MARK WAITE / PVT Tom Gibson, at left, and Jason Earnest, address Nye County commissioners. Advertisement

Gibson and Kuehn, the law firm that has handled Nye County's public defender program since 2006, was given a five-year extension by county commissioners Tuesday, increasing their annual contract amount by $60,000 to $550,000.

Two attorneys for the firm, Jason Earnest and Tom Gibson, said the second Pahrump justice of the peace had increased their work and the economy has led to more indigent clients.

Commissioners disregarded a suggestion to go out for proposals so other law firms could bid on the contract.

A fourth attorney was promised to handle the caseload, joining Earnest, Gibson and Harold Kuehn, who was in Tonopah handling the murder trial of Jeffrey Schilling.

The appointment of a second justice of the peace, with a separate docket that will most likely require the hiring of another attorney, was not contemplated during the 2006 contract negotiations, Gibson and Kuehn stated in a letter to the commissioners.

They referred to three pending murder cases -- a "murder trifecta" -- and an attempted murder case against a sheriff's deputy as being an indication of the changing nature of the felony caseload in Pahrump.

County Commissioner Joni Eastley and 5th District Judge Robert Lane sat on a rural subcommittee studying indigent defense reform, after the state Supreme Court criticized the present system of representation. A letter from Gibson and Kuehn said those criticisms were directed at Clark and Washoe counties.

Gibson and Kuehn said their attorneys meet or exceed new qualifications and standards being mandated for public defenders.

Assembly Bill 45, an offshoot of that subcommittee, asks the state to reimburse counties for the cost of providing indigent defense. A hearing was held on the bill Wednesday.

Eastley said she wasn't optimistic about receiving state money for indigent defense, noting when there was a state public defender assigned to Nye County, there was only one attorney assigned to represent clients in Nye and other counties.

Eastley asked whether commissioners should request proposals from other law firms.

Nye County Chief Civil Deputy District Attorney Ron Kent said the commission wasn't required to solicit proposals on long-term, ongoing professional service contracts.

"If there are exigent circumstances, this board has the authority to revisit with regard to modifying the terms and conditions of the contract. Also the board certainly has the discretion to go out and get the biggest bang for the buck for the taxpayers and let it every time the term expires, but this is a discretionary call," Kent said.

Assistant County Manager Pam Webster warned, "An additional $60,000 funding could cost an employee if we do not get an increase."

"All of this stems from the state's unwilligness to fund indigent defense which they are required to do," Eastley said.

"This is a classic privatization of a public service contract," Earnest said. "The five-year contract locks it into a fixed rate. It would save the county money."

In his letter to commissioners, Earnest and Kuehn wrote, "A lower bid proposal, we believe, would collapse like a house of cards if implemented."

Webster suggested tabling the contract to address a few issues, as it doesn't expire until June 30. Earnest said they need a great deal of advance notice if their contract is being terminated with the pending murder cases. They also have commitments to pay people like secretaries and attorneys, he said.

A few members of the public asked to address commissioners.

Bruce Calley said it seems like a large amount of money with the economy affecting every state. He suggested the amount could be adjusted or the county could put the contract up to bid.

Judith Holmgren asked how many indigent clients the law firm serves. Earnest said, "We're looking at approximately 1,000 per year."

"With the times getting harder and harder," said Gibson, "we have more people that now qualify for public defenders because they lost their job or had a pay cut, and that increases our case load."

He noted attorneys for his firm make less than some of the salaries of deputy district attorneys published in the Feb. 13 Pahrump Valley Times.

If four attorneys split a contract of $550,000 they would be paid $137,500 apiece annually. That's just under what two longtime Nye County deputy district attorneys make.

Commissioner Lorinda Wichman spoke in favor of Gibson and Kuehn.

"I spent 40 years in another community where they routinely referred to the public defender's office as the public pretenders office, and I have never heard that here," Wichman said.