Brown v. Board of County Com'rs of Washoe County

Batjer, J.,

concurring:

I concur with the other members of the court in this opinion. The legislature of this state has long ago determined that lawyers appointed to represent indigents should be compensated for their services. The inequity that presently exists in the statutory compensation should be alleviated by the legislature.

I agree with the holding in the case of People v. Randolph, 219 N.E.2d 337 (Ill. 1966), but I would go further and hold that courts have the inherent power to enter an appropriate order ensuring that counsel do not suffer an intolerable sacrifice and burden. No particular segment of our population should be required to bear an unreasonable financial burden that belongs to society as a whole.

In the event the legislature fails to provide a system of reasonable compensation for lawyers appointed to defend indigents, this court should invoke its inherent power.