Iowa Governor Branstad Responds on Indigent Defense

[Editor's Note: Earlier this month, the author submitted a letter to Governor Branstad on the failure of the government to fund indigent defense. His staff responded in a timely manner on this important issue, although not the hoped for response].

April 12, 2011

Dear Paul:

Thank you for contacting the Office of Governor Terry E. Branstad regarding funding for the indigent defense program.  The Governor has offered a supplemental appropriations bill to fully fund indigent defense and other areas of state government to protect the health and safety of Iowans.  
 
Both legislative chambers have passed a supplemental appropriation for indigent defense, Senate File 512. On April 12, 2011, Governor Branstad vetoed the section of Senate File 512 that would have provided the governor with the specific authority to transfer funds to the office of the public defender for payment of court-appointed attorneys for indigent defense purposes. 
 
The language Governor Branstad disapproved of attempts to end the current legislative stalemate over supplemental appropriations for the provision of indigent defense services administered through the State Public Defender's office. However, the transfer authority does not specify which department, institution or agency of the state should see a decrease in funds as a result. 
 
In other words, in order to comply with the provisions of Senate File 512 Governor Branstad would be asked to reduce by nearly $20 million the current appropriations in other state agencies to secure the resources necessary to transfer to the State Public Defender's office. 
 
This method is totally unacceptable and is a continuation of the numerous bad budgeting practices that has created the fiscal mess our state currently faces. Governor Branstad strongly supports an appropriate supplemental appropriation to pay our indigent defense costs and will continue to work with the General Assembly to resolve this matter.
 
Again, thank you for contacting our office and know that Governor Branstad is working diligently to get this dispute between the House and Senate resolved and the funds appropriated.  Please feel free to contact our office with any additional questions or concerns. 
 
Sincerely,
Office of the Governor