Local public defenders: Study's findings of overworked staff true

Despite past efforts to reduce the workload of public defenders, representatives of the local office in Jefferson City say they remain at a level of service that keeps them from giving their clients the proper attention they need.

A study released earlier this month by the American Bar Association brought the issue back to the spotlight.

For example, the study found public defenders spend an average of 8.7 hours preparing cases for the most serious Class A and B felonies, which can include first-degree robbery and some kinds of domestic assault with mandatory minimum penalties of 10 years in prison.

But surveys of public defenders and private practice lawyers concluded that such cases should require about 47.6 hours to prepare.

The study found similar disparities in other case categories, including murder, manslaughter and less serious felonies including sex crimes and misdemeanors.

Statistics from the Missouri State Public Defenders Office (MSPD) shows the Jefferson City office has seven attorneys covering Cole, Miller and Moniteau counties.

In fiscal year 2013, the Jefferson City office opened 2,710 cases.

"The effect of having to deal with this many cases is precisely what we are concerned about - that, despite the best efforts of skilled and committed public defenders, the sheer volume of cases is such that not all clients receive their constitutional right to an adequate defense," said Michael Barrett, general counsel and public information officer for MSPD.

Barrett believes one issue of concern is that this many cases impairs their clients' right to a speedy trial.

"It is not uncommon to see claims of ineffective assistance of counsel, though the individual bringing such a claim would have to show that counsel was ineffective in their particular case," he said. "The study could be offered to support that assertion.'

Per office policy, Barrett said their attorneys are required to perform 40 hours of work a week.

"However, given the particular issues that arise in criminal cases, the professional obligation that MSPD attorneys have to their clients, to include the right to the effective assistance of counsel, typically requires much more time," he added.

Some prosecutors in the state have questioned whether the public defenders are overworked, but Cole County Prosecutor Mark Richardson believes the local office has been working hard to keep up with the caseload they face.

"They have been helped by having a veteran public defender Jan King, who is soon retiring, in charge of the local office which has experienced some recent turnover," he said. "Also, they have been able to get some help by contracting out some of their lower level, less serious cases to area private attorneys.

"The local public defenders have provided good, I would say above adequate, legal representation to their clients in the cases they have handled with our office," Richardson said.

When asked if MSPD believes they're behind in their work, Barrett said, "Suffice to say that the independent study, which used a data-driven approach, assessed both how many hours MSPD attorneys spend on a particular type of case and how many hours are required on a particular type of case.

"The difference between those two numbers are enough to make an attorney who is committed to providing indigent legal services cringe, and MSPD attorneys certainly fall into that category," he said.