Indigent defenders bring experience

By Donna Hales
Phoenix Staff Writer

July 04, 2009 09:25 pm

— Muskogee County defendants who can’t afford an attorney have a “real good group of lawyers” to represent them, a local judge says.
“They are overloaded — but they do a good job,” said Muskogee County District Judge Tom Alford. “They try as hard as anybody else to get a good outcome for their client.”
In Muskogee County, attorneys bid on an indigent defense contract. A group of four attorneys handle the indigent defense cases.
“It’s up to us to divvy it (workload) up,” said Roger Hilfiger, a former U.S. attorney who handles 30 percent of the group’s cases.
Longtime Muskogee attorney Jay Cook handles one-third, as does Hilfiger’s attorney daughter, Heather. Muskogee attorney Larry Vickers handles 10 percent.
This last fiscal year they dealt with about 1,100 people, between 100 and 150 more than the year before, Roger Hilfiger said.
Cook said he spends about two-thirds of his time on indigent defense cases.
“It’s burdensome,” he said. “We do it for some reason, and we’re getting a lot more because of the economic problems.”
He said he’s a little concerned that they’re getting so many clients lately that are out on bond, when normally, if they can bond out, it is believed they can hire their own attorney.
He and Hilfiger have been representing indigent defendants for about 15 years, he said.
Cook said he and Hilfiger have had some clients quite happy with their services and some not so happy.
Dallas Seabolt, 52, of Fort Gibson sings Hilfiger’s praises.
He said he couldn’t have hired a lawyer that would have “tried any harder for me. He really argued in my behalf.
“I think Roger did a wonderful job — he got personal. He kept my family informed of what was going on.”
Muskogee’s indigent defense attorneys are really dedicated to their work, Alford said.
“If we’ve got somebody who needs a lawyer, they’re quick to respond,” Alford said. “I use them for juvenile delinquents — that’s part of their contract.”
The contract group could have as many as five or six preliminary hearings in one day, Hilfiger said.
“You know what they are and plan on it — keep good records and keep ahead,” Hilfiger said.
The attorneys evaluate the cases and talk to the defendants. They have the experience to know some cases require a preliminary hearing to resolve some issues before they can plead a case out or go to trial, he said.
“You sort of know if you shouldn’t take a case to a jury,” Hilfiger said.
Some people on a jury don’t realize some kind of stuff is even going on in this world, he said.
When you have 12 people on a jury, it’s usually people with different backgrounds and tremendous differences of opinion, Hilfiger said.
“Ninety-five percent of the time we can look at the charge filed and discovery (evidence) and we and the DA sort of know what’s going to happen,” Hilfiger said. “Some cases you know are going to have to go to trial.”
Some defendants have to be told they don’t stand a chance.
“Once they come to the realization of what’s happening, they feel a little bit better about it,” Hilfiger said. “You just have to do what you can to help them. Some are hard to deal with.”
They are in jail because they can’t work things out themselves. And some, there’s just no resolving them of responsibility, he said.
A prosecutor can have a tremendous upper hand — and a defense attorney evens that out, Hilfiger said. And when the prosecutor and the defense attorney can’t agree and negotiate a plea agreement, a judge or jury evens it out, he said.
Different cases are in different places in the system. When defense attorneys are waiting on hearing dates to move a case forward, defendants don’t always understand that, he said.
You could get overwhelmed with the numbers if you don’t have everything lined up, Hilfiger said.
“The only complaints (about indigent defense lawyers) are from people who want a lot of attention — guys in jail,” Alford said.
There’s a limited number of people doing indigent work, Alford said.
“You’ve got people (here) with experience in the area who know how to put together a defense and know a guy’s getting a fair trial,” he said.
In years past, the indigent defense lawyers were the new lawyers who were appointed whether they’d ever tried a case or not — or even wanted to try such a case, Alford said.
In some surrounding counties, lawyers who have the indigent defense contract don’t live in that county, Alford said.
“Our guys (in Muskogee County) are three blocks away, and they can help you untangle a docket,” he said.
Reach Donna Hales at 684-2923 or dhalesb @muskogeephoenix.com

Indigent defense questions

Questions often asked by someone wanting an Oklahoma Indigent Defense System attorney:

How can one apply?
Sheriffs, jailers and court clerks typically have forms on hand to apply for an OIDS attorney to represent you. Defendants in cases in Oklahoma and Tulsa counties are not eligible for OIDS representation, but complete a similar application for the County Public Defender to be appointed.

Who decides if a defendant is entitled to an OIDS lawyer?
District court judges determine whether a defendant is indigent by applying standards developed by the Oklahoma Court of Criminal Appeals. The defendant fills out a form about assets, liabilities and sources of income. A judge determines if the defendant is indigent. Oklahoma statute states any defendant who posts bond must prove to the court that he/she cannot afford a lawyer. Some judges do not penalize a defendant for being out on bond; others almost always deny indigency status and force the defendant to hire outside counsel. If you are already represented and make bond, discuss with your attorney how to request a hearing on your assets to show you still need an attorney.

If a defendant uses all of his/her money for a lawyer for trial, what happens on appeal?
The indigency application procedure is repeated at the end of the trial. District court judges advise defendants about their right to an appeal and their right to a court-appointed lawyer if they cannot afford one. The judge will appoint OIDS if the defendant is determined to be indigent.

Does OIDS do legal work besides criminal cases?
No. OIDS, by statute, can only be appointed to the specific criminal cases it is authorized to accept under the Indigent Defense Act. You may wish to check with Legal Aid in your region to determine if legal services are available to you in a civil matter. OIDS also is prohibited from representing anyone in civil rights or other litigation related to prison conditions. OIDS can only represent a defendant in the defense of criminal charges brought by the State of Oklahoma.
Source: Oklahoma Indigent Defense System

Indigent defense
The mission of the Oklahoma Indigent Defense System is to provide indigents with legal representation comparable to that obtainable by those who can afford counsel and to do so in the most cost-effective manner possible.
Source: Oklahoma Indigent Defense System 2008 Annual Report.

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