Court appointed attorneys won’t breathe easy until they see state money owed to them

Court appointed attorneys struggling to keep their law practices open over the last two months because the state couldn't pay them are relieved legislators passed funding to pay them Monday but they won't breath easy until they know their checks are in the mail.

Des Moines Attorney John Audlehelm said he is still $6,000 in the hole and had to borrow money to keep his practice, which is about 90 percent court appointed cases, afloat. He took two calls during this phone interview Tuesday to negotiate with his phone company to continue his service and with his mother who is lending him some money.

Dennis Mathahs, Marengo attorney, said he had to postpone paying his office rent, file an extension on his taxes and go without gas to cover his practice expenses.

Davenport Attorney Angela Reyes, who was in dire straits a few weeks ago, sold her $7,000 old wedding ring for $900 to make a house payment. She also accepted the kindness of strangers – other lawyers – who knew heard of her struggles to keep her office open.

“As a divorced mom, I get some child support but it was the kindness of a couple of attorneys, who I have never met, that helped me pay my mortgage and my secretary by giving me interest free loans until we get paid (from state).”

These lawyers are just a few who take on court appointed cases for indigent clients at reduced rates, pay all the expenses, then are reimbursed by the state. State funding ran out in February and supplemental appropriations for the Indigent Defense Fund was tied to a tax policy package that the Senate and House couldn't agree upon.

A compromised was reached Monday and Gov. Terry Branstad is expected to sign the bill  by Friday.

Iowa Public Defender Sam Langholz said claims from those court appointed attorneys could receive those checks next week if Branstad signs the bill this week. The state will have to pay $7,000 in interest on those $3.1 million in unpaid claims submitted from February through April.

Langholz said it has been a difficult situation for these attorneys, many who are young lawyers that depend on those reimbursements, but this is the first time the fund has been this underfunded at $15.7 million, less than half the year before. Based on proposed numbers for this fiscal year – anywhere from $27-32 million – it shouldn't happen next year, he said.

Frank Carroll, Iowa State Bar Association president, said his office hasn't formulated any plans for handling this kind of crisis in the future but the bar leadership will discuss it in upcoming Board of Governors' meetings.

Audlehelm said what he learned during this “surreal disaster” is that democracy is “you help me pass my bill and I'll help you pass yours.”

The Republicans used the indigent fund, which is a constitutional mandate, and funding for other things like mental health, as leverage to get what they wanted and they did, Audlehelm said.

Mathahs said it “bugged” him because the state didn't keep its word.

“They had a contract with the court appointed attorneys and didn't honor it,” Mathahs said. “The legislators voted time and time again not to fund it. These are constitutional rights (for indigent defense) they are toying with.”

Reyes said she couldn't believe the lawyers who loaned her money, who didn't know her, but the Representatives, who are suppose to be representing people like her, really didn't care.

“I think the reason SF209 passed was that it had the Department of Corrections supplemental funding on it and the state was going to have to start laying off prison guards in May if it didn't pass,” Reyes said.