Indigent Cases Rejected in Budget Move : Courts: Public defenders’ preparation for funding cuts draws criticism because more-expensive private attorneys will have to be hired.

In a move that drew criticism, Orange County public defenders refused to accept any new cases Wednesday and plan to continue the practice one day a month because of anticipated budget cuts.

Judges and court commissioners in several Orange County Municipal and Superior courts were forced to appoint private counsel for several dozen indigent clients. Private appointments are likely to increase costs for the financially strapped county, court officials said.

Public Defender Ronald Y. Butler said rejecting new cases on a limited basis is the only way to prepare for an anticipated 6.2% slash in his department’s budget, which totaled about $18 million for the 1992-93 fiscal year. Layoffs are possible, he said.

Dist. Atty. Michael R. Capizzi criticized the move because it worsens the county’s fiscal woes. Capizzi, along with other county officials, said that appointing private counsel will cost more money, although comparison figures were not available Wednesday.

Members of the Orange County Board of Supervisors, who ultimately approve funding for the public defender’s office, could not be reached for comment. The financially strapped county is facing an $80-million shortfall in its $3.5-billion budget due to the state’s increasing demand for a larger share of local property tax revenues.

“This is not a protest in any way at all,” Butler said. “We have been informing the county administrative office all along that we would be getting off cases because we have to manage a caseload that is within our capabilities.”

The move is needed to pare down caseloads so that when the budget cuts strike, deputy public defenders will not have to drop cases in the midst of defense work, he said.

“We don’t want to have to get off cases where an attorney-client relationship has been established,” Butler said.

Cases rejected by the public defender’s office will go to defense attorneys who contract with the county to provide work on cases that the public defender cannot accept because of a conflict of interest.

The contract attorneys receive about $12 million annually, county officials said. Representatives for those attorneys could not be reached Wednesday for comment.

Butler said his office plans to continue the practice one day a month in Municipal and Superior courts in Santa Ana, Westminster and Fullerton, but that could change. Juvenile Court cases will not be included, he said.

Capizzi said the public defender’s plan “borders on being irresponsible since it does not save any money and will cost the county more. It’s not in the best interest of the public.”

Although he expressed concern about the impact of funding cuts on the district attorney’s office, Capizzi said he will wait until the final budget is approved before making changes in office operations.

Robert B. Kuhel, executive officer of the Central Municipal Court in Santa Ana, said there is a concern that the public defender’s plan to reject cases could overburden contract attorneys.