Oktibbeha County public defenders want a raise.
The three appointed public defenders — Stephanie Mallette, Mark Williamson and Ben Lang — petitioned county supervisors for more money during the board’s regular meeting Monday evening in the chancery courthouse.
All three have made the same salary for their county services, about $37,000 annually, since their appointment, Mallette told the supervisors. Williamson, the longest-tenured public defender, joined in 1993. The board appointed Mallette in 2000 and Lang in 2014. All three also practice privately.
To keep pace with the rate of inflation over the last 16 years, Mallette said public defenders need a salary of $52,000, which eclipses the $44,700 in annual compensation for supervisors and the county prosecutor.
“Strictly on a merit basis, we would like to be considered for a raise,” Williamson told supervisors. “I think we do a pretty good job.”
Supervisors appointed the three public defenders as part-time employees. The attorneys represent indigent Oktibbeha County criminal defendants in justice and circuit courts.
Two other public defenders represent youth court and lunacy court defendants, both of which are administered through the county’s chancery court.
Mallette said her caseload of indigent defendants has increased since her appointment, and the “part-time” position has become more time-consuming as a result.
However, supervisors and board attorney Jack Brown argued raising their salaries beyond that of the supervisors and prosecutor might endanger their part-time status. If they are designated as full-time, they discussed, it might disallow them from private practice.
Brown read from two Mississippi attorney general’s opinions Monday that prohibited county’s from paying public defenders additional fees beyond their salaries. Those opinions also gave supervisors the authority to set public defenders’ salaries.
Because of that, Mallette said the supervisors had the discretion to raise the salary without affecting the position’s part-time status.
Still, Brown advised Mallette to seek an Attorney General’s opinion.
“I would not advise the board to raise the salary without an AG opinion,” Brown said.
“I’ve already requested two of them written for you,” he then told Mallette, citing requests he made for the opinions on public defender fee compensation. “I won’t request a third.”
Mallette said she would not bother the AG’s office about the matter.
“I’m not asking the chief law enforcement officer for the state what a public defender’s salary should be,” she told Brown.
Brown, the longtime board of supervisors attorney, is county prosecutor Haley Brown Smith’s father. The county prosecutor is married to Dispatch reporter Carl Smith.
Board President and District 2 Supervisor Orlando Trainer said after Monday’s meeting he hadn’t yet decided his position on whether to raise public defender pay.
“It seems the board has a lot of discretion on this,” he said. “How the board responds remains to be seen. I do want to add that I believe public defenders do a very important job.”
Zack Plair is the managing editor for The Dispatch.
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