MEMPHIS, Tenn. — A former Shelby County Public Defender is sharing what he witnessed in the office on the heels of reports saying the office could not take on any more first-degree murder cases because there are not enough attorneys to hire them.
On Monday, the Chief Public Defender asked state leaders for more money to help close the gap, but Ben Baker was not buying it.
The Memphis lawyer worked in the Public Defender’s Office for more than a decade before parting ways in May. Baker said the staffing shortage was avoidable, blaming current leadership, which years ago inherited the office’s largest budget.
“To say that they’re underfunded is simply not accurate,” said Baker.
Baker is part of the growing list of public defenders leaving the job, saying it was not unusual for each attorney in the office to have as many as 150 cases, which Baker said is three times the national recommended standard.
This was not the case for all the lawyers in the office. Baker claims what is known as the “Major Cases Team” handpicks around 20 high profile cases and the other attorneys get what is left.
Baker is asking for county leaders to look into how the Defender’s Office operates and why so many lawyers are leaving. But he does not think low pay is the issue.
“I do think it merits some questioning from the governing bodies as to what’s going on," he said.
Baker said the high turnover at the public defender’s office could have a ripple effect on the rest of the judicial system and delay how fast some cases get heard. The case backlog drew additional attention after a bottleneck was caused during the pandemic.
“I think at first we had this mindset of swift justice…and it’s just been a total reset,” said Brittney Rowe.
The Memphian and her family have waited five years for justice after her father, former head of the Greater Memphis Chamber Phil Trenary, was gunned down on a Downtown street. The case is finally supposed to be tried next month, and Rowe hopes this delay can be rectified for future families when they await trial.
“It needs to start with accountability and efficiency…but it’s also a matter of providing support and wrap-around services to those who are doing a great job,” said Rowe.
Following a state leader's retreat, Chief Public Defender Phyllis Aluko declined to speak with ABC24 about the criticisms of her office. During her address to state lawmakers, Aluko contended pay was an issue and that an old statute prevents her office from getting paid the same as their counterparts across Tennessee.