Editor’s note: This essay is part of Mississippi Today Ideas, a platform for thoughtful Mississippians to share their ideas about our state’s past, present and future. Opinions expressed in guest essays are the author’s own and do not necessarily represent those of Mississippi Today. You can read more about the section here.
Toward the end of last year, one of my strongest attorneys walked into my office and told me he was leaving. He loved being a public defender and believed deeply in representing people who could not afford a lawyer.
But he could no longer afford to stay. Assistant public defenders in Hinds County earn, on average, more than $50,000 less than their prosecutor counterparts.
As the Hinds County public defender, I know firsthand that our county needs a meaningful investment in public defense. Since taking office in 2020, I have dealt with an average of two staff vacancies during my entire tenure, and I have had nearly 20 attorney resignations.
The vast majority of these are not lawyers chasing prestige or profit. They are public servants forced to choose between serving the people of Mississippi and providing for their own families.
Gail Wright Lowery Credit: Courtesy photoWhen experienced public defenders leave Hinds County, it is not just a staffing issue. The U.S. Constitution promises people who are accused of a crime the right to a lawyer and a fair court process. Our faith compels us to ensure they do not walk through the legal system alone. But our public defense system is stretched so thin that many languish in jail for months waiting for their cases to move.
People miss work and often lose their jobs. Parents cannot care for their children. And taxpayers foot the bill of prolonged pretrial detention – all before a judge has determined guilt or innocence.
While I have dealt with staff shortages, the crisis in Hinds County has reached a breaking point. Last year, the Mississippi Legislature added a fifth circuit court judge in Hinds County to hear criminal cases, significantly impacting staff shortages and mounting workloads.
Our primary detention facility, the Raymond Detention Center, is now at “emergency” levels, housing a significant number of people above capacity. According to a recent review, there still remain people in our county who have been locked up for months without an indictment, and several who have been detained for more than a year.
We have a meaningful opportunity to address this constitutional crisis. On Monday, the Hinds County Board of Supervisors will consider my office’s request for a $350,000 equity adjustment to bring our starting salary up to parity with the one county-funded assistant district attorney salary. By approving this emergency funding, the Board of Supervisors will join a growing movement of Mississippians who understand investing in public defense is a fiscal, constitutional and moral imperative.
While I will need over $1 million to achieve full parity with the DA’s office, this equity adjustment will greatly assist retention and recruitment efforts for the experienced attorneys and for support staff I need to effectively manage our office’s high caseloads. The only year I haven’t lost any attorneys because of low pay was in 2022—when our senior circuit court judge ordered a one-year salary supplement to the assistant public defenders in my office.
I can appreciate and recognize that funds are strained, but I also know that public defense is a smart investment. Studies show that across the country, counties that invest in public defense save millions each year because early, effective representation avoids the costs of unnecessary jail time and keeps our citizens working instead of being detained.
A well-funded public defense system doesn’t just save money, it saves lives. With private philanthropic support, my office has recently hired two client advocates. These professionals work hand in hand with our social worker. In less than two years, their work has helped clients collectively spend considerably more years in their communities rather than behind bars. Each client gained valuable years to live, work and care for their family.
This is Hinds County’s — and more broadly, Mississippi’s — moment. Mississippians do not want our taxpayer dollars funding unnecessary pretrial detention.
We believe in the Constitution, which recognizes public defense as a fundamental legal right to protect us from government overreach. No one should sit in jail without a fair opportunity to have their day in court.
On Monday, the Hinds County Board of Supervisors can continue to recognize public defense as a priority for our county. They can seriously consider and hopefully vote to approve at their next regularly scheduled board meeting, the modest equity adjustment we need to stabilize our public defender’s office, reduce unnecessary detention and honor the constitutional promise that justice does not depend on wealth.
This is not about politics. It is about whether Hinds County will meet its legal and moral obligations — or continue paying the human and financial costs associated with unnecessary detention. Assuring that clients are effectively represented in the criminal justice system should be of paramount concern. Now is our time to act.
Gail Wright Lowery has served as the public defender of the 7th Circuit Court District of Hinds County since February 2020. Lowery previously served as Jackson municipal court judge and as assistant attorney general of the state of Mississippi. She is a native of Jackson and attended Jackson State University and Northwestern University School of Law, Chicago.
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