Court-appointed attorneys not breathing easy until pay comes

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 last week.

They, however, won't breathe 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.

Dennis Mathahs, a 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 wedding ring for $900 to make a house payment. She also accepted the kindness of strangers - other lawyers - who heard of her struggles.

'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 the 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 compromise was reached last Monday and Gov. Terry Branstad signed the bill Thursday.

Iowa Public Defender Sam Langholz said court-appointed attorneys could receive their checks this week. The state will have to pay $7,000 in interest on $3.1 million in unpaid claims submitted from February through April. Langholz said it has been a difficult situation for attorneys, many of whom are young lawyers that depend on those reimbursements.

It shouldn't happen next year, he said.

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 those who are supposed to be representing 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.