Public Defender Agency short staff, will limit new clients in Bethel and Nome

ANCHORAGE (AP) — A state agency that represents Alaskans who cannot afford their own attorneys intends this month to stop taking clients facing serious felony charges in parts of southwest and western Alaska due to staffing shortages.

Samantha Cherot, head of the Alaska Public Defender Agency, notified the judges overseeing the Nome and Bethel judicial districts of the plans on Jan. 31, the Anchorage Daily News reported. The agency asked that Superior Court judges in those regions not assign new cases to the agency for certain felonies that cover the most serious and complex crimes, starting Feb. 13.

An Alaska Court System spokesperson declined to respond to questions from the newspaper about the options available for individuals who would be affected.

Cherot said the agency has long struggled to recruit and retain qualified attorneys, challenges worsened by a pandemic-fueled backlog in criminal cases. Recent resignations in Bethel and Nome have left the agency without enough experienced attorneys to handle new complicated cases, she said.

"With a few additional attorneys with the necessary training and experience to handle unclassified and A felonies, the situation could improve quickly. Otherwise, the agency needs time for its existing qualified attorneys to resolve many of their pending cases before they can ethically accept new cases or for newer attorneys to gain the necessary experience to be able to handle these case types," Cherot said.

The agency has used contracted private lawyers and will continue to do so, he said. But finding enough private attorneys with the skills and experience to represent individuals charged with serious felonies and fill the gaps has been difficult.

While lawmakers last year approved pay increases for state attorneys and, in recent years, more positions for public defenders, that hasn't fully addressed the problem, Cherot said. For example, applicants often lack the qualifications to take on the most complex cases immediately. And recruitment is challenging, she said, with attorneys citing as reasons for not wanting to work for the agency more lucrative compensation and manageable workloads elsewhere.

Jeff Turner, a spokesperson for Gov. Mike Dunleavy, said the governor's supplemental budget calls for an additional $3.1 million this year for the Office of Public Advocacy and Public Defender Agency.