SCS SB 37 -- STATE PUBLIC DEFENDER SYSTEM

SPONSOR:  Goodman (Jones, 89)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
General Laws by a vote of 11 to 0.

This substitute changes the laws regarding the State Public
Defender System.  In its main provisions, the substitute:

(1)  Redefines positions in the State Public Defender System to
reflect its current administrative structure and specifies that
the deputy director will exercise the director's authority only
when the director is temporarily absent or has resigned;

(2)  Increases the membership of the Public Defender Commission
to eight members by adding an assistant public defender who has
at least one year of service;

(3)  Specifies that the commission will select only the director
and deputy director and will establish procedures for selecting
division directors and district defenders.  The director will
supervise all other employees and establish salaries.  Employees
will serve at the director's pleasure.  The commission may
authorize the director to contract with private attorneys to
provide defense services;

(4)  Requires the commission to establish maximum public defender
caseload standards and allows the director to participate in
cases at his or her discretion and to ensure that caseload
standards are met;

(5)  Allows an amount equal to 20% of its current annual
appropriation to be retained in the Legal Defense and Defender
Fund at the end of the fiscal year;

(6)  Specifies that the system may provide defense services to
clients in which the prosecuting attorney has requested a jail
sentence;

(7)  Requires the state to pay the parking costs for public
defender system employees;

(8)  Establishes a system for handling an overload of cases based
on a waiting list for defender services.  Courts may use both
public and private defenders to the extent that funds are
available to ensure that all persons subject to incarceration
receive legal defense; and

(9)  Requires state and local governments to disclose information
and financial records regarding an individual seeking indigent
defense services free of charge to any employee of the system
instead of only to specified employees.  Photographs, recordings,
and electronic files must also be provided to the public defender
system without charge.

FISCAL NOTE:  Estimated Income on General Revenue Fund of More
than $100,000 in FY 2010, FY 2011, and FY 2012.  No impact on
Other State Funds in FY 2010, FY 2011, and FY 2012.

PROPONENTS:  Supporters say that the public defender system is in
crisis and there are not enough services to meet constitutional
requirements for giving indigent defendants a fair trial.  If a
fair and speedy trial is not possible, a defendant must be
released or the state must pay for private attorneys to defend
him or her.  The bill will make the operation of the system more
efficient and increase funding.  Missouri is currently second to
last in the nation in per capita spending on these types of
cases.

Testifying for the bill were Senator Goodman; Doug Copeland,
Public Defender Commission; and State Public Defender System.

OPPONENTS:  Those who oppose the bill say that reform of the
system should only proceed after a full audit and study has been
conducted.

Testifying against the bill was Michael Wright.

OTHERS:  Others testifying on the bill say some reform of the
system is necessary.  Currently, there is not enough funding for
the system to meet its obligations.  Recommendations were made to
use an independent commission with both prosecutors and defense
attorneys to come up with a comprehensive reform proposal.

Testifying on the bill was Missouri Bar; Missouri Association of
Criminal Defense Lawyers; and Mike Shortridge.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am