The Joplin Globe, Joplin, MO

State News

Discussion

November 3, 2009

Missouri: Court considers when to name public defenders

The Associated Press

JEFFERSON CITY, Mo. — State public defenders who contend that excessive caseloads compromise their ability to represent their clients urged the Missouri Supreme Court on Tuesday to allow them to reject requests to represent some defendants.

The Public Defender Commission has adopted rules allowing overburdened public defenders to reject clients who have previously hired a lawyer and in certain other cases. The policies are designed to relieve public defenders whose caseloads far exceed professional standards.

A U.S. Department of Justice standard recommends a maximum annual caseload of about 150 felonies per defender, depending on factors including complexity and attorney experience. Cat Kelly, a state public defender deputy director, said Missouri defenders on average handle about 300 every year.

Prosecutors from central and eastern Missouri who are challenging the rules contend that the public defender system must represent criminal defendants who face time behind bars but cannot afford to hire lawyers.

The Supreme Court heard arguments Tuesday arising from two cases in which public defenders declined to represent defendants after being assigned to the case by trial judges.

In one case, a St. Francois County judge ordered a public defender to represent Steven Roloff, who was charged in 2007 with felony assault and abuse of a child. Roloff’s private attorney had withdrawn from the case shortly before a November 2008 trial.

The Public Defender Commission is challenging the assignment because of its rule that defendants who had hired a private attorney are not eligible for a public defender unless granted an exception.

In the other case, Boone County judges attempted to appoint public defenders to represent two people accused of violating probation. The public defenders’ office invoked a rule allowing them to refuse to represent defendants in certain probation cases.

A state appeals court ruled in April that public defenders could not refuse the probation cases, and that decision was appealed to the state Supreme Court.

Patrick King, the assistant prosecutor for St. Francois County, argued Tuesday that the public defenders’ restrictions for taking new cases conflicts with their duties and should not be enforced, and that judges can appoint lawyers to represent defendants.

“This regulation acts to refuse representation of otherwise eligible people, of otherwise indigent persons,” King said.

Daniel Gralike, a public defender deputy director, argued the commission is allowed to manage the public defender system and set up rules for appointing lawyers.

The problems with Missouri’s public defender system are not new. A special legislative committee studied the issue in 2006. Earlier this year, legislation was approved allowing the Public Defender Commission to set up maximum caseload standards and establish waiting lists to be assigned a lawyer. It also would have allowed trials to proceed for misdemeanor offenses without a public defender if prosecutors are not pursuing any jail time.

But Democratic Gov. Jay Nixon vetoed the bill, saying it could have shifted more work to courts and prosecutors and burdened defendants and crime victims.

Kelly said in an interview after Tuesday’s hearings that there are too many cases and too few lawyers.

“It’s not a constitutional guarantee to have a body standing beside you. It’s a constitutional guarantee to have a lawyer who really investigates your case, who researches what the law in your case is, who litigates the case,” Kelly said.

A study issued last month by the Spangenberg Group and the Center for Justice, Law and Society at George Mason University in Fairfax, Va., warned that Missouri’s public defender system had been pushed “to the brink of collapse.” Researchers said there had been little improvement since 2005 and that Missouri ranked 49th in per-capital spending for indigent defense.

Text Only
State News
  • Lions climb into share of MIAA men's basketball lead

    Without taking the floor, Missouri Southern has climbed into a first-place tie in the MIAA men’s basketball race.

    February 22, 2012

  • 2.6 magnitude earthquake recorded in Oklahoma

    The U.S. Geological Survey has recorded a 2.6 magnitude earthquake near Wellston in central Oklahoma.
    No injuries or damage is reported.

    January 19, 2011

  • Audit: $108,000 taken from Missouri Veterans Commission JEFFERSON CITY, Mo. — A former employee of the state auditor’s office embezzled nearly $108,000 while working as an accountant for the Missouri Veterans Commission, the state auditor alleged Monday.

    Stacy Griffin-Lowery was fired by the Veterans Commission in March 2008 and pleaded guilty three months later to a misdemeanor theft charge. She repaid the state $17,665, the auditor’s office said.

    But Missouri Auditor Susan Montee on Monday accused Griffin-Lowery of swiping an additional $90,192 by getting reimbursed for cash advances and purchases made on her personal credit card.

    April 12, 2010

  • Race in Kansas’ 2nd District could heat up for GOP incumbent TOPEKA, Kan. — A conservative Kansas legislator said Monday he will announce in a few weeks whether he will challenge freshman U.S. Rep. Lynn Jenkins in the Republican primary.

    State Sen. Dennis Pyle’s actions in recent months suggest the Hiawatha farmer, who’s served in the Legislature since 2001, is running against Jenkins in the Aug. 2 primary. He set up a campaign organization in November and has a Web site featuring a brief video of him on his farm, asking viewers for support.

    April 12, 2010

  • Oklahoma tea party leaders, lawmakers envision militia OKLAHOMA CITY — Frustrated by recent political setbacks, tea party leaders and some conservative members of the Oklahoma Legislature say they would like to create a new volunteer militia to help defend against what they believe are improper federal infringements on state sovereignty.

    Tea party movement leaders say they’ve discussed the idea with several supportive lawmakers and hope to get legislation next year to recognize a new volunteer force

    April 12, 2010

  • Missouri: Senate panel cuts $500 million from proposed budget JEFFERSON CITY, Mo. — A Senate committee declared Thursday that it has sliced more than $500 million from Missouri’s proposed budget for next year — meeting a target set by Gov. Jay Nixon to bring it in balance.

    April 8, 2010

  • Kansas: Wichita-area casino in doubt after governor’s decision TOPEKA, Kan. — A proposed casino south of Wichita was in doubt Thursday after Gov. Mark Parkinson refused to grant its developers a regulatory reprieve. Partners in the $225 million Chisholm Creek project wanted to delay a state board’s decision on their plans.

    April 8, 2010

  • Oklahoma: Groups oppose education spending initiative OKLAHOMA CITY — A coalition of business and labor groups said Thursday it will work to defeat a ballot initiative to dramatically increase spending on public education that coalition members said would devastate the budgets of many other state services and possibly force tax increases.

    April 8, 2010

  • Missouri: Gov. Nixon affirms support for tuition freeze COLUMBIA, Mo. — Missouri Gov. Jay Nixon has no plans to sit idly while lawmakers consider whether to preserve a tuition freeze deal he assembled before the state’s dire financial status was fully known.

    April 7, 2010

  • Kansas: Agency uses YouTube to illustrate road woes TOPEKA, Kan. — It’s one thing to hear about potholes and state budgets. It’s another to see how the two are connected. That’s part of the thinking behind a new video presentation on YouTube this week from the Kansas Department of Transportation.

    April 7, 2010