The chief public defender of an agency tasked with representing low-income defendants across five Hill Country counties was placed on a performance improvement plan this spring as her office faces scrutiny over its leadership, staff salaries and what one elected prosecutor described as “prime real estate” for its offices.
The Hill Country Regional Public Defenders Office’s oversight board placed Chief Public Defender Karli Kennell on the performance improvement plan at the end of April.
The scrutiny has extended beyond Kennell’s leadership.
Kendall County District Attorney Nicole Bishop in early May publicly questioned the salaries paid to employees of the regional public defenders office and the cost of its downtown Boerne office.
Those concerns have prompted Kendall County commissioners to review whether the county should continue participating in the regional program.
The Hill Country Regional Public Defenders Office (HCRPDO) was established in 2021 and provides court-appointed attorneys to people who cannot afford their own representation in Medina, Bandera, Kendall, Kerr and Gillespie counties.
Medina County became the lead administrative county for the agency in late 2022.
Public defender Xoe Howard told KSAT Investigates the regional nature of the agency means its needs differ from those of an individual district attorney’s office.
“We’re differently situated from any other particular DA’s office by virtue of what we do. But also because of who we serve,” Howard said. “We serve five counties, so we need obviously more resources to do so.”
The agency is led by Kennell, who declined requests from KSAT to be interviewed or to provide comment for this story.
During an April 30 meeting, members of the public defender office’s oversight board went into executive session for more than an hour.
After returning to open session, the board placed Kennell on the performance improvement plan.
KSAT Investigates requested a copy of the plan from Medina County human resources in June.
Officials attempted to block its release, however, citing a section of the Texas Government Code that relates to information considered intimate and embarrassing.
Medina County’s request for a ruling from the Texas Attorney General stated that releasing the document would have a detrimental effect on the employee (Kennell).
The AG’s office in late August ordered Medina County to release the record, writing that the public has a legitimate interest in information about employees of governmental bodies and their job performance.
The subsequent documents obtained by KSAT Investigates list several areas of concern under the categories “Communication and Professional Conduct” and “Accountability and Oversight.”
The three-page corrective action plan cited concerns that included unprofessional communication with Medina County departments, misinformation involving a judicial support document and grant approvals, failure to understand and adhere to Medina County budget procedures, and accepting recommendations from the agency’s oversight board.
Kennell’s 180 day performance improvement plan is scheduled to expire next week.
Days after Kennell was placed on the plan, Bishop took her concerns about the public defenders office to Kendall County commissioners.
“This is not a personal attack on the public defenders office,” Bishop told commissioners during their May 5 meeting. “I’m just stating facts. These are facts.”
Bishop questioned why the public defenders office operates out of what she described as “prime real estate” in downtown Boerne while her prosecutors work in tighter quarters inside the Kendall County Justice Center.
Lease records reviewed by KSAT Investigates show rent for the 5,700 square foot public defenders office rose to $14,533.27 per month beginning Sept. 1.
Bishop told commissioners that space constraints have forced employees to take turns using her office when they need to review sensitive case material and that one of her investigators works out of a closet.
She also questioned how much employees at the regional public defenders office are paid.
Salary records obtained by KSAT Investigates show HCRPDO’s office manager receives about 40% more in total compensation than the employee holding the same position in the Medina County District Attorney’s Office.
The records also show Kennell’s two deputy chiefs receive about 19% more in total compensation than Medina County’s first assistant district attorney, even though, combined, they have fewer years of legal experience than she does.
KSAT Investigates also compared their compensation with salaries in the Kendall County District Attorney’s Office. The records show the two deputy chiefs receive more total compensation than two of Kendall County’s three chief assistant district attorneys, despite having fewer years of legal experience.
Bishop urged county commissioners to press the oversight board on the salaries.
“Fiscal responsibility and fairness to the prosecutors that stand up for the citizens of this county, that we really look at this and tell that oversight committee that we’re really serious about this,” Bishop said.
Bishop warned that Kendall County should reconsider its involvement in the program if the salary concerns are not addressed and suggested commissioners tell the board, “If they don’t get these salaries in line and (Kendall County) Commissioner (Andra) Wisian doesn’t get some support on this subject, then we’re going to really look at not being part of this anymore.”
Kendall County commissioners subsequently approved a motion to review whether the county should continue participating in the regional public defender program.
Wisian is a member of the HCRPDO oversight board.
She did not respond to an email seeking comment for this story.
Kendall County officials have not indicated when or if commissioners will vote on whether to remain in the program.
Bishop noted during her remarks that the last time she spoke publicly about the HCRPDO, Kennell attempted to file a grievance against her with the Texas State Bar.
“The (state) bar basically said, ‘we’re not going to go forward on this because there’s nothing to it,’” said Bishop.
Howard defended both the salaries paid to staff and Kennell’s leadership during an appearance before the oversight board in August and during an interview with KSAT last month.
“We’re not here to get rich,” Howard told the board on Aug. 19. “I know there’s been a lot of contention around our salaries.”
“I just want you to know that she is doing a stand up job. Karli’s made some moves for our office,” said Howard, who told the board that office morale was excellent.
Howard again defended Kennell when KSAT Investigates visited the office.
“Ms. Kennell has been nothing but an excellent chief for us,” Howard said. “Everything that she does is for our interest and has no ill will or malice in anything that she does. It’s for the office.”
Howard pushed back against Bishop’s criticism of the salaries paid to HCRPDO staff.
“I think that that is an inappropriate comment,” Howard said. “Like, we’re here to serve the people.”
Howard said prosecutors and public defenders play different but equally important roles in the criminal justice system.
“She seems to have an opinion that her office is more important than ours because of what we do, but the Constitution provides for our jobs and neither are more important than the other,” Howard said. “We both have an interest in protecting the community.”
