Maricopa County, Arizona, has more pending death penalty cases than Los Angeles County, which has more than twice as many residents, and more than the so-called “death penalty capital” of Harris County, Texas. There are more than 130 cases in trial or awaiting trial, and its four indigent defense agencies say that they have run out of attorneys to handle the cases. Strained by the record number of cases, Judge James Keppel gave prosecutors, defense attorneys, and county officials five days to create a plan to provide defense attorneys for at least a dozen clients facing capital charges.

Peter Ozanne, the assistant county manager who oversees the public defender system, stated that if the citizens decide they really want this many death cases “there will be more resources needed in the future.” Ozanne said the solution to Maricopa County’s death penalty problems could cost taxpayers millions of dollars. County Supervisor Mary Rose Wilcox added, “We realize we are probably going to have to allocate more money. We are trying to make sure, that as these cases move forward, we are treating both sides fairly.”

The group created a seven-page proposal designed to address the shortage for the next 60 days. Though the plan included proposals to monitor death penalty cases more closely and review salaries, it offered few details about funding the changes or how the county will pay for specialists such as investigators and mitigation experts. The county now pays $8.5 million to defend capital cases. Recently elected County Attorney Andrew Thomas stated that “there is no need for this office to evaluate its policy.” Thomas seeks death sentences in nearly half of all first-degree murder cases. His predecessors pursued capital convictions in about 30% of eligible cases.
(Arizona Republic, March 8, 2007). See Representation and Costs.