Missouri public defenders ask court to help curb workload

~ In March, the commission had threatened to refuse to accept new clients.

COLUMBIA, Mo. -- The state Public Defenders Commission voted Friday to ask the Missouri Supreme Court for help easing its workload.

The panel approved a proposal asking the court to adopt a rule to address what it says is a burdened public defender system. If the court agrees, it would direct lower courts not to assign new cases to public defenders in a region that has been certified as overloaded.

Although details are still being worked out, the idea would be that if a particular public defender's office exceeds the caseload standard for three months, the state public defender would ask the court to certify it as overloaded.

The Supreme Court then would direct lower courts not to assign a public defender from that area any additional cases, though a public defender could elect to take some, if appropriate.

"It gives the court an ownership in the issue," said Marty Robinson, director of the state public defender system.

The idea was brought up early in 2005 but never went forward, he said.

Although the definition of overloaded still needs to be hammered out, Peter Sterling, the system's trial division director, estimated that 34 of 36 offices would meet the threshold if the proposal were in effect today.

The criteria would focus on the number and types of cases lawyers are juggling and consider other factors, such as time spent traveling to meet with clients.

In March, the commission had threatened to refuse to accept new clients, but it waited to see if lawmakers would increase its budget.

The system got a slight bump in funding, but the amount wasn't close to what leaders of the public defender system say they need.

"Our governor and our legislature have failed to uphold their oath" to defend the Constitution, which requires effective representation for all, commission chairwoman Loramel Shurtleff said Friday.

In March, one commissioner, former public defender Miller Leonard, said the average workload of a Missouri public defender already exceeds national standards, potentially putting defenders' law licenses in jeopardy.

The average Missouri public defender juggled 296 cases last year, while the nationally accepted standard is about 225 cases.

The public defender system's budget for the year starting July 1 includes an extra $1.15 million for the office to contract out some cases -- expected to be roughly 1,500 -- to private lawyers. But Robinson said Friday that money is about 12 percent of what the system hoped for to reduce caseloads.

Robinson said it makes more sense to have a directive from the Supreme Court to prevent taking on new cases than a simple refusal to accept more, because then a judge could order them to take new cases anyway.

The commission also approved several other changes Friday to help make the money it has stretch further and lighten defenders' caseloads.

The commission agreed to get rid of 10 to 11 social worker jobs in an alternative sentencing program and hire 10 more attorneys instead.

Commissioners said the decision was tough.

"It's such a shame that all we're going to be then is the body standing by the client," Leonard said. "The new attorney is not going to know about these programs because there's nobody to tell them."

But he agreed with others that while the social workers play an important role, such as connecting clients with mental health or substance abuse treatment, the need for more lawyers is critical. With a few more lawyers, they should be able to spend a bit more time with clients and provide better legal representation, they reasoned.

Sterling said a public defender spends on average just 12 minutes with a client on a probation violation case before going to court.

The commission also decided to fold two offices dedicated to juvenile cases in Kansas City and St. Louis into the regular public defender's office in those areas, saving some administrative costs. The move also could allow experienced lawyers who have focused on juvenile work to also work on more complex adult criminal cases, they said.

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On the Net:

Public Defenders: http://www.publicdefender.mo.gov