Westmoreland public defender staff shortage leads to canceled hearings

Ongoing staffing issues in the Westmoreland County Public Defender’s Office resulted in criminal cases being postponed Thursday at a Jeannette district judge’s office.

Judge Joe DeMarchis said all five cases scheduled before him had to be canceled after his office was notified there were not enough attorneys on duty to staff the hearings.

“We got a call from from the public defender’s office saying they didn’t have anyone available,” DeMarchis said. “It was the first time in my recollection we ever got a request like that.”

The county public defender’s office is responsible for representing indigent clients in criminal matters.

DeMarchis had 41 total cases on his docket, and most were held as scheduled. The five cases in which defendants were represented by public defenders will be rescheduled.

For the past year, the public defender’s office has struggled with staffing issues that have worsened in recent months after several retirements and resignations left it further depleted.

Public Defender Wayne McGrew did not return multiple requests for comment Thursday.

This month, McGrew described the public defender’s office as significantly understaffed.

In mid-January, the office had 11 attorneys on staff and five vacant jobs McGrew said he was struggling to fill.

Assistant public defenders appeared at hearings scheduled Thursday at the courthouse in Greensburg before Common Pleas Court judges.

Court administrator Amy DeMatt said county judges are slated to meet with the county commissioners in early February to discuss the public defender’s office staffing issues.

“The judges are aware of the situation,” DeMatt said, deferring comment on the staffing shortage to McGrew.

County commissioners oversee funding issues related to the public defender’s office. The office is scheduled to operate with a $1.4 million budget this year.

Public defender salaries are set by a union contract that puts the annual starting salary for lawyers at $51,000.

“The staffing shortage is not just affecting public defenders, but the employee shortage is countywide and also in the private sector,” Commissioner Gina Cerilli Thrasher said.

The county will hold a job fair next month at the Westmoreland Mall seeking to fill dozens of jobs, including vacancies in the public defender’s office, Thrasher said.

Meanwhile, a group of 10 defense lawyers hired to represent clients in cases where there is a conflict of interest with the public defender’s office refused to sign year-long contracts with the county that would pay them $25,000 to handle 40 cases this year. That offer was approved by commissioners in late 2022.

Defense attorney Brian Aston said the lawyers object to the low pay rate and are seeking additional compensation. The lawyers agreed to an abbreviated deal, approved by commissioners Thursday, which pays each lawyer $6,250 to handle 10 cases through the end of March.

DeMatt confirmed that deal will serve as an interim contract while negotiations continue.