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The Honolulu Advertiser
Posted on: Tuesday, June 16, 2009

Furloughs could hamper Hawaii public defenders’ court cases


By Jim Dooley
Advertiser Staff Writer

The Hawaii Public Defender's Office has tentative plans to furlough its employees three Fridays a month, meaning defense attorneys for indigent clients won't be available for criminal court hearings scheduled on those days.

That's just one of the many proposals being developed by state departments and agencies working to meet a July 1 deadline to begin furloughs.

Gov. Linda Lingle wants state workers to take three furlough days a month for two years, which would reduce pay for state employees by about 14 percent and save the state an estimated $688 million to help with a budget deficit.

While department leaders are discussing furlough plans with Lingle, her administration does not yet have the full details for how the furloughs will be implemented, according to spokesman Russell Pang.

Meanwhile, public-sector labor unions are still exploring potential legal challenges that could block the furloughs.

As for the public defenders taking off most Fridays, Hawai'i Public Defender Jack Tonaki said the plan is not finalized but he wanted to notify the courts of the possible absences of public defenders in cases that have already been placed on upcoming calendars.

Tonaki said his office employs some 100 deputy public defenders statewide and the anticipated furloughs will affect courts on all islands.

Attorney General Mark Bennett also said his office has prepared a plan to meet the furlough requirement and has submitted it to Lingle for approval.

"We should know something more later this week," Bennett spokeswoman Bridget Holthus said.

Deputies in Bennett's office are involved in numerous civil and criminal court proceedings on a daily basis.

The Department of Public Safety is also an integral player in Hawai'i's court system and furloughs of its workforce would also have a serious effect on planned court proceedings.

Sheriff's deputies are responsible for security in state courthouses and also help transport incarcerated criminal defendants to and from court appearances.

Advertiser Government Writer Derrick DePledge contributed to this report.