High vacancy rate at Fresno County Public Defender's Office prompts concern

FRESNO COUNTY, Calif. (KFSN) -- There are new concerns about the Fresno County Public Defender's Office, where nearly one in three jobs are now empty.

"You see the shortage in the courtroom, but you feel it in all aspects of representation on cases," retired Public Defender Scott Baly said.

County officials revealed the vacancy rate at his former office on Tuesday, per a new state law.

28 percent of the unionized positions are vacant.

"28 percent is a pretty high number for a vacancy rate on individuals who are already living on the margins."

Many criminal defendants pay for private attorneys, but more rely on the guaranteed right to free representation.

The Public Defender's Office is where that happens.

"We've hired three, we've got two more on the way," County Administrative Officer Paul Nerland confirmed.

"But, there's a shortage, and that is a big problem, not just in Fresno County but up and down the state."

There is no shortage of cases at the Fresno County Courthouse, and it is already plagued with delays.

The vacancies could make it worse.

"People may be forced to waive time to make sure their cases get the attention that they need," Baly said.

County officials are confident they are meeting defendants' needs, but are well aware of the pressure.

"There is a concern that as those caseloads increase, the quality of that representation is maintained, and so we need to make sure that we do something to bring those vacancies down," Nerland said.

"We continue to work on recruiting new attorneys to join one of the most important offices that guarantees Constitutional rights to all individuals," Public Defender Antoinette Taillac wrote in a statement to Action News.

"(The attorneys are) in court every day defending the Constitution and zealously advocating for their clients," she wrote.

It takes about 90 days to hire new county employees, meaning the high vacancy rate could continue for months.

For news updates, follow Gabe Ferris on Facebook, X and Instagram.