Capital Punishment Comes With a Legal Cost

That's the title of a column by Amarillo Globe-News editorial writer Dave Henry.  LINK  Here's an excerpt:

Much like the recent drop in the price of gas, the price of the ultimate form of justice has dropped, at least for counties in the Panhandle and West Texas.

The West Texas Regional Public Defender for Capital Cases got up and running about a year ago.

The office, headed by attorney Jack Stoffregen, handles death penalty cases for defendants.

The office appears to be a win-win situation.

The 65 counties that make up the office's stable, including Potter and Randall counties, no longer have to fork over high six-figure taxpayer checks for the legal fees of those accused of the most heinous crimes. And the accused have access to quality legal representation.

"So far, so good," said 47th District Attorney Randall Sims, whose district includes Potter County. "This is a good insurance policy for counties."

"I think this works fine," said Randall County District Attorney James Farren.

Here's how it works: Counties pay fees to help fund the WTRPD office, with the goal being to have the office totally funded by counties in five years. Larger counties with more capital punishment cases, such as Potter and Lubbock, pay higher fees. The counties still save taxpayer money, though, compared to the cost of indigent defense in capital punishment cases. The defendants receive superior legal representation because the WTRPD handles only death-penalty cases, freeing up attorneys that would have had other responsibilities in private practice.

Earlier coverage of the office is here; StandDown's indigent defense index, here.

Comments

[Sharon McEachern]

There is an excellent article on the "execution doctors" controversy at the Ethic Soup blog. It's focus is on North Carolina where there hasn't been any state executions in two years, although 163 inmates wait on Death Row at the Raleigh prison. For fear of the U.S. Supreme Court ruling N.C. executions inhumane, due to "cruel and unusual treatment," the N.C. Corrections Board requires a physician to be "present." However, in past a doctor's presence has led to more than merely death certification. Particularly with lethal injections -- doctors observe brain waves in order to tell if an unconcsious inmate is awakening and thus experiencing pain from the lethal heart-stopping drug. Then physician may need to show exactly how much more drug to give, etc. The N.C. Medical Board (which issues physicians licenses to practice) has promised punishment to any doctor who cooperates with the state in an execution. Two weeks ago the dispute went to the N.C. Supreme Court to determine what a physician's "presence," means.
To read the article, go to:

http://www.ethicsoup.com/2008/11/execution-doctors-unethical-whether-hanging-electrocution-gas-or-lethan-injection.html#more

Sharon McEachern