Methodology of Weighted Caseload Studies

Securing Reasonable Caseloads: Ethics and Law in Public Defense adequate support staff, a "qualitative adjustment" to the number of hours that differ...
Author: Cody Dickerson
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Securing Reasonable Caseloads: Ethics and Law in Public Defense

adequate support staff, a "qualitative adjustment" to the number of hours that different kinds of cases require will almost always be necessary. If, for example, the adjustment determines that Class 2 felonies should actually require 30 hours of a lawyer's time, on average, the projected staffing need of the defense program changes. Instead of requiring the services of six defense lawyers, the program will know that it will require three additional lawyers (540 •*• 60 = 9), because a single lawyer, on average, will only be able to handle 60 Class 2 felonies per year (60 cases x 30 = 1800).

Methodology of Weighted Caseload Studies This section discusses the methodology of weighted caseload studies, initially using for illustrative purposes the NCSC's study of New Mexico. Afterwards, the methodology that Spangenberg used is discussed to compare the approaches of the two organizations.6 National Center for State Courts

The New Mexico Public Defender Department is a statewide defender program, which during 2006-2007 employed 169 attorneys and also contracted with more than 100 private lawyers to provide defense services.7 During the first stage of the study, the NCSC established "work study groups" consisting of public defender lawyers, staff, and private contract lawyers to oversee "the development of... workload assessment methodology, ... to ... determine the relevant workload factors and tasks associated with effective representation in each kind of case, and appraise the results of each phase of the study."8 These groups also reviewed and finalized all project results.9 NCSC staff next determined the number of days per year that lawyers had available to devote to their cases: "Working closely with the work study groups, we deducted time for weekends, holidays, personal days, vacation/sick leave, and continuing legal education training. After deducting these constants from 365 days it was determined that... attorneys ... have an average of 233 days available each year to perform case-related activities?™ They further determined that, during each day, the attorneys, on average, had available 6.25 hours per day to spend working on their cases.11 Ultimately, these * Weighted caseload studies normally include an assessment of whether both the number of lawyers and staff axe. sufficient, and the same methodology is used in making both estimates. This chapter discusses such studies only in connection with determining whether or not the number of available lawyers is sufficient. 7 NCSC N E W MEXICO, supra note 4, at 72. « Id. at 73 9 Id. 10 Id. at 75. " The estimate was based on a nine-hour work day, with one hour for lunch. From the remaining 8

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Chapter 6: Determining Costs and Staffing Needs

calculations yielded 87,375 minutes per year, on average, for each attorney to work on his or her cases (233 days x 6.25 hours per day x 60 minutes per hour = 87,375 minutes).12 In cooperation with the work study groups, the NCSC staff decided to collect the amounts of time devoted

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