HCS SCS SB 767 -- PUBLIC DEFENDER SYSTEM

SPONSOR:  Goodman (Stevenson)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 6 to 3.

This substitute authorizes the addition of one associate circuit
judge in the 16th, 39th, and 40th judicial circuits and two
associate circuit judges in the 21st and 31st judicial circuits.
Six circuit judges are removed from the 22nd judicial circuit,
and one circuit judge is removed from the 43rd judicial circuit.

A court is authorized to waive, without the necessity of a
motion, all costs and expenses related to the prosecution of a
suit when a party is represented by a legal aid clinic utilizing
the services of law students licensed to provide legal services
to indigent persons in accordance with Missouri Supreme Court
Rule 13.01.

The Public Defender Commission is required to establish maximum
public defender caseload standards to ensure the system fulfills
the state's constitutional obligations to provide effective legal
representation and comply with the rules of professional conduct
for attorneys.  The caseload standards must take into account
national public defender caseload standards, the particulars of
attorney practice in local jurisdictions, and the needs of the
criminal justice system.  The commission may authorize the
Director of the Office of State Public Defender to contract with
private attorneys to provide defense services when caseload
standards cannot be met.  Any person determined to be eligible
for public defender services but the services are not available
will be placed on a waiting list.  The substitute specifies that
the public defender must provide services to eligible persons in
any misdemeanor case only when the prosecuting attorney has
requested a jail sentence which will probably result in
confinement.  The public defender will not be available for
appointment by the court in noncapital state post-conviction
proceedings.

When the public defender is unavailable to accept additional
cases because maximum caseloads have been met, the court and the
public defender must proceed as follows:

(1)  The public defender must continue to make indigency
determinations and inform the court of its determinations;

(2)  The court may proceed without providing counsel to the
defendant if, after consulting with the prosecuting attorney, it
determines that a case can be disposed of without a jail or
prison sentence;

(3)  The court must place the case on a waiting list for public
defender services if a jail or prison sentence remains a possible
disposition; and

(4)  The court determines the order in which cases are placed on
the waiting list depending on specified circumstances.

The office director will set the compensation of all personnel of
the public defender system except for deputy directors and must
ensure that public defender caseloads remain within the maximum
standards established by the commission.

Any unexpended balance in the Legal Defense and Defender Fund
equal to 20% of the current annual appropriation will be exempt
from the provisions requiring its reversion to general revenue.

FISCAL NOTE:  Estimated Income on General Revenue Fund of
$119,997 in FY 2009, $239,856 in FY 2010, and $245,571 in
FY 2011.  No impact on Other State Funds in FY 2009, FY 2010, and
FY 2011.

PROPONENTS:  Supporters say that the bill provides a badly needed
safety measure for the growing caseload of Missouri public
defenders; helps reduce caseloads by not requiring public
defenders in post-conviction proceedings in noncapital cases
where a defendant has filed a pro-se motion for relief; creates a
system of priorities for the appointment of public defenders; and
codifies various practices of the state legal public defender
system.

Testifying for the bill were Senator Goodman; and Cathy Kelly,
Missouri State Public Defender System.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm