Public Defenseless 76: Trying to Keep Public Defense in North Dakota from Collapsing w/Travis Finck
Right now, a three-attorney public defender office in North Dakota has zero attorneys on staff. And with public defender turnover rates on the rise, the state makes it difficult to provide legal representation for all.
In this episode, Hunter speaks with Travis Finck, the Executive Director of The Commission on Legal Counsel for Indigents (CLCI). He brings with him an infectious optimism and deep knowledge of North Dakota public defense.
The first half of the episode will teach you all about the formation of the public defense system in North Dakota and how it transformed into what it is today.
Then, he'll dive into the unique challenges within the public defense and criminal system of the state. Travis will share how he is responding to high turnover rates and low funding while trying to improve public defense in North Dakota for the better.
With only 20-30% of individuals charged with misdemeanors in the state getting public defenders, it's obvious that many people are going without needed legal representation. Travis dreams of a day when North Dakota can boast a great public defender system.
Key Topics/Takeaways:
- Travis's background in public defense. [5:49]
- The creation of the North Dakota public defense system. [9:20]
- Hourly rates and statutory caps. [12:42]
- Turnover rates. [23:24]
- The bail system in North Dakota. [35:56]
- North Dakota determination standards. [43:28]
- Recoupment fees. [54:09]
- Where Travis wants public defense to go in North Dakota. [58:52]
Guest:
Travis Finck, Executive Director, The Commission on Legal Counsel for Indigents (CLCI)
Resources:
Memorable Quotes:
"We like to think we have good people, and when you can't pay good people what they're worth, there's natural inclination for them to look elsewhere. And I don't fault them for it." (24:19, Travis)
"Justice delayed is justice denied." (33:06, Travis)
"Us not being able to staff that office is not a public defense issue. That's a criminal justice system-wide issue." (39:41, Travis)
"The people that are doing this work, sure as hell ain't doing it for the money. We're doing it because it's the right thing to do." (40:18, Travis)
"My personal position on the fees is it's the only constitutional right that I'm aware of that's conditioned upon paying a fee." (56:19, Travis)
"I don't wanna be known as a sufficient public defense system. I wanna be known as a great public defense system." (59:44, Travis)
Contact Hunter Parnell:
hwparnell@publicdefenseless.com