Public defender system backs off plan to refuse new cases

JEFFERSON CITY, Mo. -- The state Public Defender Commission on Friday backed off a proposal that it refuse to accept new clients because of a heavy caseload.

The commission narrowly rejected the idea last week, but it met again Friday with some members who did not attend the earlier session. However, after passionate debate among commissioners, they decided to let their earlier decision stand.

Several commissioners said while they recognize the system is overburdened, they wanted to step back and see if legislators and the governor would provide some help in the next budget before rejecting new clients.

"We appear to be at the threshold of reducing the caseload significantly," said commissioner Rebecca Stith. "Why are we holding a stick over the legislature?"

Some also said people facing serious charges could be harmed without a public defender to advise them early in the process.

But one commissioner said public defenders are already at a point that their workload exceeds national standards, potentially putting their law license in jeopardy.

"We have no way to say no. We can't shut off the flow that comes in to us," said Miller Leonard, a former public defender who now has a private law practice. "Politics aside, we have a code of professional responsibility."

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

The American Bar Association also recently said public defenders, like their private counterparts, must refuse cases if they believe they have too many to competently represent their clients.

A special legislative panel studied problems in the public defender system last year, and legislation that grew from that was introduced this week. It aims to redirect most misdemeanor cases to private attorneys, easing the burden on the state public defenders to devote more time to those charged with more serious crimes.

Misdemeanor cases currently make up about one-third of cases the public defender system handles.

The bill by Sen. Jack Goodman, R-Mt. Vernon, would create a new fund the public defender system could use to contract out misdemeanors, bad-check cases and some probation violations to private lawyers. The bill also provides that people who violate probation aren't eligible for public defender representation unless the violation could lead to further charges.

In essence, the $5 fee now paid by all who face charges in court would go into the fund to hire private lawyers. Special projects like the head injury and independent living center funds would be funded through the state's general tax revenue instead of dedicated court fees.

State Public Defender Marty Robinson said he's hopeful that changes in law or increased funding could help ease the crunch this year, and if not, the system will re-evaluate its options.