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For prosecutors in the state, when budget season comes around, it means looking at caseloads and determining if they need to make requests for more funding. Usually, the answer is yes.
Funding shortfalls are a problem facing public attorneys across the spectrum, particularly public defenders and county prosecutors.
A recent report from the Indiana Public Defender Commission put the median pay for full-time deputy prosecutors in the state at $83,685, while the median pay for public defenders is $77,304. Comparatively, the average salary for an attorney with the Indiana Department of Child Services is $96,000, according to Statehouse testimony from earlier this year.
Lower pay and funding most often manifest in staffing shortages, according to advocates for both prosecutors and public defenders.
On the prosecutorial side, specifically, advocates this year asked lawmakers to create an Indiana Prosecuting Attorney Commission, similar to the Public Defender Commission, that would set caseload and staffing guidelines that, if met, would result in reimbursement for participating counties. But various versions of that bill failed to pass.
Instead, elected prosecutors are turning to their local governments for possible funding relief. Here’s a look at that process in three of Indiana’s largest counties.
Vanderburgh County
For newly elected Vanderburgh County Prosecutor Diana Moers, going straight into a budget year can be a lot to handle.
“It’s the part of the job that not a lot of people consider when you think of a prosecutor,” Moers said. “Everybody knows that we go to court and we put bad guys in jail and prosecute cases. They see our trial work, but also, there’s a huge management side.”
Moers’ office has a staff of 80, including 23 prosecutors. But based on previous years, the office needs 55 more.
Starting much smaller, Moers asked the local county council for five more prosecutors and two additional support staffers. The total ask comes out to about a 9% increase per year until 2027, she said, with additional funds going toward attorney salaries.
The previous budget allocation for the office was about $2.8 million.
“We spread it out over four years to make it doable, and then also I cut a lot of items from the budget that I inherited, too,” Moers said.
The Vanderburgh County Prosecutor’s Office also receives about $2.6 million in grant funding, Moers added. That funding goes toward the cost of victim advocates.
The office is currently waiting to hear about an additional $1.9 million in grant funding.
“My goal is to attract and retain talent in prosecution as a specialty area of law,” Moers said. “And the longer that you do it, just like any other field, the better you get at it. So our goal is to make sure that we’re able to retain a lot of the folks that we have here so we have a great staff.”
The Vanderburgh County budget must be approved by Nov. 1, according to WEHT-TV.
Allen County
According to Allen County Prosecutor Mike McAlexander, a study from the Indiana Prosecuting Attorneys Council shows that his office needs to double its staff.
But McAlexander’s focus is on filling currently available positions.
“I think we can work more effectively or efficiently than that,” McAlexander said.
Currently, McAlexander’s office has 34 attorneys and roughly four open positions. This year marks the first time in his memory that a recent graduate hasn’t joined the office.
In 2023, the Allen County Prosecutor’s Office was allocated about $7.4 million, and McAlexander said he expects the next round of funding to be much the same, although he thinks a cost-of-living adjustment is possible. The 2024 budget is expected to be finalized Oct. 19, according to the Journal Gazette.
“The shortage of attorneys is the problem at the moment,” he said.
Marion County
Marion County Prosecutor Ryan Mears said the biggest hurdle for his office is that their salary is not competitive with private practice salaries in the Indianapolis area.
In 2023, the Indianapolis City-County Council allocated $31.3 million to Mears’ office. Mayor Joe Hogsett has proposed an increase to $34.3 million in 2024.
“It will make us more competitive in the marketplace and puts us in a good position going forward,” Mears said of the proposed funding increase. “I think the community will feel the impact.”
Currently, his office has openings for six deputy prosecutor positions, plus an investigator.
The City-County Council will vote on the proposed budget next month.
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