SCS SB 37 -- STATE PUBLIC DEFENDER SYSTEM

(Vetoed by the Governor)

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

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

(2)  Increases the membership of the Public Defender Commission
from seven to eight members by adding an actively serving
assistant public defender who has at least one year of service in
that position.  A member who serves as an assistant public
defender will receive his or her regular salary, and no adverse
employment action can be taken against him or her for any vote
taken or comment made during a commission meeting;

(3)  Specifies that the commission will select only the director
and deputy directors and will establish procedures for selecting
division directors and district defenders but not for other
public defenders or staff.  The director will establish salaries
and supervise all other employees who will serve at the
director's pleasure.  The commission may authorize the director
to contract with private attorneys to provide defense services;

(4)  Removes the provision that public defenders serve a term of
four years;

(5)  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 caseloads
remain within the maximum caseload standards;

(6)  Allows an amount equal to 20% of the current annual
appropriation to the Legal Defense and Defender Fund to be
retained at the end of the fiscal year.  Currently, the amount
retained cannot exceed $150,000;

(7)  Specifies that the system may only provide defense services
to an eligible client who is detained or charged with a
misdemeanor when the prosecuting attorney has requested a jail
sentence and a conviction would probably result in confinement in
a county jail;

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

(9)  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

(10)  Requires state and local governments to disclose, upon
request and without fee, 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.

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