Legal fees in question at county budget hearing
Published 12:00 am Wednesday, September 1, 2010
NATCHEZ — Justice Court Clerk Audrey Bailey appeared in front of the Adams County Board of Supervisors at Tuesday’s budget hearing to talk about why $22,000 allocated for legal fees in the justice court’s budget has not been spent this year.
Bailey said she could not explain the extra money because she sends indigent lawyer appointments to circuit court and is not sure who pays the lawyers.
Indigent lawyers are appointed in pretrial hearings in justice court for felony cases when suspects cannot afford to pay for legal representation. When felony cases move to circuit court, the same lawyer may remain with the accused, or another lawyer might be assigned.
However, the justice court does not pay indigent lawyers — circuit court does.
Board of Supervisors President Darryl Grennell said the board learned Tuesday that only the circuit court judges have the authority to sign vouchers for indigent lawyers, so the legal fees for pretrial hearings should come out of the circuit court’s budget — not justice court.
When felony cases move to circuit court following pretrial hearings in justice court, the same lawyer may remain with the accused, or another lawyer might be assigned.
Bailey said she included $25,000 for legal fees in justice court’s proposed budget request from this year and last year because that was the way the budget was drawn up before she took the justice court clerk position.
Bailey has worked as the justice court clerk for 14 months. She has worked for the justice court for 13 years.
“It surprised me to hear that we (justice court) still have that total left after all the attorneys that come through and get paid,” Bailey said after the meeting.
Bailey was unable to get in touch with bookkeeping to discuss the extra money in the budget.
“I’ve been over to bookkeeping three times,” Bailey said.
Tommy O’Beirne said the circuit court legal fees are where they are supposed to be, which does not explain why the justice court legal fee budget has not been absorbed.
“Somebody is overbudgeting one way or another,” County Administrator Joe Murray said.
Grennell said for the last two years, the justice court has been over budgeting a large chunk of money for legal fees, but the issue has never before been brought to supervisors’ attention.
“Everybody agreed too much money is in that particular area,” Grennell said Tuesday after the meeting.
Grennell said Tuesday evening that he wants to suggest the state auditor check out the issue to clear up any discrepancy or mechanical problems with justice and circuit court legal fees budgets.