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Challenges Facing Wyoming’s Public Defense System

Challenges Facing Wyoming’s Public Defense System
A “one-way” sign on the corner of 19th Street and Thomes Avenue, next to the Laramie County Detention Center in Cheyenne (David Dudley / WyoFile)
  • PublishedJanuary 8, 2025

Wyoming’s public defense system faces significant challenges, including insufficient funding, overwhelming caseloads, and outdated infrastructure, Wyo File reports.

These issues jeopardize the ability of public defenders to provide constitutionally guaranteed legal representation to those who cannot afford private attorneys, experts and advocates warn.

The struggles of the system are evident in cases like that of Aja Unique Johnson, a 25-year-old facing sentencing for check forgery. On July 22, public defender Melody Anchietta was unable to locate Johnson for her sentencing hearing in Laramie County District Court. Unknown to Anchietta, Johnson was being held in a different county for another charge. This miscommunication led to the issuance of a bench warrant, complicating Johnson’s legal situation.

Johnson’s mother, Velma, expressed frustration over the incident, questioning whether her daughter’s rights were adequately defended. However, Anchietta was already managing 123 active cases on a three-quarter-time salary, leaving little time for follow-up or detailed client tracking.

Wyoming’s State Public Defender’s Office, established in 1978, is tasked with providing legal defense to indigent clients. Despite its constitutional mandate, the office has been chronically underfunded. With an annual caseload of 12,500 to 13,000 cases, the office is stretched thin. Attorneys like Anchietta often work seven days a week to manage caseloads far exceeding recommended limits. For example, the RAND Corporation estimates that mid- to low-level felonies require 45 hours each to resolve, yet public defenders must balance such cases alongside hundreds of others.

Staff shortages exacerbate the problem. Public Defender Brandon Booth’s Cheyenne office is currently three attorneys short of meeting its caseload requirements. Such gaps force private attorneys, often unfamiliar with criminal defense, to step in temporarily.

Clients like Johnson, who often struggle with addiction and mental health issues, are particularly vulnerable in this overburdened system. Without sufficient resources, public defenders face challenges advocating for alternatives to incarceration, such as treatment programs. Johnson’s case reflects these difficulties; she has cycled through various legal issues since 2017, fueled by addiction and undiagnosed bipolar disorder.

Judge Paul Phillips of Campbell County Circuit Court emphasizes the need for systemic change, advocating for treatment and rehabilitation over incarceration. However, Wyoming’s conservative legislative approach tends to prioritize punitive measures, which experts argue are less effective and more costly than support systems.

Public defenders in Wyoming operate under outdated guidelines that do not account for modern complexities, such as reviewing extensive bodycam footage. Despite these hurdles, attorneys like Anchietta persevere, seeking to uphold their clients’ constitutional rights.

Advocates like Rep. Karlee Provenza suggest Wyoming could adopt reforms from neighboring states, such as centralized systems for tracking defendants across jurisdictions. Improved transparency and funding are critical to addressing the root issues of high caseloads and understaffed offices.

Written By
Joe Yans