Public defenders need more funding

To the editor:While the Cape Girardeau County public defender office may not be overloaded, Prosecuting Attorney Morley Swingle neglected to mention that there are five other counties covered by this office, including Scott and Mississippi counties in the 33rd Circuit, which has the largest number of cases in the state.

The average number of cases statewide is 305 per public defender. When John Ashcroft was governor in the 1980s, the standard was set at 235 cases.

The analogy Swingle used concerning a hospital is not accurate and supports the public defenders' position. If an emergency room is overwhelmed, it refers patients to another hospital. Defendants who cannot afford private lawyers are constitutionally required to be given proper representation. If public defenders are taking on more cases than recommended, they cannot devote the time the cases require, and if they cannot provide proper representation, ethical standards require them not to get involved.

We have gone from 47th in the nation for per-capita spending on public defenders to 49th. If this trend isn't corrected, prosecutors like Swingle are one lawsuit before a federal judge from having cases thrown out because there was not adequate representation.

It is critical that, instead of talking about how terrible the caseloads for public defenders are, something concrete gets done. I suggest that everyone contact their legislators and tell them they need to provide more funds so more public defenders can be hired so the system does not come to a standstill.

MICHAEL H. MAGUIRE, Attorney, Cape Girardeau