Luzerne County Government

June 25, 2010

Report on office sparks a quarrel

Commissioner Urban, Al Flora at odds over data in study on public defender’s office.

By Steve Mocarsky smocarsky@timesleader.com
Staff Writer
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A request for additional staffing for the Luzerne County Public Defender’s Office in a report containing supporting statistical data has put Chief Public Defender Al Flora and Commissioner Stephen A. Urban at odds.

Urban says Flora “hasn’t been doing his homework,” while Flora finds some of Urban’s comments “bizarre” and called him a “disgrace to his office.”

Neither Urban nor Flora would discuss specifics in the report or release a copy to the newspaper because they didn’t know if all county officials who received a copy had a chance to read it.

Urban did say the fact that the public defender handles 83 percent of the criminal cases in the county “needs to be investigated. Are we simply giving a public defender to anyone who asks for one?”

Regarding those accused of drug dealing, Urban said they don’t show income “on their W-2 forms, but they had money coming in. … And (drunken-driving suspects) have enough money to go get drunk, but they don’t have enough money to hire a lawyer?” Urban said, suggesting the office wasn’t asking “the right questions” on applications.

Urban also said that rather than compare salaries of public defenders in Luzerne County to those in Lackawanna County or rural areas, Flora used comparisons to offices in Harrisburg, Philadelphia and New Jersey, places where the cost of living is higher. He also said Flora failed to factor in retirement and health-care benefits.

“He’s not looking at the cost to the county, so, again, he’s not doing his homework,” Urban said.

He suggested Flora “should look into forfeiture laws” related to drug money seizure as a source of potential funding “instead of digging deeper into the taxpayers’ pockets and making them pay more.”

Urban said Pennsylvania is one of the only states that provides no state funding for the public Defender’s Office and “there needs to be some legislative changes made.” He also noted the office is handling a significant number of mental-health patients.

“Maybe some mental-health monies could be used to defend those people. Simply adding more people and not changing the culture is not going to solve the problem,” Urban said.

Flora: Troubling remarks

Flora said he was “troubled” by Urban’s remarks, saying they were “representative of someone who is incompetent and incapable of understanding” the contents.

He said the report “contains nationally accepted standards and ethical standards that apply to lawyers in public defender offices. I provided the commissioners with a host of information I’m prepared to address with them at an appropriate time and place.”

Flora said his office uses criteria for determining indigent clients based on standards published by the U.S. Department of Health and Human Services poverty income guidelines, which sets the level for a one-person household at $10,830 per year.

“I can’t imagine what it’s like to live on $10,000 per year. I don’t understand how he (Urban) can suggest that these people don’t deserve representation. It appears he has no respect for anyone who is impoverished. And based on his remarks, it appears he believes anyone charged with a crime is guilty,” Flora said.

He said his office doesn’t have the authority to use forfeiture funds. He said he believes much of that money is used for victims’ restitution.

Flora said it’s not his job to try to have laws changed for additional funding. “I’m not the legislator. … I’m not the elected official; (Urban) is,” he said.

Flora also noted he put together the report within two months of his appointment, something he said has never been done in the history of the county for any office.

He said he prepared it in light of the recommendations of the Interbranch Commission on Juvenile Justice after the juvenile justice scandal in the county. Flora said he thought the commissioners should be aware of what the office was doing to address those recommendations and the resulting staffing needs.

The office revamped its policies last September to require all juveniles be provided publicly funded counsel if they do not have a private attorney. The office previously handled 100 to 200 cases per year prior to the revision. As of January this year, it has already taken on more than 140 cases, all of which are being handled by a single full-time public defender.

Flora’s office operates on an annual $2 million budget. He said the first assistant position he held before his appointment has been vacant since March 17, a part-time public defender position has been vacant since January 2009 and a clerical post has been vacant for some time. His office employs six full-time and 15 part-time defenders, one office administrator, one chief investigator, two investigators and some clerical staff.

Fueling the feud

Another part of the feud stems from the way the media became aware of the report.

Urban criticized Flora for alerting the media to the report before commissioners had a chance to read it, while Flora blasted Urban for publicly criticizing the report without discussing it with him.

Urban said Flora dropped it off for the commissioners on Monday afternoon, “and Tuesday, the press is calling (about it).”

Flora said he didn’t approach the media.

In an unrelated conversation with a Times Leader reporter on Tuesday, Flora mentioned that compiling a report on his office’s caseload was one of the things he has been doing since he was appointed chief public defender on May 12 after Basil Russin’s resignation.

When the reporter asked for a copy of the report, Flora referred the reporter to commissioners and declined to discuss its contents because he didn’t know if commissioners had a chance to read it yet.

Commissioner Chairwoman Maryanne Petrilla said in an e-mail that she “briefly went through” the report and “pass some questions on to Human Resources department that they are working on.” She plans to read the entire report this weekend.

Commissioner Tom Cooney said he read the report and found it “comprehensive.”

Cooney said Flora “spelled out the responsibilities of the office and pointed out shortfalls caused by an increased workload precipitated by picking up coverage of indigent clients for contempt proceedings and mental health hearings as well as all juveniles facing criminal charges.

He said it appears Flora’s office has attorney salaries “misaligned with salaries of other attorneys working for us in the county.” He hopes to “sit down and somehow address some of the issues he’s raising.”

County solicitor Vito DeLuca said he is reviewing whether the report is considered a public record and can be released to the media.

Steve Mocarsky, a Times Leader staff writer, may be reached at 970-7311.

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