THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, April 13, 1995 TAG: 9504130388
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY JUNE ARNEY, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 78 lines
A judge on Wednesday refused to find Virginia's system for paying court-appointed attorneys unconstitutional, but said he was tempted to do so because of a fee structure he called ``reprehensibly and shamefully low.''
Circuit Judge John C. Morrison Jr. said he thinks it's up to the legislature, not the courts, to address the issue.
``The system needs to be improved, but I think, personally, it needs to be improved legislatively,'' he said.
Chesapeake lawyer Christopher P. Shema, who brought the conflict to the courtroom on behalf of two clients facing drug charges, was allowed to withdraw from their cases. At most, Shema could be reimbursed $575 for each case.
``I'm disappointed in the court's ruling,'' he said after the all-day proceeding. ``But I imagine this is not the last that you'll hear of the issue.''
Norfolk Commonwealth's Attorney Charles Griffith, who represented the state, declined to comment.
Shema had based his argument on statistics showing that Virginia ranks lowest in the country for the maximum limit, or ``cap,'' that state law allows court-appointed lawyers to be paid.
But the issue goes beyond the drain on lawyers' pocketbooks to the quality of justice meted out to indigent defendants, he and others alleged.
Louis Russell Brown, 46 - who faces a possible 40 years in prison on charges of possession with intent to distribute heroin - said he was surprised when he found out how little Shema, his court-appointed attorney, would receive for representing him.
``I knew it was a small amount,'' he said outside the courtroom Wednesday. ``I just found out today how much it was. That's ridiculous.''
Brown said he has been happy with Shema's work on his behalf.
``A lot of them would just kick you right into the system, try to get you a deal and let you go with the deal,'' he said. ``They aren't going to do a lot of work for you, if they're not getting paid. I lucked out with him.''
But Brown knows of cases in which defendants have not fared as well.
``Some of them are innocent, but if they know their attorney isn't going to take the time to find that out, they may as well take a deal because they know what they're getting,'' he said.
Several lawyers and an ethics expert testified Wednesday in what was at times a heated and sarcastic exchange among lawyers. The National Association of Criminal Defense Lawyers and the Virginia College of Criminal Defense Attorneys filed court papers supporting Shema's claims.
James Broccoletti, who has handled many court-appointed cases, testified that, based on a review of Shema's two cases, he would have quoted each client a fee of $7,500.
Troy Spencer, a defense attorney who refuses to place his name on any court-appointed lists, estimated a range of between $5,000 and $15,000 to represent Shema's other client, Jeffrey Dwayne Charity, on charges of possession with intent to distribute cocaine.
He said he thought the case would take 40 to 50 hours of defense work.
Spencer testified that he chose not to take on court-appointed cases after reviewing the fee schedule and deciding it would not make sense financially.
In Juvenile and General District courts, a Virginia lawyer receives a maximum of $100 to defend a case. In Circuit Court, $575 is the maximum paid in felony cases punishable by 20 years to life - except capital murder cases. There's no cap on capital cases involving adults.
The maximum for all other felonies is $265. The cap on misdemeanors punishable by jail time that are tried in Circuit Court is $132.
Those fees have changed little in two decades despite several attempts at increases by the General Assembly and 13 state-funded studies that showed Virginia's pay for court-appointed attorneys among the lowest in the nation.
``I think the courts will have to intervene,'' Shema said after court. ``There's no political capital in asking for additional money for indigent people accused of crimes.'' ILLUSTRATION: Graphic
KEYWORDS: LAWYER FEES COURT RULING by CNB