Public Defender’s office budget examined at Joint Budget hearing

Pago Pago, AMERICAN SAMOA — Funding is the most pressing issue for the Public Defender’s office. This is according to Acting Public Defender David Vargas during the joint budget hearing for that office.

“Money is the biggest problem that we face not only the Public Defender’s office but also the Attorney General’s office.

“I came down here in 1995 on a two-year honeymoon and been here ever since then and money was never the driving force for me,” said Vargas.

He said there is a need to have funding to bring people to work in the government.

“We can't bring people down here unless we have money, and I’m not talking just about our field, but other professions like engineers, doctors and nurses etc, 

“I think this problem is common to many places,” he said.

Faipule Larry Sanitoa asked Vargas whether the Public Defender’s office gets any financial assistance from the Criminal Justice and Planning Agency.

“There is so much funding going through that Agency and I have always wondered as to why we are unable to get funding that can assist you and the Public Defender’s office,” asked Sanitoa.

Vargas explained that part of the problem is that the Criminal Justice and Planning Agency does not control the money — the funding is controlled out of Washington Department of Justice.

“As I understand that going back to 1995-1996, those fundings were supposed to be allocated when needed, sometimes it happens sometimes it didn’t but the decision was not of the AG’s office nor the Public Defender’s office,” said Vargas.

He told the lawmakers there are two lawyers at the PD’s office at the moment and they are in contact with a Court Magistrate Judge in Missouri that is interested in coming to work as the PD.

“He’s at the stage where I am now. It's not about money but going into my golden years enjoying what you do and I have always loved the law,” said Vargas.

Sanitoa commended Vargas for his work and commented that he’s hopeful the Governor and his leadership at some point will “seriously” look at the department’s budget and provide additional funding so the PD’s office is able to pay the salaries.

Vargas told the lawmakers that he did not have a chance to discuss the financial state of the PD’s office and now he’s taken on a short-term contract in light of the resignation of the former PD Michael White.

Senator Togiola T. A. Tulafono inquired about the salary of the Public Defender. According to Vargas, at the moment he’s on a short-term contract and the salary per annum for the PD is $75,000.

The budget for the Public Defender’s office proposed for the new financial year amounts to $453,000 — an increase from $440,000 previously. The salaries proposed for the PD’s office amounts to $357,888 from the $453,000 proposed budget, leaving more than $90,000 for its office operation.

There is also an allocation of $500 for psych evaluation for defendants; $500 for a consultant to translate for clients that do not speak english, or samoan and a total of $3,000 for off island training and seminar fees.

A total of $4,5000 is allocated for supplies including office, janitorial and textbooks.

Furthermore, $17,000 for contract employees plus dependents, new hires and training and for travel for case investigations and witness interviews. The proposed budget outlines that $42,500 is allocated to pay for housing for the Public Defender and also Assistant PDs and utilities.

The budget outlines four positions for lawyers including the Public Defender whose salary is $75,000 and four staff members.

To date the Office of the Public Defender has one lawyer contracted as Acting PD Senior lawyer David Vargas after resignation of former PD, Michael White, after working there for 11 years and four of these years as a Public Defender.

BACKGROUND

Last week the House Government Operations committee held a confirmation hearing for the acting Director of the Office of the Public Defender.

This was after the House of Representatives received a letter from Gov. Lemanu confirming the appointment of David Vargas as the Public Defender.

According to Lemanu, Vargas is a well-known attorney who has worked in American Samoa since 1995. That included two years that he worked as an Assistant Public Defender (APD).

In July, Vargas agreed to temporarily fill the role of the acting PD until a permanent PD could be found. Lemanu also said that Vargas’ 90-day term as acting PD ends in October and it appears likely that the new PD will be here in December.

Vargas, who has been in private practice for about three decades, has served as an independent prosecutor on several cases.

Former Public Defender, Michael White, who has been the only attorney in the PD’s Office since March, resigned at the beginning of March. The court ordered that after a two-week break to take care of his health, White was required to handle pending cases of defendants he had represented.