013 36
Gideon V. Wainwright March 20, 2013 95
ICIS View Only for Public Defenders July 1, 2012-June 30, 2013 82
Immigration Consequences of Conviction - Part 1 May 10, 2013 25
Immigration Consequences of Conviction - Part 2 May 24, 2013 11
Interstate Compact May 17, 2013 37
Interview Tips and Techniques October 24, 2012 27
IRIS - Adding Other Case People July 24, 2012 7
IRIS - Case Initiation November 13, 2012 4
2012-2013
IRIS - Case Management July 1, 2012-June 30, 2013 77
IRIS - Case Management & Conflicts Checks October 22, 2012 5 I
IRIS - Records Management - Case Initiation April 2, 2013 1 Report
IRIS - Records Management - Updating and Closing April 8, 2013 1
- -
IRIS - Time Sheets July 1, 2012-June 30, 2013 9 Annual
IRIS - Updating and Closing Cases November 14, 2012

# of
Title Of Conference/Training Date(s)
attendees
Jail Visitation Overview March 12, 2013 40
Justice Court Training August 24, 2012 12
Life Care Planning August 10, 2012 22
Making Sense of Medical Records February 20, 2013 29
Microsoft Office 2007 Word February 27, 2013 1
Microsoft Office 2007 Word & Outlook March 20, 2013 1
Mitigation 101 July 13, 2012 25
Mitigation: Improving Your Skills July 13, 2012 14
New Attorney Training #1: Intro To Criminal Defense August 13, 2012- May 3, 2013 48
New Attorney Training #2: Pretrial Practice October 9, 2012-June 7, 2013 46
New Attorney Training #3: Trial Skills July 24, 2012-May 23,2013 42
New CRO Law! Mesa RCC March 26, 2013 11
New Employee Computer Training / Scanners July 1, 2012-June 30, 2013 78
Nuts And Bolts: Veterans Stand Down March 5, 2013 59
Offender Screening Tool COST) October 5, 2012 37
Plotter Presentation January 15, 2013 13
Professionalism in the Workplace July 31, 2012 22
Public Defender New Employee Orientation July 1, 2012-December 6, 2012 30
Public Defender New Employee Training December 10, 2012-June 10, 45
2013
Rea] Colors October 23, 2012 40
SCT: Courtroom Computer System Demo September 27, 2012 12
Search and Seizure November 2,2012 45
Spring Professionalism Course March 22, 2013 33
Spring Trial College 2013 March 14,2013 25
Understanding Blood Discovery August 24,2012 13
Webinar: Using Evidence Based Practices in Pretrial Decision Making October 26, 2012 8
Westiaw Training Ethics Database December 11,2012 2
Work Furlough and Reach Out Programs September 6, 2012 15
12-2013
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Organizational Chart
Jim Haas
Public Defender
Diane Terribile Jeremy Mussman Stephanie Conlon
Administrator Deputy Director Training Director
Susie Management Graham HRAssociates Training Staff New Attorneys
Analyst Cathryn Whalen New Attorneys
Attorney Manager Dan Lowrance
Early Representation Alltomey Manager
(RCC & PDC), PV, Trial Groups 1
Vacant Oscar Lopez Justice Courts, through 6, Law
Legal Support Central Services Specialty Groups Clerks, Interns
Manager Supervisor Vehicular
David Jones Derrick Reyes
Client Manager Services Services Administrative Supervisor Appeals, Capital, and
Major Fraud
Managing for Results, Statistics and Budgeting
Managing for Results (MFR) has been in place for thirteen years. It continues to be the primary
means of reporting Public Defender financial and statistical information to taxpayers and
County management. MFR data reported includes projections and historical actuals for: case
assignments (demand), case resolutions (output), expenses by case type (efficiency), and
measures geared for demonstrating effectiveness and/or efficiency (result). As previously
reported, the Office did revamp our MFR measures in 2010. The data trends resulting from the
modified measures continue to be used in our ongoing efforts to monitor the quality of our
representation. The ability to establish and monitor such
trends proved critical in FY13. It enabled the Office to identify a
dramatic increase in non-capital felony case demand along
with a reduction in resolutions. As a result, we were able to
justify a request for ten additional attorney positions.
2-2013
Along with MFR, the Public Defender also uses a fifteen criteria
case-weighting system. This additional system has been in use 201
since FY10. Reports generated from this system provide I
department-wide and individual attorney reports to Office Report
management and supervisors. These figures, used in conjunction with the supervisors' more-
Annual
detailed understanding of their attorney's cases, help ensure workloads are not excessive for

any particular attorney. They also help inform supervisors which attorney(s) might have the
ability to take additional cases.
Lastly, the Public Defender's Office came in under budget in FY13. Although within budget,
there was a continual struggle with the erratic nature of public defense representation.
Throughout the fiscal year, the Office was plagued with increasing expert witness expenses and
staffing issues. The dramatic demand increase referenced above created additional expert
expenses. Further, higher hourly rates were increasingly requested by expert witness
providers. Additional funds for expert witness expenses were requested for FY14 based on the
trending increases. The Office also experienced increased turnover, coupled with salary
compression issues that made it difficult to find, hire, and retain staff. Several initiatives were
set in motion during the latter half of FY13 to alleviate the aforementioned staffing issues. We
are hopeful that staffing/turnover levels will even out in FY14 as a result of these initiatives.
Budget Abstract
ACCOUNT EXPENDITURES
SALARIES & BENEFITS $31,492,648.23
GENERAL SUPPLIES $377,359.25
FUEL $11,566.83
NON-CAPITAL EQUIPMENT $57,796.11
LEGAL SERVICES $1,585,434.56
OTHER SERVICES $408,133.71
RENT & OPERATING LEASES $65,422.34
REPAIRS AND MAINTENANCE $166.05
INTERNAL SERVICE CHARGES $583,132.88
TRAVEL $35,658.58
EDUCATION $102,267.26
POSTAGE/FREIGHT/SHIPPING $40,733.27
CAPITAL EQUIPMENT $0.00
VEHICLES $0.00
DEBT SERVICES (Technology Financing) $0.00
TOTAL EXPENDITURES $34,760,319.07
2-2013
APPROPRIATIONS AMOUNT
201 GENERAL FUNDS $33,395,940.00
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TRAINING SPECIAL REVENUE FUND $479,705.00
Report FILL THE GAP SPECIAL REVENUE FUND $1,827,065.00
DEA GRANT $408,499.00
Annual
TOTAL APPROPRIATIONS $36,111,209.00

Statistical Abstracts
Cases Assigned
. -
FY08-FY12 Cases Assigned1'2
Case Type FY09 FY10 FY11 FY12 FY13
Capital 7 8 13 9 15
All other Homicide 160 126 129 151 128
Class 2-3 Felony 6,352 5,292 5,272 5,322 4,449
Class 2-3 Felony - RCC/EDC 2,835 2,579 2,191 1,996 1,715
Class 2-3 Felony - Non RCC/EDC 3,517 2,713 3,081 3,326 2,734
DUI 2,331 2,052 1,960 1,521 1,426
DUI - RCC/EDC 1,659 1,310 1,236 1,006 958
DUI - Non RCC/EDC 672 742 724 515 468
Class 4 -6 Felony 16,776 14,279 13,574 13,206 13,429
Class 4, 5, & 6 Felony - RCC/EDC 13,061 11,344 10,269 9,751 10,163
Class 4, 5, & 6 Felony - Non RCC/EDC 3,715 2,935 3,305 3,455 3,266
Violation of Probation 15,235 12,216 12,259 13,358 13,922
Misdemeanor 3,176 2,896 2,763 2,157 2,329
Trial Division Total 44,037 36,869 35,970 35,724 35,698
Mental Health Total 3' 4 3,453 3,572 3,521 0 0
Appeals (includes Capital) 371 467 380 272 224
Plea PCR (Appeal PCR) 243 374 191 175 168
Trial PCR (PCR) 70 133 75 78 72
Juvenile Appeal 38 23 1 0 0
Appeals Division Total 722 997 647 525 464
Total of Above 11011_ 44,759 37,866 _ 36,617 36,249 36,162
1 Data after 2007 is updated as information available. Previous years data may not match older reports.
2 Total cases opened minus cases closed during the time period with the following dispositions: no
complaint, administrative transfer, and workload withdrawal cases.
3 Effective FY12 the Mental Health unit was transferred to the Office of the Public Advocate
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Cases Resolved
History of Cases Resolved by Case Categories
FY09-FY13 Cases Resolved1,2
Case Type FY09 FY10 FY11 FY12 FY13
Capital 8 21 10 4 8
All other Homicide 106 88 63 65 66
Class 2-3 Felony 4,276 3,929 3,342 3,409 2,756
Class 2-3 Felony - RCC/EDC 1,4% 1,533 1,277 1,070 981
Class 2-3 Felony - Non RCC/EDC 2,780 2,396 2,065 2,339 1,775
DUI 2,007 1,738 1,588 1,275 1,034
DU/ - RCC/EDC 1,266 1,091 957 736 648
DUI - Non RCC/EDC 741 647 631 539 386
Class 4-6 Felony 15,282 12,968 12,096 11,449 11,306
Class 4, 5, & 6 Felony - RCC/EDC 11,175 9,933 9,318 8,420 8,651
Class 4, 5, & 6 Felony - Non RCC/EDC 4,107 3,035 2,778 3,029 2,655
Violation of Probation 14,132 11,783 11,236 11,952 12,826
Misdemeanor 2,827 2,726 2,381 1,993 2,033
Trial Division Total 38,638 33,253 30,716 30,147 30,029
Mental Health 3'4 3,358 3,510 1,110 0 0
Appeals (includes Capital) 334 441 379 310 270
Plea PCR 329 223 176 213 146
Trial PCR 47 64 61 41 23
Juvenile Appeals 22 41 5 1 0
Appeals Division Total 732 769 621 565 439
Total of All Above 42,728 37,532 32,447 30,712 30,468 ,
1 Data after 2007 is updated as information available. Previous years data may not match
older reports.
2 Case resolutions are total cases closed during the fiscal year, minus cases closed during the
fiscal year that were not resolved by the office directly (i.e., reduced by cases in which no
complaint is filed, private counsel is retained, conflict withdrawals, workload withdrawals, and
transfers to another IR department).
3Beginning FY09, Mental Health case assignment methodology was revised. In prior years, a
new case was created in the event of Judicial Reviews, Annual Reviews or Review Status
Hearings. The revised process and procedures have been changed so that when such events
occur, the original case is reactivated instead of creating a new case in IRIS.
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4 Effective FY12 the Mental Health unit was transferred to the Office of the Public Advocate.
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