Confusion over an agenda item led to the board requesting more information on the deputy public defender position during the Seward County Commissioners’ Oct. 23 meeting.
Commissioner Whitney Fleischman and Board Chairperson Roger Glawatz said they were not sure who brought up discussion on the topic. Fleischman did not know who added the agenda item “Public Defender Deputy” to the agenda.
On Oct. 24, Commissioner Becky Paulsen said she added the topic to the agenda to ensure the new public defender could start advertising for a deputy.
“I wanted to make sure she was going to get the help she needed,” Paulsen said. “She needs a deputy.”
However, confusion on the topic led to discussion of the need to justify the deputy position.
Nicole Tegtmeier took her oath of office as the Seward County public defender on Oct. 10. She previously served as the deputy in that office and was appointed to complete Tina Marroquin’s term until 2020.
In May 2016, the county signed a contract with the public defender’s office that allowed it to hire a deputy in exchange for taking on child support and juvenile cases. That contract’s term is through June 2021.
No other deputy positions in the county are through a contract.
When the county signed the contract in 2016, there was concern about the cost of paying court-appointed attorneys to cover child support and juvenile cases. In addition to attorney fees, the county also had to pay mileage for attorneys traveling from Lincoln.
In all, Glawatz said the county was spending around $5,000 to $10,000 a month on these services.
By having a deputy public defender, the county avoided these costs. According to the contract, the deputy was compensated $50,000, plus benefits, for her first year.
At the meeting, Tegtmeier said she heard there was discussion about suspending or terminating this contract.
“I have not been included on those discussions,” Tegtmeier said.
On Oct. 24, Glawatz said the miscommunication took place through an email. He said there has not been discussion on removing the deputy public defender position.
Glawatz said instead, the board needs to approve the contract before the human resources department advertises to fill the position.
In July, the county attorney was appointed as the county personnel officer, and therefore manages the human resources department.
Tegtmeier said Oct. 24 she filed a formal request to advertise for a deputy on Oct. 19, two work days before the commissioners’ meeting.
During the meeting, Tegtmeier said she was given 24 hours notice that the topic would be discussed. She also was asked to give information on case numbers that would justify the second person.
“Those numbers are not as simple as the number of case files that are open in our office,” Tegtmeier said, adding that she is managing two case loads.
She said juvenile cases can last for two to three years. She expects the number of juvenile cases to rise over time.
“The numbers that we have today are not going to be the numbers we have five years from now,” she said.
Tegtmeier requested more time to get accurate numbers for the board and said her office also handles criminal cases, like misdemeanors, felonies and more.
She also said she was concerned about equitability—the county attorney has two deputies.
Glawatz said he would never try to talk the public defender out of having a deputy, but the county needs numbers to justify the position to the public.
Sheila Beins, the county court clerk, said Tegtmeier needs a deputy on board quickly to help with cases.
“Every delay is going to cost the county in the long run,” Beins said.
Clerk of the District Court Jacque Stewart also spoke in favor of a deputy, stating both the county and district courtrooms may be in session at the same time.
“It’s inefficient not to have that second person,” Stewart said.
Fleischman said it’s common for counties to review contracts.
“The office has changed, its needs may have changed,” Fleischman said.
Tegtmeier said she does not think the contract needs to be modified.
Fleischman said the board still needs to hear both sides of the discussion.
On Oct. 24, Fleischman said unless state statute says otherwise, she does not see why a deputy position could not be created for the county, instead of having the position through a contract.
“I’m not opposed to it,” Fleischman said.
One of the deputy county attorneys, Joe Dalton, was recently appointed to serve as a judge in Lancaster County.
Glawatz said Oct. 24 he did not know if the county would review that deputy job within the county attorney’s office. He said it was a different situation because the county attorney was elected.
Marroquin was elected public defender, but was also appointed to serve as a judge and recently left the position. Tegtmeier was appointed to finish Marroquin’s term.
Glawatz said the board is just looking for information.
“To my knowledge, no one on the board thinks we should get rid of this position,” he said.
Paulsen said Oct. 24 that her intent with the agenda item was to help.
“That’s why I’m here,” Paulsen said.
amanda@sewardindependent.com
