The Office of the Public Defender has 89 authorized positions (including 17 part-time positions). The Office employs 53 Attorneys (trial and appellate), 4 administration employees (including the State Public Defender, Deputy State Public Defender, an executive assistant, and Fiscal Officer), 5 Investigators and 27 staff (including Legal Assistants and Legal Support Specialists). In addition, the Office utilizes 23 PD contractors (19 attorneys and 4 investigators).
The BFY25/26 budget is $30,599,751; the total PD appropriation is 85% ($26,009,788) from State general funds and 15% ($4,589,963) from county augmenting revenues.
The Public Defender monitors caseloads that are recorded by an in-house case-weighted database system. The Public Defender utilizes the caseload maximum recommendations by the National Advisory Commission on Criminal Justice Standards and Goals (1973) (NAC). Annual caseloads should not exceed the following: 150 felonies per Attorney, 400 misdemeanors per Attorney and 200 juvenile court cases per Attorney. If an Attorney is assigned cases from more than one of these categories (felony, misdemeanor, juvenile), the percentage of caseload in each category should be calculated; the combined total should not exceed 100%. These standards are in accordance with Formal Opinion 06-441, Ethical Obligations of Lawyers Who Represent Indigent Criminal Defendants When Excessive Caseloads Interfere With Competent and Diligent Representation, American Bar Association, Standing Committee On Ethics And Professional Responsibility and Reasonable Caseloads: Ethics and Law in Public Defense, Norman Lefstein, an American Bar Association, Standing Committee on Legal Aid and Indigent Defendants publication. Pursuant to Lozano v. Circuit Court of the Sixth Judicial District, 460 P.3d 721 (Wyo. 2020), when the public defender is unavailable to take cases because of caseload maximums or conflicts of interest, the courts must appoint private attorneys who must be paid by the Public Defender. (See also W.S. §7-6-105 and 109(a) and (b)). Field offices that are over the 100% caseload maximum may require the appointment of private counsel.
The function of the Public Defender’s Office is to represent persons accused of misdemeanors, felonies and probation violations in circuit and district courts who cannot afford to hire an attorney. The Public Defender’s Office represents juveniles accused of delinquency and children in need of supervision cases (CHINS) in juvenile court and individuals on appeal in the Wyoming Supreme Court; misdemeanor appeals are handled by the attorney assigned to the original case. Additional functions include representing individuals who are to be extradited to other states and individuals seeking post-conviction relief. In FY22, the Public Defender’s Office handled 12,629 criminal cases and 133 appeals; and was at 86.5% of caseload maximum with four (4) trial divisions over caseload maximum. In FY23, the Public Defender’s Office handled 12,270 criminal cases and 103 appeals; and was at 82.67% of caseload maximum with no trial divisions over caseload maximum. In FY24, the Public Defender’s Office handled 13,814 criminal cases and 153 appeals with the agency operating at 92% of caseload maximum and three (3) field offices over caseload maximum (Laramie County 114% and both Natrona County and the Uinta/Lincoln County Field Offices operating at 113%). In FY25, the Public Defender’s Office handled 13,716 criminal cases and 162 appeals; trial divisions averaged 98% of caseload maximum with five (5) trial divisions being over caseload maximum (Campbell County 144%, Laramie County 135%, Uinta/Lincoln County 121%, Fremont County 108%, Sweetwater County 101%).