The Sarpy County Public Defender’s Office stopped accepting new misdemeanor appointments last week, citing the office’s felony caseload.

In a letter to judges earlier this month, Sarpy County Public Defender Thomas P. Strigenz said his office would stop accepting misdemeanor appointments starting last Monday, Nov. 18.

“I am sorry if this decision causes any issues or problems for the County Court,” Strigenz wrote in the letter. “It has been the pleasure of my office to zealously represent Misdemeanor clients and to appear before you in your respective courtrooms.”

Strigenz said his office will no longer receive new appointments on misdemeanor cases, including violation of probation, regardless of whether a public defender was appointed on the case in chief. 

The three assistant public defenders who had been working misdemeanor cases will finish out cases they were already assigned. They will start receiving felony case assignments starting Jan. 1.

Private attorneys will be appointed to misdemeanor cases for which the county must provide legal defense, Strigenz said.

Strigenz told The Daily Record that state statute requires his office to represent people accused of felonies, but other jurisdictions have taken different approaches to misdemeanor appointments.

The office is seeing more major felony cases as the population of the county continues growing. Those cases require more time, driving up the workloads given to the assistant public defenders.

“Every case, from the time we get appointment, the client needs to be spoken to, the case needs to be investigated, research has to be done and decisions have to be made, and that all takes time,” he said. “Although my attorneys have been making a heroic effort on this, and no case has suffered, it is time to make some changes.”

Strigenz requested the addition of two assistant public defenders in last year’s budget cycle, but the Sarpy County Board of Commissioners rejected the spending increase. Strigenz indicated that he plans to ask for three additional assistant public defenders for the 2021 fiscal year, which would allow his office to resume accepting misdemeanor appointments.

In a statement, Sarpy County Board Chairman Don Kelly said no one would go unrepresented, as misdemeanor cases will be assigned to attorneys on contract.

Kelly said the cost to add three assistant public defenders would be nearly $400,000 each year. The average attorney salary with benefits is $132,407 per attorney.

“The County Board has determined that cost is too high,” Kelly said in a statement. “The Board will continue to work with Mr. Strigenz to identify the proper staffing level to represent indigent clients without placing an undue tax burden on our residents.”

He said he believes using private attorneys will be more expensive, because there is no cost control. The caseload ebbs and flows, and it depends on how many cases are filed by the Sarpy County Attorney’s Office.

“They have to weigh the cost-benefit analysis,” he said. “Ultimately, do I believe the cheapest way to do this is to hire additional assistant public defenders?”

As the county continues growing, Strigenz said he doesn’t expect criminal cases to decrease – and in particular, major cases are likely to continue to demand the attention of public defenders.

Regardless of who provides the defense, and how it’s paid for, the county will make sure indigent defendants have legal counsel. Strigenz said the changes should not negatively affect those clients.

“They need to know that they’re going to be represented by an attorney if they qualify,” he said. “Their rights are paramount in this whole scenario.”