MAYVILLE - The district attorney's office will keep its presence inside Jamestown City Court during arraignments through the end of the year.
The County Legislature on Wednesday approved funding for a state-recognized pilot project that provides legal counsel for indigent defendants. The funding, just shy of $21,000, will allow a part-time assistance district attorney to remain in court.
"I think this is a very important program," said District Attorney David Foley. "I don't think the program has been an effective program without both parties present that need to be present in order to handle arraignments."
He added, "The court is going to look to my office to give input, react to people's criminal histories and make recommendations to whether or not people can be released."
At a cost of $63 per day to house an inmate, Foley said it is important, and cost-effective, to refrain from sending unnecessary defendants to the County Jail.
However, those working close to the facility said judging the success of the pilot is simply hard to quantify.
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"I don't see any reason to give the district attorney's office any more money than they currently have in their budget to do this job."
Bill Coughlin, D-Fredonia
"In regard to this program we are in support of this program," said Undersheriff Charles Holder. "It's a good program; it's the way of the future.
"Right now with the numbers in the jail we cannot say that the program is a huge success. The numbers do not show that in the city of Jamestown. Perhaps its because the program is so new we don't have a track record for it. Perhaps it's because of the number of arrests in the city of Jamestown."
As was the selling point when the pilot was pitched last year, Foley said any federal prisoner housed in the jail would net the county $94 a day. Holder, however, said no beds have been open to house any federal prisoners.
Ned Barone, county public defender, said his office will remain present at the court, alluding to a grant the county received from the state office of Indigent Legal Services. A portion of grant will be used to continue the pilot.
Several lawmakers, however, criticized the lack of "hard data" to prove whether or not the pilot project has actually saved the county any money.
John Runkle, R-Stockton; Tom DeJoe, D-Brocton; and Bill Coughlin, D-Fredonia, voiced opposition for the funding. A report, which highlighted an increase of defendants released on their on recognizance, was presented to the legislature's Public Safety Committee - as was stipulated when lawmakers last month agreed to fund the pilot for 30 days.
Coughlin, meanwhile, blasted Floey, noting his salary compared to the public defender's office and "lack of felony trials" he has tried.
"At the risk of beating a dead horse, which I'm not going to do again, I think we all know my position," Coughlin said. "I'm in favor of the pilot program; I think the pilot program is good government."
The former public defender said the DA's office should be present at court regardless of county assistance.
"I don't see any reason to give the district attorney's office any more money than they currently have in their budget to do this job."
Foley quickly responded, chastising Coughlin and noted his lack of felony trials while serving as public defender. He noted that his staff's salaries are similar, if not less, than that of similar counties in the state.
George Borrello, R-Irving, comparing costs and salaries in both departments, pointed out that the public defender's office has "consistently been over budget" regarding assigned counsel by hundreds of thousands of dollars every year.
"That is not a glass house a stone should be thrown from," Borrello said.
Legislature Chairman Jay Gould, R-Ashville, interceded and halted the heated exchange.
"We're talking about the pilot project, not the number of trials everybody does," Gould said. "We're off topic."
The pilot will be funded through December.