The El Paso Times editorial Stubborn judges should back down took the El Paso Council of Judges to task for their “unilateral decision to raise indigent defense fees”.
They wrote:
“These judges, who were not elected to make budget and tax decisions, have decided nonetheless to levy added costs amounting to about $500,000 the remainder of this year and $1 million next year. That forces the people who were elected to make such decisions — county Commissioners Court — to cut money elsewhere or raise taxes”.
Actually
The judges do have the right and the responsibility to set the rate of reimbursement. The Times knows this and even wrote in their December 27, 2013 editorial:
“The Council of Judges’ recent unilateral decision to raise attorney fees in indigent defense cases by $15 an hour is a classic example of the dysfunctional system set up by the Texas Constitution.”
Further, according to the Times:
“The judges requested a $10 an hour increase for attorney fees in indigent defense cases before the county budget was adopted in October. Commissioners rejected that proposal because the funding wasn’t available.”
Who’s wrong
The judges made a request for an increase in the reimbursement rate as part of the normal county budget process. The commissioners decided not to honor it.
The judges have the authority to set the rate. Commissioners have to pay it. Pretty simple really.
We elect judges in Texas. If our voters don’t approve of what they have done we will see new judges in the next election.
The all knowing Times
The Times evidently feels that their judgment should trump the Texas Constitution.
They also evidently feel that while it was good for the city to pay more than market value for the Times building it is not good for lawyers to get paid a fair rate to defend people who cannot afford a lawyer. Now they are taking on the United States Constitution.
How would the Times have responded if the city had used eminent domain to steal their building, or if the city had used code violations to condemn the building and then steal it?
Unjust enrichment
Before the rate increase local lawyers were paid $75 per hour when they worked in court. Most of us pay more for plumbing.
We deserve better
Brutus
Posted by Brutus
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