After three months on the job, Allegheny County's public defender isn't shy about diagnosing problems in his beleaguered office, including under-performing attorneys.

“If they're doing a good job, they should get rewarded. In the past if you did a good job, you got more work with no promotion, no raise. There needs to be an incentive,” Chief Public Defender Elliot Howsie said. “And for employees who are not doing their job appropriately, they have to be uncomfortable.”

County Executive Rich Fitzgerald in March appointed Howsie, 44, of the North Side to take over the office of 70 attorneys from former head Michael Machen. Howsie was named months after the American Civil Liberties Union released a blistering report showing the office was failing in its primary function, to adequately represent indigent defendants.

Vic Walczak, the state's ACLU legal director, said he recently met with Howsie and Fitzgerald to discuss issues in the office, including Howsie's plan for four new supervisory positions. Walczak said additional supervisors would be helpful.

“Our (previous) concerns about the representation given to clients is still a concern,” Walczak said. “But my assessment was that the trajectory was up. The jury's out. He hasn't had enough time yet but most of what I'm hearing is positive.”

The ACLU persuaded a Luzerne County judge last week to order the county to provide adequate funding for its public defender office, Walczak said.

“We told (Allegheny) county we would give them time to make changes and improvements,” he said.

Howsie, a former prosecutor, outlined his plans to improve the office, which focus in part on more supervision and accountability. He plans to create three supervisor positions in the trial division, which has 34 attorneys. Previously those attorneys reported to one deputy public defender. The trial attorneys will go into three groups and be assigned to specific courtrooms. He also plans to hire a supervisor in the preliminary hearing division.

“I've heard horror stories of people meeting their attorney on the day of trial and their choices are plead guilty and go home or fight the charges and go to jail,” Howsie said. “The majority of the people there are committed to doing a good job. Unfortunately, there's a small number who are not committed or reached a point where it's time for a change. That small number has affected the reputation of the entire office.”

Howsie acknowledged that an increase in the office's $7.6 million budget is necessary, but he declined to say how much more is needed.

Fitzgerald said he's committed to changes to ensure clients receive the representation they're entitled to and is not opposed to a budget increase.

“I'm not certain that it's all related to money, but I know that Elliot has requested some additional positions that may require additional funds for the office. Working with him, I'm certain that we can provide the resources that the office needs,” Fitzgerald said.

“Many of the problems in the office were related to management and staffing. The accountability and supervision may not have been at the level that it should have been, and Elliot has taken definitive steps to address those issues. People want direction, support and training, and Elliot is providing that.”

Howsie said increased supervision will ensure that attorneys visit clients in jail and try to get them out on bail. By getting involved earlier in the case, attorneys can address bond, interview witnesses and secure evidence, he said.

“When you're involved at that late stage, it's harder to prepare an adequate defense and it doesn't instill confidence in our client,” Howsie said.

Howsie also said newer attorneys will handle preliminary hearings as training for trials. More experienced attorneys will be shifted to the trial division.

“These are changes that don't require money,” Howsie said. “The Public Defender's Office as a whole is a trial office. It's my opinion the most senior attorneys should do the most serious cases.”

Bobby Kerlik is a staff writer for Trib Total Media. He can be reached at bkerlik@tribweb.com or 412-391-0927.

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