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Lawmakers address court overload

Published:November 12, 2009, 7:08 AM

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Updated: August 21, 2010, 3:02 AM

LITTLE VALLEY — A case overload in the office of the Cattaraugus County public defender that drew complaints from Family Court Judge Michael L. Nenno went before legislators who came up with a solution.

In an Oct. 28 letter to legislators and Public Defender Mark S. Williams, Nenno wrote, “The clerks in Family Court have been deluged with requests for adjournments the court cannot ignore.”

Williams has been on medical leave since Oct. 15, making his office short on staff and creating a backlog in cases his staff cannot accommodate.

Replying to Nenno on Nov. 3, Assistant Public Defender Heather A. Tomes said, “The court has an obligation to appoint attorneys from outside the office when we lack enough attorneys to provide effective representation.” She noted only three cases before Nenno have had to be adjourned.

Tomes cited the office’s coverage of the county court system, all criminal and family cases. There are currently 187 open cases in two city courts, she said. Due to a shortage in staff the office is failing to attend the weekly Drug Court in Olean. Williams was in charge of county court, the city courts and Drug Court with 224 cases open in them.

Also, Tomes advised Nenno the office handles 36 local justice courts, split among the staff in her office, with 296 pending cases. Also three full-time attorneys deal with Family Court, which currently has 343 open cases. And there may be trials scheduled in any of the courts.

Tomes added, “It is impossible to continue to ethically handle our increasing caseload. Therefore, it will be necessary to have several cases given to assigned counsel [pool attorneys] until our office is again fully staffed.”

The Legislature’s Public Safety Committee met behind closed doors Tuesday, joined by Tomes and other legislators to discuss Nenno’s concerns.

In addition to reviewing the letters from the judge and Tomes, legislators were advised by Jonathan E. Gradess, executive director of the State Public Defenders Association’s Albany office. Gradess said that Williams’ medical leave has prompted an increase in assistance from his office, “which we are happy to provide.”

Legislature Majority Leader James J. Snyder, R-Olean, said that after reading the letters and talking with Tomes, legislators directed her to “do whatever is necessary” to keep up the caseload in the office.

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