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Kozer offered defense director job

by Herald Staff WriterCameron Probert
| November 29, 2011 5:00 AM

EPHRATA - The Grant County commissioners offered the top job in the Department of Public Defense to Stephen Kozer.

Kozer, presently an attorney in the department, tentatively accepted on the condition he could stay with the department if he left the director's job.

The appointment is part of an agreement to end monitoring of the Grant County public defense system. The director will head a combined department including felony, juvenile and district court public defenders.

Commissioner Richard Stevens said monitor Tito Rodriguez approved the appointment as well.

The American Civil Liberties Union's main concerns are salary parity between public defenders and prosecutors and past management, Kozer said.

"I think the conversation with the monitor went very well," he said. "I already started doing a criteria for evaluation for Kacie Maggard and Christian Cabrera ... When it comes to the monitor, I didn't think it was rough. It was really basic, simple things."

Kozer pointed out concerns about Evan Savoie. The 21-year-old man facing a second trial for the murder of Craig Sorger in 2003. The department may not be able to represent Savoie since it has represented one of the state's main witnesses in the murder.

"There are rules of professional responsibility, when we have a conflict that's been imputed to one, it's been imputed to the whole office," he said.

The case will be assigned to an attorney outside of the office, he said.

"The ACLU insists that this case be re-investigated from the very beginning," Kozer said.

Kozer applied to the job after people in the office requested he take the job, because they see "considerable" issues in the department, he said.

"They know my work ethic and they know that I follow through," he said.

The commissioners' goal is to end monitoring in three months after Kozer becomes director.

The plaintiffs can decide to extend it for another three months after receiving Rodriguez's report.

"That saves us a considerable amount of money," Stevens said. "Not just paying the monitor, but all the other attorneys who get engaged every time a shot is fired across the bow."

Kozer said he would take the position, as long as he could get a written agreement from the county allowing him to stay in the department if he has to leave the position.

"I need to have some type of job security ... I'm very happy to be where I'm at, working on cases. Today, I'm chosen, tomorrow, I could be out the door, and watching that go on with (Director Rafael Gonzales,)" he said. "I'd be glad to be here for another 25 years."

Stevens said it is unlikely to be a problem.

Stevens' main concern was the transition of Kozer into the position, he said.

"We're really not sure when you want to take over," Stevens told Kozer. "We've got a growing problem with our case load crunch. I've been worried about it, but the fact that things have been held up ... We've lost a month and a half."

Kozer is presently handling 40 to 45 cases, which either need to be resolved or transferred to another attorney. He estimated about 12 of them could be resolved in December.

The exiting director, Rafael Gonzales, is taking a position as an attorney contracted with the county to handle public defense.

Kozer has already been working on figuring out which cases he will continue to handle during the transition, he said.

Rodriguez said there is likely some flexibility in Kozer keeping some cases, but the plaintiffs will want specifics about the circumstances.