Defending against public perception

For thousands of people charged with crimes in Southeast Missouri, getting the assistance of a free defense lawyer to represent them in court is priceless. But they might not realize it until after a case is done.

Whereas prosecuting attorneys are often ennobled, glamorized and even depicted as sexy by movies and television, public defenders are painted as uncaring, disheveled and far from attractive.

Sometimes defendants believe those stereotypes and lash out verbally at their appointed attorneys.

"The main accusation I get is that I'm really working against the client for the state," said Jason Tilley, a public defender from Perryville, Mo. "Yeah, I work for the state. But it's important they feel they are getting just as good representation from us as they would have gotten had they been able to hire a private attorney. And they do."

Eight attorneys work in the Public Defender's Office in Jackson, with one open position about to be filled, said lead district defender Christopher Davis. Including Tilley, the other attorneys are Pat McMenamin, Bryan Keller, Jacob Zimmerman, Dana Weis, Ed Sehlig and Neal Frazier.

They are part of a statewide public defense system, but locally they serve residents in Perry, Bollinger, Cape Girardeau, Scott and Mississippi counties, making up Missouri's 32nd and 33rd judicial districts.

The director of the State Public Defender's Office, J. Marty Robinson, offered high praise to the Jackson defenders.

"That's one of our better offices around the state," he said. "They do fantastic work down there in Jackson."

Waiting for resolution

Some clients get frustrated waiting for a case to move forward and think their public defender is prolonging it through inaction. But Davis said that just isn't so.

"The judicial process takes time," he said. "With people in jail for months at a time, we know it's rough for them and they have trouble understanding why it takes so long, but if you want to give them the best defense possible, it takes time to get depositions, have discovery hearings and file motions. It may take a year or more in some cases."

Though public defenders do juggle more cases than many private attorneys, they focus their practice entirely on criminal defense.

"Think of it this way," Keller said. "If someone is charged with a crime and doesn't have much money, who should they want to represent them? An attorney that handles a little bit of everything, or an attorney who handles nothing but criminal law?"

Keller, 48, earned a law degree three years ago from Southern Illinois University in Carbondale before joining the Jackson office.

Zimmerman, 26, earned his law degree at St. Louis University and clerked for a criminal defense firm and a public defender's office in St. Louis before joining the Jackson office at the end of August 2001.

"I knew from my experience what was coming in this job," Zimmerman said. "I think the only thing that surprised me is the amount of cases that come into our office."

Overall, the state public defender's system opened 74,913 new cases in 2001. Davis' office resolved 1,384 felony cases in 2001, with 1,334 already resolved in 2002. The Jackson public defender's office is uncertain about the total of cases received this year due to unclear records.

But as a means of comparison, the Cape Girardeau County prosecutor's office started 2,304 felony and misdemeanor cases against suspects in 2001. So the majority of those charged were represented by public defenders.

Lawyer underdog

The stereotypes and jokes about what he does for a living don't bother Tilley, 35, who also earned his law degree from SIU.

"I like being the underdog. It's a challenge because we've got a prosecutor's office that is good and doesn't file cases unless they're very certain."

Many local private lawyers hold public defenders in high regard.

"The bad rap they get is from clients who couldn't afford a private attorney and want a miracle performed that not even a private lawyer can give," said Cape Girardeau attorney Steven Wilson, a former public defender who served in the Jackson office in 1983.

Cape Girardeau lawyer John Cook, who once faced public defenders as a former assistant prosecutor, believes they are vital to a fair judicial system but understands why the stereotypes developed.

"Money still buys you more ability to develop a case than having no money," said Cook, a former Cape Girardeau Bar Association president. "If you want high-profile witnesses to testify, you can put on a true dog-and-pony show with things available to private lawyers."

Davis said his staff is given enormous respect by other court officers.

"The prosecutors know when they are going to trial against one of us, they're in for a battle," Davis said. "When it comes to judges and prosecutors, we're certainly not being treated like second-class citizens in the courtroom."

High turnover

The turnover rate for public defenders is about three years, Davis said. Many have left for private practice, but some have transferred to other public defender offices.

Last year, Missouri lost 18 percent of its public defenders, who complained of low pay and high caseload, Robinson said.

In the Jackson office, public defenders routinely handle 200 cases at a time. Since 1997, the office has added about one public defender's position per year, Davis said.

A starting salary of $31,992 is what a new defender can expect to earn in the first year. This is several thousands of dollars below what can be earned in private practice.

Idealism and a desire to serve the public good historically have drawn those freshly out of law school to the office, Robinson said.

"It's pretty inspiring in a profession that is sometimes maligned to see young people just out of law school wanting a job to help the public," he said. "We do tend to attract people who want to make a difference."

Davis, 33, earned a law degree at the University of Missouri -- Columbia in 1994. He joined the Jackson office six and a half years ago after a short time in corporate law in St. Louis. He became the office's lead defender in July 2001, replacing Kent Hall.

"Originally, I heard about the great in-house training and that you can get trial experience on a daily basis," Davis said. "Then it became about how the job satisfaction I get has reached a high level for me. In six and a half years, there has never been a boring day."

Davis tells new public defenders to take good notes, meet regularly with clients and to seek to get better after any loss.

"The only thing you can do is to sit down and brainstorm about what you could have done differently," he said. "Not to beat yourself up over it, but improve upon yourself for the next time."

Tilley gets over the humps of the job by doing volunteer work and spending time with his family. A young niece gave him a stuffed Eeyore toy for his office. He looks at it occasionally to keep from getting too glum, he said.

"I try not to work at home, and if that means I work at the office late until 8 or 9 o'clock, I do that," he said. "In this job, you see people at their absolute lowest, and you see some horrible things. But you have to have the personality to leave it here when you go out the door."

mwells@semissourian.com

335-6611, extension 160