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LEGISLATURE’S COMMITTEE ON BUDGET,

Collection
Hearing Records
Sub-shelf
Budget, Appropriations and Finance
Kind
Hearing Record
Entity
Legislature of the Virgin Islands
Date
2027
Type
Testimony
Pages
16
Text
Native Text

LEGISLATURE’S COMMITTEE ON BUDGET, APPROPRIATIONS AND FINANCE OFFICE OF THE TERRITORIAL PUBLIC DEFENDER’S FISCAL YEAR 2027 BUDGET HEARING PRESENTATION INTRODUCTION AMENDED Good morning Honorable Senator Novelle E. Francis, Jr., Chairperson, Committee on Budget, Appropriations and Finance, other Honorable Senators of the Committee, Senators of the 36th Legislature of the Virgin Islands, others present in the legislative chambers, and the listening and viewing audience. Thank you for having me here today. My name is Jomo Meade, and I am the Chief Territorial Public Defender with the Office of the Territorial Public Defender, which we call the “OTPD”. Here with me today are our Chief Financial Officer, Ronald Moorehead, Administrator, Kieran Isidore and Assistant Administrator, Renelle Stephens. In April 2026, the OTPD submitted its anticipated budget request for fiscal year 2027 in the amount of Six Million Nine Hundred Fifty-Six Thousand, Two Hundred Twenty Dollars ($6,956,220.00). …

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LEGISLATURE’S COMMITTEE ON BUDGET, APPROPRIATIONS AND FINANCE OFFICE OF THE TERRITORIAL PUBLIC DEFENDER’S FISCAL YEAR 2027 BUDGET HEARING PRESENTATION INTRODUCTION AMENDED Good morning Honorable Senator Novelle E. Francis, Jr., Chairperson, Committee on Budget, Appropriations and Finance, other Honorable Senators of the Committee, Senators of the 36th Legislature of the Virgin Islands, others present in the legislative chambers, and the listening and viewing audience. Thank you for having me here today. My name is Jomo Meade, and I am the Chief Territorial Public Defender with the Office of the Territorial Public Defender, which we call the “OTPD”. Here with me today are our Chief Financial Officer, Ronald Moorehead, Administrator, Kieran Isidore and Assistant Administrator, Renelle Stephens. In April 2026, the OTPD submitted its anticipated budget request for fiscal year 2027 in the amount of Six Million Nine Hundred Fifty-Six Thousand, Two Hundred Twenty Dollars ($6,956,220.00). This year’s request is comparable with the fiscal year 2026 budget request of Six Million Six Hundred Ninety-Six Thousand, Two Hundred Twenty Dollars ($6,696,220.00), of which Six Million One Hundred Thirty-Three Thousand, Two Hundred Twenty Dollars ($6,133,220.00) was awarded. OTPD bases its budget request on the continued need for additional legal and support staff, increasing caseloads and case complexity, modernization, digital evidence review, expert witness services, employee retention, and staff training. We trust you will find this request essential to ensuring the continued delivery of effective legal representation. THE CREATION OF OTPD AND STAFF The Virgin Islands Legislature enacted the statutory provisions creating the OTPD and defining the scope of its mission in 1973 under Title 5, Virgin Islands Code §§3520–3528. Specifically, Title 5 V.I. Code §3521(a) establishes the OTPD for the purpose of representing indigent persons accused of criminal offenses before the Superior Court. Section 3524 (a) requires the OTPD to “counsel and defend such client at every stage of the proceedings against him, and at any appeal or other remedies before or after conviction that he considers to be in the interest of justice”. This means, therefore, that OTPD is legally obligated to represent every person who is indigent and brought before the Superior in a criminal matter from his initial appearance (advise of rights) to the amicable resolution of the matter or Office of the Territorial Public Defender FY 2027 Budget Presentation July 16, 2026 – AMENDED adjudication on the merit. Additionally, the OTPD is also required to litigate appeals on behalf of our clients before the Virgin Islands Supreme Court and the Supreme Court of the United States, if necessary. The OTPD exists pursuant to the constitutional mandate issued by the Supreme Court of the United States in Gideon v. Wainwright, 372 U.S. 335 (1963), which guarantees that every indigent person charged with a criminal offense has a Sixth Amendment right to effective assistance of counsel. The Sixth Amendment applies to the Virgin Islands pursuant to Section 3 of the Revised Organic Act of 1954, which serves as the de facto constitution of the U.S. Virgin Islands. The OTPD is comprised of two (2) divisions: one located in the District of St. Croix and the other in the District of St. Thomas/St. John/Water Island. Each division is staffed with attorneys licensed to practice law in the U.S. Virgin Islands or specially admitted to practice law in the Virgin Islands on behalf of the OTPD. The Office also employs administrative, investigative, clerical, and support personnel as needed to carry out its mission. The OTPD’s greatest resource is the dedicated men and women who carry out its daily mission of providing representation to indigent defendants charged with criminal offenses. I would like to thank all staff of the OTPD for carrying out their duty with a sense of purpose and for their continued commitment and service. STAFFING OVERVIEW St. Croix District The St. Croix District currently employs a total of nineteen (19) staff members, including seven (7) trial attorneys, one of whom is assigned to juvenile matters. Additional personnel include the Administrator, Chief Financial Officer, Director of Information Technology, one (1) Investigator, one (1) Paralegal (who is bilingual), one (1) Administrative Assistant, three (3) Legal Secretaries ( two (2) of whom are bilingual – one (1) fluent in Spanish and the other in French Creole (Patois), one (1) Receptionist, and one (1) Custodian. The district is currently seeking to fill one (1) attorney vacancy. St. Thomas/St. John/Water Island District The St. Thomas/St. John district currently employ a total of eighteen (18) staff members, including five (5) trial attorneys, and one (1) Appellate Territorial Public Defender. Additional personnel include the Assistant Administrator, one (1) Investigator, one (1) Paralegal, one (1) Network Specialist, one (1) Office of the Territorial Public Defender FY 2027 Budget Presentation July 16, 2026 – AMENDED Administrative Assistant, four (4) Legal Secretaries, one (1) Receptionist, one (1) Messenger, and one (1) Custodian. The district is currently seeking to fill one (1) attorney vacancy. Several OTPD personnel serve both districts due to the scope of their responsibilities, including the Chief Territorial Public Defender, Chief Financial Officer, Director of Information Technology, the Appellate Attorney, and the Administrators. All OTPD employees are unclassified and members of the Government Employees Retirement System (GERS). The Office currently employs a total of thirty-seven (37) employees. TERRITORIAL PUBLIC DEFENDER ADMINISTRATION BOARD The OTPD is a semi-autonomous government agency governed by the Territorial Public Defender Administration Board, which consists of five (5) attorneys from our community: the President of the Virgin Islands Bar Association or his/her designee; two (2) appointees of the Chief Justice of the Supreme Court, one (1) of whom must be a resident of the St. Thomas/St. John/Water Island judicial district and one (1) a resident of the St. Croix district; one (1) appointee of the Governor of the Virgin Islands; and one (1) appointee of the President of the Virgin Islands Legislature. The terms of the members appointed by the Governor and the President of the Legislature are the same as the terms of the persons who appointed them. Of the two (2) members appointed by the Chief Justice of the Supreme Court, one (1) shall serve for a term of three (3) years and the other one (1) shall serve for a term of two (2) years. A vacancy on the Board is filled for the unexpired term of the previous member. The current members of the Board are: • Clive Rivers, Esq. - Chairman • Amos Carty, Jr., Esq. • Daniel Cevallos, Esq. • Mark L. Milligan, Esq. • Kye Walker, Esq. CASELOAD AND WORKLOAD MANAGEMENT OTPD manages a diverse and complex caseload by providing holistic, client- centered representation to indigent individuals facing criminal charges. Many of our clients also face significant challenges, including mental health needs, Office of the Territorial Public Defender FY 2027 Budget Presentation July 16, 2026 – AMENDED housing instability, and limited educational opportunities. Our clients are the materially deprived and politically disposed. Regardless of their circumstances, OTPD remains committed to ensuring every client receives effective representation and the constitutional protections guaranteed by law. Territory-wide the OTPD has nine hundred seventy-four (974) open cases as of June 30, 2026. The St. Croix District has a total of five hundred ninety-one (591) cases pending: four hundred fourteen (414) felony cases, two (2) of which are homicides and one hundred thirty-two (132) firearm cases; sixty-seven misdemeanor cases; nine (9) juvenile matters; ninety-one (91) driving under the influence (DUI) cases; six (6) appeal cases; three (3) writ of habeas matters; one (1) involuntary commitment case. Our clients by gender are four hundred ninety-four (494) males and a total of ninety-seven (97) females. From January 1, 2026, through June 30, 2026, one hundred fifty-four (154) new cases were appointed in the St. Croix district: ninety-one (91) felony cases including two (2) homicides and twenty-two (22) firearm cases; forty-five (45) misdemeanor cases; six (6) juvenile matters; eleven (11) DUI cases; and one (1) involuntary commitment case. (See attachment 1) Of the five hundred ninety-one (591) cases pending in the St. Croix District, one hundred seventy- nine (179) are active (yet to be resolved through trial, plea, or dismissal), and four hundred twelve (412) matters have been resolved, with the clients currently serving probation. There are three hundred eighty-three (383) total cases pending in the St. Thomas/St. John/Water Island District as of June 30, 2026: two hundred forty- nine (249) felony cases, consisting of eight (8) homicides and sixty-six (66) firearms cases; sixty-six (66) misdemeanor cases; nineteen (19) juvenile matters; twenty-five (25) DUI cases; nine (9) appellate cases; one (1) involuntary commitment case; and fourteen (14) domestic violence (DV) show cause cases. In the St. Thomas/St. John/ Water Island District, our clients by gender consist of three hundred ten (310) males and a total of seventy-three (73) females. A total of one hundred seventy-seven (177) new cases were appointed to OTPD in the St. Thomas/St. John/Water Island District from January 1, 2026, through June 30, 2026: eighty-six (86) felony cases, including two (2) homicides and twenty-three (23) firearms cases; fifty-three (53) misdemeanor cases; ten (10) Office of the Territorial Public Defender FY 2027 Budget Presentation July 16, 2026 – AMENDED DUI cases; eighteen (18) juvenile matters; and ten (10) domestic violence (DV) cases. (See attachment 2) Of the three hundred eighty-three (383) total cases pending in the St. Thomas/St. John/Water Island District, two hundred seventy-four (274) matters are active (yet to be resolved through trial, plea, or dismissal), and one hundred nine (109) matters have been amiably resolved, with the clients currently serving probation. The St. Croix District has made significant progress in managing its active caseload through the assignment of two attorneys dedicated to courtroom matters. While the district previously carried a high volume of active cases, these efforts have improved case movement and resolution. The district's overall caseload numbers are also impacted by the length of probationary periods imposed in many cases, which may extend for several years. As a result, resolved matters may continue to appear in OTPD's caseload numbers while clients remain under court supervision. The caseload data reflects the significant volume and complexity of matters handled by the Office, including felony, homicide, firearm, misdemeanor, juvenile, DUI, appellate, and other court-appointed cases. Despite these demands, OTPD continues to resolve cases while managing a substantial number of active matters requiring ongoing representation. These caseload figures illustrate not only the volume of matters handled by OTPD but also the complexity of the representation required. OTPD's experience is consistent with the findings of the 2023 National Public Defense Workload Study, conducted by the American Bar Association, the National Center for State Courts, and the RAND Corporation. The study concluded that public defenders nationwide routinely carry workloads that exceed reasonable capacity for providing constitutionally effective representation and recommended substantially increasing workload standards to reflect the actual time required to competently represent indigent clients.1 While OTPD remains committed to fulfilling its constitutional responsibilities, these workload demands continue to place considerable strain on existing personnel. Continued investment in attorneys and support staff is essential to ensure effective representation, manage increasing caseloads, and preserve the integrity of the criminal justice system in the Virgin Islands. 1https://www.americanbar.org/groups/legal_aid_indigent_defense/indigent_defense_systems_improvem ent/natl-pub-def-standards/ Office of the Territorial Public Defender FY 2027 Budget Presentation July 16, 2026 – AMENDED STAFF WELLNESS Public defense is demanding work, and supporting employee wellness is essential to maintaining an effective and resilient workforce. A 2025 study found that one- third of attorneys reported symptoms of depression, nearly two-thirds reported symptoms of anxiety, and approximately 40 percent reported mental health or substance use concerns, highlighting the importance of addressing well-being within the legal profession.2 OTPD continues to encourage staff to utilize wellness resources available through the Government of the Virgin Islands and external programs, while promoting internal initiatives focused on mindfulness, self-care, and work-life balance. Supporting employee wellness strengthens the Office’s ability to retain dedicated professionals and continue providing effective representation to the community. Staff engagement and teamwork remain important components of OTPD’s workplace culture. Employees from both districts participated in the 2026 Government of the Virgin Islands Battle of the Agencies, with the St. Thomas/St. John/Water Island District placing 5th and the St. Croix District placing 7th out of 16 teams. In addition, the St. Croix District’s “OTPD Pin-nocent” bowling team earned 1st place in the Government of the Virgin Islands (GVI) Bowling League. These activities reflect the teamwork and employee engagement that contribute to a strong and supportive workplace. MODERNIZATION, TECHNOLOGY, AND OFFICE IMPROVEMENTS OTPD continues to invest in modernization efforts that strengthen operational efficiency, improve accountability, enhance security, and support the delivery of effective indigent defense services. These initiatives include improvements in case management technology, litigation support systems, cybersecurity infrastructure, and office facilities. Together, these investments ensure that OTPD has the tools and environment necessary to meet the growing demands of public defense. a. Defender Data Case Management System As reported last year, OTPD continues to utilize the Defender Data Case Management System as its primary case management platform. The system supports the management of client and case information, conflict checks, 2https://www.findlaw.com/legalblogs/practice-of-law/a-mental-health-check-in-for-thelegal- professional/ Office of the Territorial Public Defender FY 2027 Budget Presentation July 16, 2026 – AMENDED reporting, and case tracking, while providing reliable data to support operations, strategic planning, and legislative reporting. Defender Data is used daily by attorneys and staff in both districts, with ongoing efforts to incorporate historical case data to further enhance reporting and long-term analysis. b. Reduct As reported last year, OTPD continues to utilize Reduct to efficiently organize, review, and analyze electronic discovery, including body-worn camera footage, surveillance video, and electronic communications. The technology supports attorneys in managing large volumes of digital evidence and preparing complex cases more effectively. c. IT Migration and Security OTPD’s Management Information Systems (MIS) Division continues to strengthen the Office’s technology infrastructure by improving security, reliability, and operational resilience. Recent improvements include upgraded firewalls, modernized network switches, domain controllers for both districts, enhanced video surveillance and electronic access control systems, and Business Continuity and Disaster Recovery (BCDR) servers to protect critical information and support continuity of operations. MIS also continues to work closely with Defender Data administrators and developers to improve system performance and user support. In addition, OTPD has updated agency-wide information technology policies, including the Portable Storage Electronic Device (PSED) Policy, to strengthen data security and support compliance with Criminal Justice Information Services (CJIS) and National Institute of Standards and Technology (NIST) security standards. Looking ahead, OTPD is working with cybersecurity vendors to implement a Zero Trust security architecture designed to further protect confidential client information, reduce cybersecurity risks, and strengthen the overall resilience of the Office’s information systems. d. Office Facilities and Modernization OTPD’s commitment to modernization extends beyond technology and includes maintaining safe, functional, accessible, and professional work environments that support employees, clients, and the delivery of effective legal services. Office of the Territorial Public Defender FY 2027 Budget Presentation July 16, 2026 – AMENDED As previously reported, OTPD began the renovation of its St. Croix District office to improve the functionality and efficiency of the workspace. Phase 1 of the renovation has been completed and included the removal of decades-old carpeting, installation of modern flooring, and construction of additional office space to accommodate the Office’s growing team and caseload. These improvements have enhanced the appearance, functionality, and overall working environment of the facility. The next phase of modernization in the St. Croix District will focus on continued maintenance and operational improvements necessary to preserve the building and support the needs of the Office. Priority areas include roof and air conditioning repairs, paving of the parking lot, addressing limited employee parking availability, and improving accessibility for clients and visitors in accordance with ADA requirements. As the owner of the building, OTPD also has ongoing responsibilities related to maintaining the facility and ensuring it remains a safe and functional space for employees, clients, and tenants. In the St. Thomas/St. John/Water Island District, OTPD continues to seek a long- term facility solution to accommodate a growing staff and reduce reliance on leased office space. Securing a permanent facility would provide greater stability, allow for improved operational planning, enhance accessibility, and ensure that the Office has a workspace that appropriately reflects its mission and the critical services it provides to the community. These modernization initiatives demonstrate OTPD’s continued commitment to improving efficiency, strengthening security, supporting employees, and ensuring that both staff and clients have access to the resources necessary to fulfill the Office’s constitutional mission. FUNDING PARITY A fair and effective justice system requires both the prosecution and the defense to have the resources necessary to fulfill their constitutional responsibilities. For OTPD, funding parity begins with competitive compensation that allows the Office to recruit, retain, and develop experienced attorneys. Maintaining a stable and skilled workforce reduces turnover, strengthens continuity of representation, and ensures clients receive effective advocacy. Parity also extends beyond salaries. While the prosecution may have access to government resources and specialized experts, public defenders must secure independent experts and litigation support to effectively challenge evidence and Office of the Territorial Public Defender FY 2027 Budget Presentation July 16, 2026 – AMENDED protect the rights of their clients. Adequate funding for expert witnesses and specialized services ensures that cases are decided based on the facts and the law, rather than the resources available to either side. As criminal litigation continues to grow in complexity, OTPD attorneys must also receive ongoing training in areas including homicide, white-collar crime, crimes against children, DUI and drug offenses, DNA evidence, appellate practice, complex discovery, and emerging technologies. Continued investment in professional development ensures that attorneys are prepared to meet evolving legal and scientific challenges. This year’s budget request focuses on these essential needs: retaining qualified attorneys, providing access to necessary experts and litigation resources, and supporting continued professional development. These investments allow OTPD to fulfill its constitutional mission and provide effective representation to the people of the Virgin Islands. Before concluding and taking questions, I would like to briefly highlight OTPD’s accomplishments over the past year and outline our goals for the year ahead. ACCOMPLISHMENTS OTPD remains committed to strengthening indigent defense through investments in technology, professional development, employee wellness, and community partnerships. Continued training opportunities for attorneys, administrative personnel, and support staff ensure that employees have the tools and knowledge necessary to effectively serve clients and meet the evolving demands of criminal defense litigation. OTPD continues to utilize technology solutions, including the Defender Data Case Management System and Reduct, to improve case management, streamline reporting, and efficiently manage large volumes of electronic discovery. These tools enhance operational efficiency and support attorneys in effectively preparing and managing complex cases. Recognizing that employees are OTPD’s greatest asset, the Office continues to prioritize staff wellness through partnerships with the Division of Personnel, including annual health screenings and wellness initiatives. The 2026 OTPD Health Fair Days were held on July 7th in the St. Croix District and July 14th in the St. Thomas/St. John/Water Island District. Office of the Territorial Public Defender FY 2027 Budget Presentation July 16, 2026 – AMENDED OTPD also continues its partnership with the VI Justice Initiative through the Know Your Rights and Teen Intervention & Criminal Deterrence Project campaigns. During the reporting period, OTPD attorneys and staff volunteered to provide Know Your Rights presentations to 319 students in the Department of Education’s in-school suspension program in the St. Thomas/St. John/Water Island District. The program reached 181 boys and 138 girls, with 91% of participants reporting they liked the presentation, 91% indicating they gained new information, and 82% stating they were likely to apply what they learned. At this time, we do not have statistics from the St. Croix District. (See attachment 5) GOALS FOR THE REMAINDER OF FY 2026 AND FISCAL YEAR 2027 As we look ahead, the Office of the Territorial Public Defender remains committed to fulfilling its constitutional mission by strengthening public defense services, investing in our workforce, and enhancing support for our clients and the community. Our strategic priorities for the remainder of FY 2026 and Fiscal Year 2027 include: Recruit and Retain a Skilled Workforce Continue recruiting and retaining qualified attorneys and professional support staff to address vacancies and strengthen operations in both the St. Croix and St. Thomas/St. John/Water Island Districts. Invest in Professional Development Provide ongoing specialized training opportunities for attorneys and staff to ensure they remain current on developments in criminal law, forensic science, emerging technologies, and best practices in public defense. Enhance Client Services Expand access to re-entry resources by connecting eligible clients with organizations that provide criminal record expungement assistance, treatment resources, and other support services that promote successful reintegration into the community. Strengthen Community Partnerships Build and expand collaborative relationships with government agencies, community organizations, and service providers to increase access to educational opportunities, treatment, rehabilitation, and other supportive resources for clients. Office of the Territorial Public Defender FY 2027 Budget Presentation July 16, 2026 – AMENDED ATTACHMENT 1: ST. CROIX DISTRICT CASELOAD JANUARY 1, 2026 – JUNE 30, 2026 Total Number of Cases as of June 30, 2026 591 Active Cases 179 Probation Cases 412 Felonies -Firearm – 132 -Homicide – 2 414 Misdemeanors 67 Juveniles 9 DUI 91 Appeals 6 Writ of Habeas 3 Involuntary Commitment 1 DV-Show Cause 0 Females 97 Males 494 Total Number of Cases Appointed from January 1, 2026 - June 30, 2026 154 Felonies -Firearm – 22 -Homicide – 2 91 Misdemeanors 45 Juveniles 6 DUI 11 Appeals 0 Writ of Habeas 0 Involuntary Commitment 1 DV- Show Cause 0 Female 39 Males 115 Total Number of Cases Closed as of June 30, 2026 210 Office of the Territorial Public Defender FY 2027 Budget Presentation July 16, 2026 – AMENDED ATTACHMENT 2: ST. THOMAS/ST. JOHN/WATER ISLAND DISTRICT CASELOAD JANUARY 1, 2026 – JUNE 30, 2026 Total Number of Cases as of June 30, 2026 383 Active Cases 274 Probation Cases 109 Felonies -Firearms – 66 -Homicide – 8 249 Misdemeanors 66 Juveniles 19 DUI 25 Appeals 9 Writ of Habeas 0 Involuntary Commitment 1 DV-Show Cause 14 Females 73 Males 310 Total Number of Cases Appointed from January 1, 2026 – June 30, 2026 177 Felonies -Firearm – 23 -Homicide – 2 86 Misdemeanors 53 Juveniles 18 DUI 10 Appeals 0 Writ of Habeas 0 Involuntary Commitment 0 DV-Show Cause 10 Females 38 Males 139 Total Number of Cases Closed as of June 30, 2026 61 Office of the Territorial Public Defender FY 2027 Budget Presentation July 16, 2026 – AMENDED ATTACHMENT 3: ST. CROIX DISTRICT CASELOAD 2025 Total Number of Cases as of December 31, 2025 506 Active Cases 95 Probation Cases 410 Felonies -Firearm – 117 -Homicide – 1 360 Misdemeanors 49 Juveniles 5 DUI 82 Appeals 6 Writ of Habeas 3 Involuntary Commitment 1 DV- Show Cause 0 Females 80 Males 426 Total Number of Cases Appointed from January 1, 2025 – December 31, 2025 350 Felonies -Firearm – 56 -Homicide –1 219 Misdemeanors 92 Juveniles 7 DUI 29 Appeals 3 Writ of Habeas 0 Involuntary Commitment 0 DV- Show Cause 0 Females 89 Males 261 Total Number of Cases Closed as of December 31, 2025 419 Office of the Territorial Public Defender FY 2027 Budget Presentation July 16, 2026 – AMENDED ATTACHMENT 4: ST. THOMAS/ST. JOHN/WATER ISLAND DISTRICT CASELOAD 2025 Total Number of Cases as of December 31, 2025 268 Active Cases 159 Probation Cases 109 Felonies -Firearms – 66 -Homicide – 8 191 Misdemeanors 35 Juveniles 8 DUI 20 Appeals 9 Writ of Habeas 0 Involuntary Commitment 1 DV-Show Cause 4 Females 53 Males 215 Total Number of Cases Appointed from January 1, 2025 – December 31, 2025 354 Felonies -Firearm – 28 -Homicide – 6 194 Misdemeanors 89 Juveniles 36 DUI 26 Appeals 2 Writ of Habeas 1 Involuntary Commitment 1 DV-Show Cause 5 Females 22 Males 101 Total Number of Cases Closed as of December 31, 2025 226 Office of the Territorial Public Defender FY 2027 Budget Presentation July 16, 2026 – AMENDED ATTACHMENT 5: 2025 ANNUAL REPORT IMPACT BY THE NUMBERS