HAGÅTÑA (The Guam Daily Post) — There may be more flexibility in determining whether indigent defendants can avail of the services of free court-appointed attorneys.
On Tuesday afternoon, the Public Defender Service Corp. board of trustees met for the first time since Typhoon Mawar. Members spent most of the time discussing damage and possible ways to continue operations in the event of another disaster.
The board also discussed changing the eligibility guidelines for indigent defendants.
Executive Director Stephen Hattori said current guidelines established in 2011 state defendants who can’t afford an attorney are able to have one appointed from the Public Defender or Alternate Public Defender if their hourly wage is $10 or less. The defendant’s number of dependents is also taken into consideration.
Hattori said the guidelines, when put into place, reflected Hawaii’s guidelines and if the board wanted to update the threshold, the hourly wage would be $14.
The guidelines, he said, are a very complex issue and the current system offers no real ability to appeal it.
“We need to build in a system where they can demonstrate extraordinary expenses, like if one of our clients has diabetes and they’re paying for medical care, that reduces the actual moneys available to them,” Hattori said.
He said his office has disqualified people for having a car they don’t even own.
The guidelines are used to assist judges in determining whether defendants are eligible, but it’s ultimately at the discretion of the judge to decide.
Presiding Judge Alberto Lamorena III questioned whether the guidelines should consider a potential situation in which defendants are caring for individuals who aren’t part of their immediate family.
“I would like to know what the criteria of what is included as a member of the family, because if it’s just traditional where it includes mom, pop and the kids, it doesn’t really reflect … what we define as family on Guam,” said Lamorena.
He also questioned whether defendants caring for family members can be considered.
Lamorena said he sees a number of people taking care of a relative who is bedridden, who can’t afford to get a lawyer because they don’t qualify for the requirements of the guidelines.
Although there was much discussion, Supreme Court of Guam Chief Justice Robert Torres urged Hattori to work on drafting guidelines to bring to the board an official recommendation, with reasons for certain changes, and even suggested getting comments from the public to consider.
Hattori agreed and said proposed guidelines are being worked on.
Arraignments
On Wednesday, two defendants appearing for their arraignment hearings before Magistrate Judge Benjamin Sison said that despite being deemed ineligible for services from a public defender because of their hourly wages, both were unable to find attorneys.
The first defendant was an H-2 worker who said he was providing for several family members in the Philippines and, even while making about $17 an hour, he couldn’t afford an attorney.
Sison suggested he meet with the Public Defender Service Corp. to further discuss his eligibility.
The next defendant said he made about $13 an hour, but because of his several dependents, he couldn’t obtain legal counsel.
Sison subsequently appointed the Public Defender to represent him.
The Public Defender Service Corp. board of trustees held a meeting Tuesday, June 27, 2023, to discuss changes to eligibility guidelines to provide services for indigent defendants.
