Public defenders plead own case

Saying they fear justice in Missouri may be in jeopardy, leaders of the Missouri Public Defender System are heartened that their cries for help have found some interested parties at the state Capitol.

A Senate interim committee has been formed to review problems within the state agency that is charged with providing indigent defense representation in close to 80 percent of Missouri criminal cases.

“If you look at the numbers, private attorneys would be facing discipline if they took on this many cases,” said Public Defender Acting Director Cathy Kelly.

Between July 1, 2005, and June 30, 2006, there were 86,330 criminal trial cases handled by the public defender system in Missouri.

For that same time period the Cole County public defender's office had 906 cases come in and 879 were disposed or closed. The four attorneys in that office are charged with handling cases in Cole and Osage counties, but they could have to go to places such as Camden or Callaway counties, as well.

Before they are sentenced, defendants are asked by the judge whether or not they felt like they had adequate representation in their case. While the majority say they did, some say no and cite lack of contact with their public defender. One of those was convicted murderer Christopher Harris, this year, in Cole County.

“If we don't have time to investigate our cases fully it's not fair to our clients or to the citizens of the state,” Kelly said.

It should be noted that despite his complaint, Judge Tom Brown found no evidence that Harris suffered any lack of legal representation during his trial.

An independent consultant retained last year by the Missouri Bar found that the public defender system was carrying caseloads well in excess of national standards.

There are 350 attorneys in the public defender system. During the last five years their caseload has risen by 12,000 with no additional staff hired over that time period. Exit interviews show a nearly 100 percent turnover rate with caseloads too high and salaries not high enough to keep up with increased law school student debt as the top reasons for leaving.

Republican state Sen. Jack Goodman, a lawyer from Mt. Vernon, will chair the interim committee that will try to develop proposals to reduce caseloads of public defenders and review what are the eligibility requirements for someone to be qualified for public defender services.