Kristie DeFreze, (photo at right), an attorney with the Bonarigo & McCutcheon law firm in Batavia, made that observation this afternoon as she presented a review of the indigent legal services unit during the Genesee County Legislature’s Public Service Committee meeting.
“I think that, in some form, it is here to stay – at least in Family Court,” said DeFreze, noting that she see positives and negatives to conducting court proceedings remotely via Zoom or other type of videoconferencing. “For certain court appearances, they will keep it around.”
DeFreze said that virtual sessions seem to have cut down on court time and waiting time – as well as expenses – but have led to an increase in time spent communicating with clients and other parties.
County Attorney Kevin Earl agreed, stating that virtual meetings are good for routine appearances, such as traffic court cases, but “when it comes to hearing and trials, it’s very difficult to know ahead of time what exhibits you need, (which can lead to delays).”
The decision to continue remote proceedings rests with the administrative judge of the judicial district, she said. That position in this area – the 8th Judicial District – currently is held by Paula L. Feroleto.
In reporting the makeup of the panel attorneys in Genesee County, DeFreze said that most of the lawyers practice outside of Genesee County.
On the criminal panel, nine of 13 are from outside the county; on the family panel, eight of 12 are from outside the county; and on the appeal panel, five of six are from outside the county.
When asked why this was, she said it is a matter of dollars and cents.
“We have a smaller pool here when compared to Erie and Monroe counties, plus the pay rate is very low,” she said.
While attorneys may normally charge $150 to $300 an hour for their services, they receive only $60 an hour for criminal cases, and $75 an hour for felony or family court cases in which they are called upon to step in for the county public defender’s office.
“We’re working to increase that rate … which would give local attorneys more incentive to get on the panel,” she said.
DeFreze said that referrals are up in family court from 117 in 2020 to 151 so far this year, and down in criminal court from 120 in 2020 to 110 this year. She pointed out that the time frame for the 2020 referrals was from Jan. 1 through June 15.
She reported that the assignment backlog due to COVID shutdowns has mostly caught up in family court because the court has been accepting filings and scheduling appearances for the second half of 2020 through the present. On the criminal side, she said there is a backlog because justice courts have just starting scheduling sessions on appearance tickets in the last month.
Going forward, DeFreze, who contracts with the county as the Assigned Counsel administrator, said she is looking into establishing an electronic voucher system for attorneys’ clock hours/reimbursement along with a resource office outside of the courthouse for lawyers to meet with clients and potential witnesses and have access to equipment such as a printer and scanner.
She said that additional expenses incurred would be paid out of a state grant specifically to enhance delivery of public defense services in four key areas: counsel at arraignment; caseload relief; initiatives to improve the quality of indigent defense; and eligibility standards for representation.
“I will work with the county attorney on the appropriate process for review and comment on these updates,” she reported. “This will allow us to ensure quality representation for our indigent defendants and family court parties, and more efficiently track the statistics required for annual reporting.”
