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RECEIVED - .A2r FEB 2 6 2014 tAARIDOPt. COUNTY CLERK BOARD OF SUPERVISORS OFFICE OF THE LEGAL DE NDER MARICOPA COUNTY Marty Lieberman, Legal Defender Table of Contents Executive Summary 3 Organization Chart 4 Department Overview 5 Accomplishments 6 FY13 Annual Report TramingActivtties 8 Statistical Abstract 10 ••I •=.111.•• • 4.•01... Y.4-4 I-•• I • **** * MISSION The mission of the Maricopa County Office of the Legal 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. VISION STATEMENT In order to provide the highest quality legal representation to our clients, the Legal Defender will: • Ensure that every client receives high quality and aggressive representation without regard to their economic or social situation and without regard to the nature of the accusations against them. * Defend the Constitutions of the United States and the State of Arizona. • Protect our clients from any governmental overreaching. Consistently seek just and equitable treatment for our clients. 2 EXECUTIVE SUMMARY Fiscal Year 2013 was a challenging year for the Office of the Legal Defender (OLD). In June, founder, friend and mentor, Bob Briney, passed away. Bob's presence will forever be a part of OLD. In addition to the personal rela- tionships he made, his founding philosophy, to acquire exceptional staff and provide them with modern equipment, remains a guiding light for the office. It is a privilege to work at OLD and to work with a staff dedicated to serving the underserved of our community each and every day. In addition to honoring Bob's passing, this summary focuses on improved employee job satisfaction and improved delivery of services to clients through information technology up- dates. Bob Briney In 1995, County Manager David Smith approached Robert "Bob" Briney and asked whether he would be willing to start-up an alternative Public Defender office for Maricopa County. Bob accepted the assignment and went about building an office founded on the principles of rendering excellent legal defense to the indigent while efficiently and cost-effectively handling the burgeoning number of indigent defense cases. Over the course of his 15 years with the Office of the Legal Defender, Bob not only accomplished these goals, but did so while building an office that served as a surrogate family to many of its members. Working for the affectionately named OLD became a point of pride for many litigators in the Criminal Defense community and today the office strives to build on Bob's legacy to serve the underserved. Bob passed away on June 17, 2013. Ten days later, at the statewide Arizona Public Defender Association Conference, Bob was awarded the Lifetime Achievement Award for his many years of service to the Arizona Public Defense community. Employee Satisfaction Survey In FY13, the Office continued to receive high marks in the Employee Satisfaction Survey (ESS). Office-wide participation in the survey was 100% and overall employee satisfaction increased from 83% in FY12 to 84% in FY13. The office remains focused on improving employee satisfaction. Data and comments acquired during the ESS are used to develop policies, procedures and practices that strengthen the office moving forward. Technology Updates In FY13, the Office worked to build a stronger partnership with the Office of Enterprise Technology (OET) in order to improve overall information technology services for staff. Office management established bi-weekly meetings with OET management to address service and IT issues. As a result of these meetings, a number of IT improvements were realized. Entering FY13, the Office had dozens of outdated computers initially purchased and deployed in 2004/2005. Working with OET, the Office was able to obtain newer machines held in surplus through other County-wide purchases. At no additional expense to the County, 23 newer machines were deployed. In addition,] newer computers were added to the Durango Court Facility, giving each JD/JS attorney at Durango an opportunity to complete work while at the courthouse. Additional IT improvements included deployment of iPhones, an office-wide upgrade to Windows 7 and a move from Westlaw to Westlaw Next, expediting case research time. 3 ORGANIZATION CHART Marty Lieberman Director Michael Jones Rick Miller Paul Ivy Rhonda Robert Bushor Law Office Deputy CR Attorney O'Neai JDJS Appeals Administrative Director Supervisor EDC/RCC Attorney (2) Manager Supervisor Supervisor 1 I 1 ! Greg Carson Lisa Tracy 1 Investigations Bolinger VW'lams Capital 20 12 14 Cathy Woodruff Maria Autumn Supervisor Director of Paralegal Unit Criminal Poyner Maya Mitigation Supervisor (12) Support Staff Records JDJS Services Supervisor Supervisor Support Staff Supervisor 4 12 Administrative Staff (4) Support Staff (2) 4 DEPARTMENT OVERVIEW Attorneys & Staff At the close of FY13, the Office of the Legal Defender had 122 budgeted positions, consisting of 111 full- time positions and 11 part-time or on-call positions. The Office employs 64 attorneys and has 59 employees filling positions in management, administration and support staff. The Office of the Legal Defender scope of representation is divided into three divisions: Criminal Felony (Including Capital), Juvenile Dependence/Severance (JDJS) and Appeals. Awards & Service In FY13, two employees with the office were recognized by the Arizona Public Defender Association (APDA) for their exceptional work and service on behalf of indigent defense. Attorney Bob Bushor was awarded the 2013 "Outstanding Urban Attorney" award. This award recognizes an attorney from Maricopa or Pima Counties who has demonstrated exceptional dedication, done outstanding work and made a significant impact for clients. Bob Bushor serves as an Attorney Supervisor for the Juvenile Dependency/Severance Unit. Bob joined OLD in 1998 and for over 15 years he has consistently provided exceptional service to clients while serving as a mentor to many attorneys in the office. Anna Riddle was awarded the 2013 "Outstanding Urban Administrative Professional" award, which recognizes a legal secretary, secretary or administrative assistant from Maricopa or Pima Counties who has demonstrated exceptional dedication, done outstanding work or made a significant impact for clients. Anna joined OLD in 2006 and has served as the office Accounting Specialist. In her seven years with OLD, Anna has shown a steady hand at the till. Anna has a mastery of Maricopa County procurement policy and constantly seeks out the best use of public monies. Anna is also very dedicated to her co-workers and our clients, as evidenced by her constant willingness to arrange last minute travel and purchases. In addition to these award recipients, many office members volunteered at the statewide APDA conference. Sheena Chawla, Genene Dyer, Michael Jones, Michael Lee, Anne Phillips and Zach Storrs all served as faculty; Lauren Swetnam, Michelle Wahlman and Frank Rangel helped set-up and clean-up at the conference. Having staff members volunteer at APDA helps reduce overall conference costs. The Legal Defender Legal Externship Program The Office of the Legal Defender is committed to the development of future attorneys and promoting the benefits of public service and indigent representation. In FY13 the Legal Defender hosted 11 externs. Five externs participated through Arizona State University Sandra Day O'Conner School of Law, another five participated through the Phoenix School of Law and one extern joined the office by way of Valparaiso School of Law. The Legal Defender externship program immerses students in the demanding and rewarding work performed by our attorneys. Externs meet with clients, participate in case strategy meetings, make Rule 38 court appearances and conduct detailed research on relevant case law and legal issues. Since 1997, over 50 externs have participated in the Office of the Legal Defender Externship Program. The office is very proud to have helped play a part in the education and training of young attorneys. Many OLD externs have went on to have very successful careers in law and public service. In fact, in FY13, former OLD legal extern Kyrsten Sinema was elected to Congress, and now represents Arizona's 9 th Congressional District. 5 ACCOMPLISHMENTS Diversity During FY13, the Office of the Legal Defender continued its commitment to embrace diversity. Attorney Ann Woodrick and Mitigation Specialist Rose Rubio-Gaytan were recruited to represent OLD at the County Management Team's Diversity & Inclusion Focus Group and, to that end, attended a number of meetings during FY13. The Office's own Diversity Council continues to gain momentum. The Council meets on a monthly basis and membership includes support staff, attorneys, management and administration. The Diversity Council generates a monthly newsletter featuring informational articles about holidays and observances celebrated world-wide. Additionally, the Diversity Council hosted a number of events throughout the FY13 year: a Hispanic Heritage celebration in September, 2012; a "Cans for Cupcakes" food drive benefiting St. Mary's Food Bank in March, 2013 (raising over $135.00 in cash and collecting approximately 140 non-perishable food items during the two-hour event); and a cookie reception on May 21, 2013, which featured flags from all over the globe in honor of the United Nations "World Day for Cultural Diversity for Dialogue and Development." These events were well-received and well-attended by Office staff. The Combined Charitable Campaign In FY13, the Office stepped up efforts to encourage charitable giving through the Combined Charitable Campaign. As a result, office participation increased by 11% from the previous year. Legal Secretary Tina Stewart spearheaded the efforts, raising a total of $9,205.74. Adopt -A-Family The Office continued its long-standing tradition of adopting a family in need during the 2012 holiday season, this time being paired with a family via The Salvation Army. Many Legal Defender employees generously reached into their pockets to help purchase shoes, clothing, toys, sheets and towels, as well as personal care items for the family of six. 6 Volunteer Activities Demonstrated below are just a few examples of how members of the Office of the Legal Defender donate time, effort and in many instances, financial resources to those in need across our community. Attorneys Shah Amiri and Ann Woodrick volunteer at weekend "Trap, Neuter, Return" clinics partnered with the Animal Defense Leave of Arizona; • Attorney Ann Woodrick participated in "Hopefest Phoenix 2013", a community outreach event held at Chase Field in April, 2013; • Paralegal Rick Chavez volunteered several times with "Feed My Starving Children", packing meals to be delivered to impoverished communities in countries around the world; • Mitigation Assistant Loyda Garza routinely volunteers with her church for special events, including a back-to-school drive held in July, 2012; • Attorney Genene Dyer dedicates five hours a month to providing free legal consultations to members of her church; • Attorney Amanda Lauer likewise provides free legal assistance a minimum of four times a year; • Mitigation Specialist Rose Rubio-Gaytan often volunteers at St. Louis the King Catholic School; • Investigator Frank Rangel volunteers with St. Vincent de Paul; • Paralegal Supervisor Tracy Williams routinely volunteers at Coronado High School by working the concession stands during football games; and • For the last six years, Legal Secretary Isabel Sanchez, has volunteered countless hours as the manager/promoter of the Azteca Boxing Club, founded by her husband, Jose, in 1998. The Azteca Boxing Club offers a safe, nurturing environment to 40 at-risk, low-income children. Isabel is tasked with locating sponsors to help defer the cost of equipment, uniforms and travel expenses, but often times, will reach into her own pocket to help fill the gap. Their efforts are paying off: Last year, Azteca Boxing Club had two representatives compete in the finals for a spot on the 2014 Olympic Boxing Team. 7 TRAINING ACTIVITIES The Office of the Legal Defender views training as a fundamental element to providing high quality legal representation. The office is committed to being fiscally responsible, and actively seeks cost-saving measures in order to stretch its training budget Examples of savings are highlighted be- low. • Advanced Forensic Academy (September, 2012-November, 2012) - Hosted by the Arizona Attorney General's Office, this 8-week training course was attended by one attorney at a cost of $300.00. • The Fight for Life 2012 (December, 2012) - The Office partnered with the Maricopa County Public Defender, the Maricopa County Office of the Legal Advocate and the Federal Public Defender to sponsor this annual death penalty conference. By sharing the cost with other agencies, our Office was able to send 16 attorneys and 14 support staff to two days of training for $4,000.00, or $133.33 per person. • ELE West Annual Criminal Year (April, 2013) - A discounted registration rate was negotiated for this seminar, for a total savings of $175.00. • MCLAP Seminar (April, 2013) - Transportation and lodging expenses for this seminar, held in Texas, were reimbursed by MCLAP - a savings of $433.51. • Presumed Guilty (May, 2013) - The State Bar extended a 20% discount to registrants, resulting in a savings of $96.90. • GRACE Mitigation Skills Bootcamp (May, 2013) - This three day seminar, held in Houston, Texas, required no registration fee. Additionally, GRACE volunteers provided ground transportation to/ from the airport and to/from the hotel/conference location at no cost to the Office. • APDA 2013 (June, 2013) - This annual conference draws together public defender agencies from around the State and, in addition to camaraderie and support, offers training on a variety of topics over the course of three days. 100 members of OLD attended the APDA conference for $13,795.00, or approximately $137.95 per person. 8 The Public Defender Training Fund The Public Defender Training Fund (PDTF) is a critical tool in providing access to training for attorneys and staff. Over the course of FY13, the PDTF supported 205 training slots for Office team members. 110 Du Topic Attetrdee5 Nancy Pensis July, 2012 Leadership Coaching 1 Skip Tracing Aug., 2012 Investigator Training 1 NACDL - Making the Case for Life Sep., 2012 Capital Case Training 12 Nancy Pensis Sep., 2012 Team Development 6 AZ AG Advanced Forensic Science Academy Sep.-Nov., 2012 Forensic Science 1 AWLA Seminar Oct, 2012 JD/JS 1 Nancy Pensis Oct., 2012 Leadership Coaching 1 NACDL -Defending the Drug Case Nov., 2012 Trial Skills 6 SBOA - Working w/Court of Appeals Nov., 2012 Trial Skills 2 Lawprose - Writing and Oral Argument Nov., 2012 Writing/Editing Skills 1 _ The Fight for Life Dec., 2012 Capital Defense Training 30 AACJ Winter Seminar Jan., 2013 Trial Skills 5 National College for DUI Defense Jan., 2013 Trial Skills 1 CACJ Capital Case Seminar Feb., 2013 Capital Case Training 10 Best for Babies Feb., 2013 JD/JS 5 MCLAP - Mitigation April, 2013 Mitigation Training 1 CLE West - 31 5t Annual Criminal Year April, 2013 Trial Skills 5 Seminar GRACE - Mitigation Bootcamp May, 2013 Mitigation Training 1 AACJ - Annual Aggressive Defense of Ac- May, 2013 Trial Skills 1 cused Impaired Driver SBOA - Presumed Guilty May, 2013 Trial Skills 7 SCHR/NACDL Capital Voir Dire Training May, 2013 Capital Training 2 Trial Lawyers College June, 2013 Capital Training 1 CLE West Roger Dodd - Advanced Con- June, 2013 Trial Skills 2 stTuctive Cross Examination SBOA Annual Convention June, 2013 Trial Skills 1 Serious Surveillance June, 2013 Investigator Training 1 _ 11th Annual APDA Conference June, 2013 Various Topics 100 9 STATISTICAL ABSTRACT The following pages provide a statistical abstract of budgeting, case assign- ment and case resolution for the Office of the Legal Defender. In FY13 the Office of the Legal Defender once again delivered all essential services while staying within budgetary constraints. Legal Defender Expenditures FY13 I 10 Cases Assigned History of Cases Assigned by Case Categories FY1O-FY13 Cases Assigned' Case Type FY10 FY11 FY12 FY13 Capital 14 4 9 5 All other Homicide 35 52 44 41 Class 2-3 Felony 1,094 1,078 1,084 1,135 Class 2-3 Felony - RCC/EDC 466 418 417 447 Class 2-3 Felony - Non RCC/EDC 628 660 667 688 DUI 108 136 145 176 DUI - RCC/EDC 95 82 86 139 DUI - Non RCC/EDC 13 54 59 37 Class 4-6 Felony 4,310 4,251 4,013 3,304 Class 4, 5, & 6 Felony - RCC/EDC 3,743 3,666 3,441 2,840 Class 4, 5, & 6 Felony - Non RCC/EDC 567 585 571 464 Violation of Probation 507 420 431 319 Trial Division Total 6,068 5,941 5,726 4,980 Dependency 1,121 1,561 1,572 1,174 Appeals L N/A S7 99 72 Totzl of Abbve 61, 1 Total cases opened minus cases closed during the time period with the following dispositions: no complaint, administrative transfer, and workload withdraw cases. 11 Cases Resolved History of Cases Resolved by Case Categories FY10-FY13 Cases Resolved' Case Type FY10 FY11 FY12 FY13 Capital 14 4 6 3 All other Homicide 19 27 30 25 Class 2-3 Felony 916 787 682 830 Class 2-3 Felony - RCC/EDC 338 284 253 297 Class 2-3 Felony - Non RCC/EDC 578 503 429 533 DUI 84 99 105 134 DUI - RCC/EDC 77 75 61 96 DUI - Non RCC/EDC 7 24 44 38 Class 4-6 Felony 4,232 4,159 3,604 3,212 Class 4, 5, & 6 Felony - RCC/EDC 3,591 3,676 3,097 2,715 Class 4, 5, & 6 Felony - Non RCC/EDC , 641 483 507 497 Violation of Probation 507 420 406 308 Trial Division Total 5,772 5,496 4,833 4,512 Dependency 1,040 1,241 1,300 905 Appeals N/A 28. 69 7 8 * . [ n ...ti: r 1 Total cases closed during the fiscal year, minus cases closed during the fiscal year that were not resolved by the office directly (Le, re- duced by cases in which no complaint is filed, private counsel is retained, conflict withdraws, workload withdraws, and transfers to another IR department). 12