To suggest in “Our View — July 13, 2008” that the recent appointment by Judge Spencer to two new public defenders to the Delph case could give rise to an appeal based on inadequate assistance of counsel is a baseless allegation made by the editorial board without an adequate understanding of the facts.

The new public defenders in the Delph case are two of the many Madison County public defenders who are dedicated, hardworking and tireless advocates for those who are without adequate resources to pay their own counsel. Ironically, Madison County public defenders are the same attorneys who folks charged with a crime might hire if they had the funds to do so. After practicing for 30 years in this county, I know these attorneys and the high level of professionalism with which they practice. Without hesitation, they are some of the best criminal defense attorneys in the state. So Mr. Delph continues to be in good hands.

David Happe, chief public defender for the Madison County Public Defender Board, did not deny Zaki Ali’s and Joseph Cleary’s request, the Madison County Public Defender Board did. I should know, I am one of the two attorneys appointed by the local judges to volunteer my time and serve on the board. (The other member of the board is an attorney appointed by the county commissioners. He too volunteers his time.) The decision to reject employment of outside counsel for Mr. Delph was just common sense. When a public defender leaves the program he leaves his public defender cases behind. Those public defenders who remain in the program close ranks and step up to continue to represent the leaving defenders cases. It is not unusual in litigation to have a change of counsel. The clients continue to be well served. There is simply nothing unconstitutional about appointing Madison County public defenders.

By the way, the Board did not take up the issue of what experts Mr. Delph should employ to counter the evidence made by the Bureau of Alcohol, Tobacco and Firearms and its “many resources”. That decision is left up to the public defenders and the trial judge. What the Board did decide is whether Mr. Delph should continue to be represented by one of our Madison County public defenders or an outside counsel. We decided on the former.

The editorial board used the word “unconscionable.” What is truly unconscionable are the low salaries which our public defenders earn from the county while pouring their talents, hearts and souls into each case. Perhaps that should be a topic of a future editorial.

Theodore F. Smith Jr., attorney at law, is a member of the Madison County Public Defender Board.