WRAL Investigates: Rural counties hit hardest by North Carolina's attorney shortage
The United States Constitution guarantees everyone the right to a speedy trial.
WRAL Investigates found that’s becoming a major challenge in dozens of counties across North Carolina. It is impacting those who need the most legal assistance and it is costing taxpayers.
Head to any courtroom across the state and it’s like controlled chaos. Despite the seeming rapid pace of life in court, the wheels of justice are turning slowly.
One main reason is nearly half of the counties in North Carolina are classified as "legal deserts" by the state bar, where there’s fewer than one attorney for every 1,000 residents.
It’s a concern to for the state’s Office of Indigent Defense Services.
"Number one. Without question," Kevin Boxberger said when asked where he’d rank the attorney shortage issue.
Boxberger thinks the shortage leads to overworked attorneys who can’t do their best work. That means a high cost to taxpayers as more defendants sit in jail, waiting for their days in court.
"I think a lot of times there’s this misconception that the system runs efficiently. And it doesn’t," Boxberger said.
WRAL Investigate found the workload may also impact outcomes. Only 38 of North Carolina’s 100 counties have public defender offices that serve them. In 23 of those, defendants charged with more serious felonies were convicted as charged at much higher rate than those with privately hired attorneys.
In some cases, the disparities were huge. We’re talking 31% higher conviction rates in Hoke County, 28% in Camden County and 24% in Gates County.
Boxberger said there’s another beyond the lack of public defenders.The state can’t find enough private attorneys willing to be appointed by a judge to help pick up the slack.
In Wayne County, Boxberger said one court-appointed lawyer has more than 550 cases.
When asked if Boxberger thought he thought it might reach a point where there was no attorney to represent someone in Wayne County, his answer was clear.
"Yes, I think that is a very real possibility in District Eight here in Wayne County," Boxberger said.
One reason it’s hard to find attorneys for court-appointed work is pay, which ranges from $65 to $85 an hour. That’s much less than they’d make in a private practice.
Boxberger says it’s actually getting worse.
"In the last 12 years, we have actually decreased the amount that we pay the contract attorneys," Boxberger said.
The reason is funding cuts to Indigent Services from the legislature, according to Boxberger
Despite the lower pay rates, Dustin Pittman, an attorney in Goldsboro, takes on more court-appointed cases than he can count.
"It’s a calling, that’s all I can say," Pittman aid. "People need the help. People need someone to stand beside them through their darkest hour."
The latest state budget gives hope for some relief. It calls for adding public defender offices in 24 more counties.
State Rep Abraham Jones, D-Wake County, wishes the expansion covered the entire state.
"I think it’s absolutely preposterous that this budget isn’t doing it because we have the money," Jones said. "It’s not a money issue. It’s simply [the] lack of will, and that’s just wrong."
The state bar said North Carolina has about 26,000 active lawyers. Half of those are in Wake and Mecklenburg counties. That means the shortage is having a very disproportionate impact in a rural-urban divide and hitting our rural counties the hardest.
