Comments Document

The attached document contains my written testimony.

As you may know, attorneys willing to take ourt-appointed criminal cases has dwindled considerably in the last 2-3 years. Because of inflation, the pressure to refuse appointments will become greater. Criminal defendants have both a statutory and constitutional right to counsel, and at the public expense, if deemed indigent. The State cannot force attorneys to work for substandard pay (see the 13th amendment to the US Constitution). Therefore, it should be of great concern that an exodus of attorneys from taking court appointments- both as a matter of economics (civil rights actions against the Commonwealth) and efficient government. God bless you all, and I trust that you will do what is right for this great state.

VACDL strongly urges this subcommittee to approve passage of SB 940 (increasing court-appointed fees) and SB 1302 (requiring in writing from trial judges when court-appointed fee waivers are refused). Court-appointed attorneys are essential for the administration of justice, the protection of citizens Sixth Amendment rights to counsel, and fundamental fairness in our criminal system. Court-appointed fees in Virginia have not been raised since the early 2000s, and that was an increase of $100 an hour to $120 an hour at the misdemeanor level. This is simply insufficient compensation for a competent attorney who has viewed body camera, engaged in discovery and investigation, pursued research, and advocated for their client. Not to mention a fully jury trial and potential sentencing. Courts are struggling to maintain their court-appointed attorney lists in Virginia, and this will only continue with such poor compensation. A fair court system requires fair pay. VACDL urges the passage of SB 940 and SB 1302.

Court appointed attorneys in the Commonwealth of Virginia are one of the lowest paid in the U.S. The amount of time, energy, and hours put into defending indigent individuals is more than most attorneys put into a retained matter. I can personally attest to being in court for more than 16 hours on several occasions, not to mention the many hours placed into preparing for those 16 hours, only to receive $120 total for that case. Furthermore, court-appointed cases are normally the neediest clients who will contact their attorneys constantly because they know they do not have to pay. While I take pride in my work, I will make sure my clients receive the full efforts and attention of a retained attorney; however, there are many days I question why I still agree to take court-appointed matters when I could be billing retained clients instead. There are many who have already removed their names from the court-appointed lists, and we are dwindling in number, and it is even less of those who actually do the work and we are the most abused. Indigent clients need proper representation also, and the courts need more attorneys to step up, but it is very hard to convince anyone making $250+ an hour on retained cases to spend double the time and less than half the pay to help those in need. Please vote in favor of fee increases for court-appointed attorneys. We are a dying breed who are under-paid and under-appreciated, and we need a reprieve. Thank you for your consideration.

I am a registered voter in the State of Virginia and a member of the Valley Justice Coalition. We strongly support SB1282 Community Service Work in Lieu of Payment of Fines. Our organization has tried to helped several who are incarcerated and have asked us to help contact their county/city where they received their sentence. Some localities are eager to permit them to apply their earnings to their fines/fees and other counties have refused. Some have even told me they weren't even aware of the program. All were eager to work and repay their debts, but not all localities were open to allowing them to pay them while working in a prison facility. This needs to be changed and made more equitable. Please Vote YES for Senator Boysko's SB1282 Community Service Work in Lieu of Payment of Fines. Thank you.

VACDL strongly urges this subcommittee to approve passage of SB 940 (increasing court-appointed fees) and SB 1302 (requiring in writing from trial judges when court-appointed fee waivers are refused). Court-appointed attorneys are essential for the administration of justice, the protection of citizens Sixth Amendment rights to counsel, and fundamental fairness in our criminal system. Court-appointed fees in Virginia have not been raised since the early 2000s, and that was an increase of $100 an hour to $120 an hour at the misdemeanor level. This is simply insufficient compensation for a competent attorney who has viewed body camera, engaged in discovery and investigation, pursued research, and advocated for their client. Not to mention a fully jury trial and potential sentencing. Courts are struggling to maintain their court-appointed attorney lists in Virginia, and this will only continue with such poor compensation. A fair court system requires fair pay. VACDL urges the passage of SB 940 and SB 1302.