County, state officials discuss next steps for Andis following mistrial order

BEDFORD — Following a recent mistrial order from Lawrence County Superior Court I Judge John Plummer III, the future for Bruce Andis as Lawrence County's Chief Public Defender could be called into question.

Plummer's ruling stated that Andis had come to the court in defense of Tracy Gist, who is facing one Level 3 felony count of rape, unprepared to properly defend his client.

The ruling was based on testimony from Andis himself, who told the judge he had not taken any depositions for the case, did not make himself available to the defendant in the weeks leading up to the trial, did not interview individuals he had known to be witnesses of the events alleged in the case and did not provide a witness and exhibit list.

Related: Mistrial issued in Bedford rape case following inadequacy of defense, judge rules.

Plummer wrote in his order that the public defender's lack of preparation had violated the rights provided to his client by the Sixth Amendment of the United States Constitution, as well as provisions of the Indiana State Constitution which guarantee an individual effective representation at all stages of a trial.

Bruce Andis
Bruce Andis

According to Andrew Cullen, Indiana Public Defender Commission staff member, Andis potentially faces repercussions from two sources; the Lawrence County Public Defender board and the Indiana Supreme Court Disciplinary Commission, should a complaint be filed against him based on his handling of the case.

“Indiana statute is clear that local Chief Public Defenders report to the County Public Defender Board regarding personnel matters. The Indiana Supreme Court Disciplinary Commission has the responsibility for investigating and prosecuting misconduct claims against lawyers licensed to practice in Indiana,” Cullen said.

Others are reading: Lawrence County moving forward with Twin Creek Lick Branch Watershed Project.

“The Indiana Public Defender Commission does not have statutory authority to investigate claims of misconduct in the practice of law. The organization sets standards for caseloads and compensation,” he added.

Public Defender Agency

Local oversight of the Public Defender Agency is provided by a three-person board. Its members are Chairman Brent Steele, a Bedford attorney and former state senator, Bill Spreen, former Lawrence County commissioner, and Jerry Hill.

The board meets quarterly with Andis and Spreen said its main concerns are that the agency is in compliance with the state Public Defender Commission's limits on attorney case loads, how the agency is operating and reviewing the budget.

In comments to the Times-Mail, Spreen said he has always had full confidence in Andis in leading the agency.

"I was as surprised as anyone else and very disappointed he wasn't better prepared," Spreen said. "As far as I'm concerned this is inexcusable."

Pandemic update: Lawrence County's COVID cases up 60.8%; Indiana cases surge 16.8%.

He said the board met with Andis earlier this month and no concerns about cases were mentioned, but he also added, the board would not typically be informed or ask about specific cases the attorneys were involved with.

"We're more concerned with case loads because there is a lot of guidance from the state on how many cases the attorneys can have at one time," he said.

Spreen said Andis did inform them he plans to retire in September.

Andis was appointed to lead the PDA in 2019 and has been with the agency since 2012.

Spreen said he anticipates the board "will take some kind of action."

Lawrence County created the Public Defender Agency 12 years ago. Spreen was a county commissioner when the agency formed with attorney Lorinda Youngcourt as its first director.

Prior to the formation of the agency, the county contracted with attorneys to represent defendants who could not afford to hire counsel. Under that system, the county was on the hook for the entire cost of the attorney fees. Another factor in forming the agency, persons charge with high level felonies such as murder, must be represented by an attorney deemed qualified for such cases.

Lawrence County development: Shance Sizemore looks ahead to growth, investment in 2022.

As a member of the Public Defender Commission, Lawrence County is compensated a percentage of its costs through the Public Defense Fund. Still, there have been concerns about the agency's ballooning budget. Spreen said the agency operated on a budget of less than $300,000 the first year. The agency's need for more funds is due to sharp increases in drug arrests and children in need of services cases that have contributed to the agency's case load.

The budget for the Public Defender Agency has climbed to nearly $1 million. The total proposed budget for 2022 was about $1.02 million. However, the final budget approved by the Lawrence County Council was $896,053.

Noah Dalton is a reporter in Bedford, IN. He can be reached at ndalton@tmnews.com,

Contact Times-Mail Staff Writer Carol Johnson at cjohnson@tmnews.com or 812-277-7252.

This article originally appeared on The Times-Mail: What's next for Lawrence County Chief Public Defender Bruce Andis?