Tom Pacher will take over the Island County public defense reins at the first of the year after more than 15 years of service by Coupeville lawyer Craig Platt and his staff.

Pacher, who currently maintains offices in Freeland and Friday Harbor, was named as the new public defender Monday at an Island County Commissioners’ meeting.

His proposal of $360,000 a year came in under Terry Smith’s $365,000 bid and Platt’s two proposals of $420,000 and $540,000. Platt also submitted a third proposal for a 12-month interim contract.

The commissioners solicited proposals for public defense in early July. Platt appealed to the board to rethink their decision at the time, highlighting his years of quality service for what he said was very little compensation, even as salaries paid out were increasing consistently.

“The bad news is, the indigent clientele in Island County will no longer have one of the best trial lawyers in Washington State representing them,” Platt said Tuesday. “The good news is, I’ll be available for everyone else.”

The commissioners maintained in July that their decision to solicit proposals was not a reflection of their feelings for Platt or his past service to the county.

“You’ve got three people here saying there’s no axe to grind,” Commissioner Mac McDowell said at the July meeting.

Each of the applicants underwent an interview process, during which time each attorney was evaluated by the commissioners and Superior Court judges. Criteria examined while scrutinizing the proposals included budget considerations, ability, experience, and a history of quality performance. Pacher’s proposal, coupled with his resume, ultimately bested the competition.

“Certainly Craig has done a very good job for Island County over the last number of years, but Mr. Pacher is perhaps equally qualified in that he was a part of the staff for Mr. Platt for some number of years and currently has the public defense contract for San Juan County,” said Commissioner Mike Shelton.

Pacher worked for Platt and Arndt for more than four years as an associate attorney. He currently handles the adult public defense cases in San Juan County, while a different attorney deals with juvenile and dependency cases. He was elated Monday to learn that he had been awarded the Island County contract.

“I’m excited,” he said. “It’s a really great opportunity. It’s a chance to build an office where clients can rely and trust in us. And an office where the staff looks forward to coming to work.”

The next few months will see Pacher searching for able staff to build his legal team. As he expands his office, initially he plans to find an office manager to help coordinate the hirings. Any big decisions, however, must first be run through his counsel.

“I consult with my wife,” he said.

The attorney is eyeing office space in Coupeville and Oak Harbor. The county seat would be ideal, he said, but he will look north if nothing adequate is available. Regardless, Pacher is just happy to serve Island County.

“This is a great place to work,” he said. “You get to practice and live where people vacation.”

Platt said the time to move on is upon him, especially in light of the commissioners’ decision. Although public service remains his passion, going into private practice will reap financial benefits, in stark contrast to public defense work.

“Less stress, more money,” he said.

The attorney said he has handled six homicides for the county since last year for a pittance, never asking for recognition but acting in goodwill. He had always been assured that his service was noticed and appreciated. Losing the contract never seemed a likelihood or even comprehensible.

“They looked a gift horse in the mouth,” Platt said.

As he sees it, his firm has been stigmatized for its aggressive defense of clients.

“We litigate,” he said. “We fight for the rights of our clients. That makes us unpopular.

“We’re too good at what we do. That’s the problem.”

During the recent interview process, Platt said he spoke “truth to power,” refusing to pander to the commissioners, who he said appeared offended that he was not “sucking up.”

“I couldn’t hold my head up if I didn’t tell them how it is,” he said.

In Platt’s opinion, “how it is” is that the county has grossly mishandled the contract.

Late last year, Grant County officials agreed to overhaul its public legal defense system after it settled a class-action lawsuit filed by the The American Civil Liberties Union of Washington and Columbia Legal Services. Island County is also under the ACLU’s microscope, Platt said.

“They think what’s going on here is wrong,” the Stanford University graduate added, describing Island County’s public defense contract as incompetent and rife with contradictory language that would not hold up to legal scrutiny. Over the years, public defense work has increased without appreciable increases in funding, he said.

Platt was recently named president of the Washington Defender Association, the first president not from Seattle. Pacher is a member of the association, which was instrumental in establishing the State Task Force on Indigent Defense and establishing standards for public defense services that have been endorsed by the Washington State Bar and referenced in legislation.

Platt said the county’s treatment of him is ironic given his reputation off-island. He said he maintains one of the best criminal defense success rates in the state.

“I’m famous elsewhere in the state,” he said. “Then I come home and I’m treated like a second-class citizen.”

Regarding Pacher’s new position, Platt said that his colleague does have experience, but he is worried about the sole practitioner’s daunting task of assembling a full office. The Coupeville attorney spoke to Pacher on Tuesday morning and offered to help him set up his office, ensuring that no people fall through the cracks. Platt said the most difficult part of public defense is obtaining and maintaining adequate staff willing to forego larger markets and work on Whidbey Island.

“You can’t get people to come up here from Seattle for the amount of money we can pay them,” he said.

Platt has been able to draw from an extensive database of applicants, he said, because his is a nationally-recognized public defender’s office practicing cutting-edge law.

“We get inquiries from all the top law schools and they come over the summer to work for free to see how we operate,” he said.

Pacher was grateful for the Tuesday morning call from Platt.

“He congratulated me and I really appreciated that,” he said.

The public defense contract is set to begin the first of the year and continue through 2010. Pacher’s solid work ethic will drive him as he serves Island County.

“Maybe it’s my German blood,” he quipped. “I’ve never been afraid of hard work.”