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Report: Missouri public defender system in 'crisis'

Monday, October 26, 2009 | 3:28 p.m. CDT; updated 11:43 a.m. CDT, Wednesday, August 11, 2010

KANSAS CITY — Missouri's criminal justice system continues to be threatened by severely overtaxed public defenders, according to a new study.

Missouri's public defender system has "an overwhelming caseload crisis" that has pushed the state's criminal justice system "to the brink of collapse," said the study issued Friday by the Spangenberg Group and the Center for Justice, Law and Society at George Mason University in Fairfax, Va.

There has been little improvement since a similar study was done in 2005, it said.

Public defenders represent those unable to afford their own attorneys. Offices throughout the state routinely report the attorneys have twice their recommended maximum workloads.

The study noted that Missouri ranks 49th out of 50 states in per-capita spending on indigent defense.

"For close to a decade, (the public defender system) has received no substantial increase in appropriations, despite the fact that year by year, (the system) has submitted budgets demonstrating that it is seriously underfunded and overloaded with cases," the study concluded.

"All three branches of government are on notice that Missouri has been operating a constitutionally inadequate system for some time now."

Earlier this year, Laura Denvir Stith, then chief justice of the Missouri Supreme Court, warned that "vast numbers" of inmates may have to be released from jail because public defenders can't try their cases soon enough.

A state appeals court earlier this year rejected a Public Defender Commission rule that set a maximum caseload and allowed local offices to turn away defendants charged with lesser offenses such as traffic violations or misdemeanors.

In response to that ruling, state lawmakers approved a bill that would have freed public defenders from representing people when prosecutors were not seeking jail time. It also would have authorized the commission to create caseload limits and allowed courts to place defendants on waiting lists when those limits were reached.

But Gov. Jay Nixon vetoed the bill in July, saying the caseload limits and waiting lists could shift more work to courts and prosecutors and burden criminal defendants and victims. Nixon said he was committed to finding more resources to help the criminal justice system work more efficiently.

 


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Comments

Samantha Turk May 3, 2011 | 5:18 p.m.

I have recently, after 39 years of non-criminal activity, found myself disenheartened with the judicial process. My crime not being one of a felonious manner, has drug on for 5 months and is currently still in a relentless process that is wasting the taxpayers money and the time of the "overloaded" courts. I found myself in need of a Public Defender due to a recent divorce and the ever-lasting economic problems. My mistake. I have not been allowed to be updated on my case and when trying to plead the case the file was shut in my face and I was told to call the office at a later date. OOOO dear, I would hate for someone to end this ongoing nonsense by telling me what is the current situation in negotiations and letting me agree to certain terms. I am a licensed nurse and a criminal justice major who is now wondering which side needs more defense. I am not making light of the senseless victims of crime, but I can attest to the misuse of the courts time, prolonging justice. Shame on you Missouri Judicial System.

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