Joyce continues hearing on case where Nixon appointed as special defense lawyer

Cole County Circuit Judge Pat Joyce is shown presiding in the courtroom in this March 14, 2016 file photo.
Cole County Circuit Judge Pat Joyce is shown presiding in the courtroom in this March 14, 2016 file photo.

Johnny Dean Quehl doesn't have to appear in court Wednesday as originally scheduled.

And he still doesn't know if his attorney will be from the Cole County public defender's office - or Gov. Jay Nixon.

At a brief hearing Tuesday afternoon, Cole County Presiding Circuit Judge Pat Joyce continued Quehl's case until Sept. 7.

Public Defender Justin Carver has asked the court to remove his office from the case because State Public Defender Michael Barrett has named Nixon to be the attorney.

"The (state) public defender's office filed a notice of delegation" with the court, Carver reminded Joyce. "I would ask the court grant the (local) public defender's leave to withdraw" from representing Quehl, who was charged in March 2015 with two counts of second-degree assault by operating a vehicle while intoxicated and having an accident that injured two children.

Carver cited the statute Barrett has used to explain his power to assign Nixon to the case: "The (state public defender system) director may delegate the legal representation of any person to any member of the state bar of Missouri."

Missouri Attorney General Chris Koster told reporters almost two weeks ago he doesn't think Nixon should be taking the case, but his office - which represents the governor in most legal matters - wasn't part of Tuesday's hearing.

Cole County Prosecutor Mark Richardson argued Barrett can't appoint Nixon.

"That statute does not give them the authority," Richardson told Joyce. "It would take the authority of the presiding (circuit court) judge, which they don't have."

He urged Joyce to deny Carver's motion and require the local public defender's office to continue representing Quehl in his criminal case.

"These shenanigans must stop!" Richardson added.

The U.S. Supreme Court has ruled people have a constitutional right to a legal defense - even when they can't afford it.

In a letter to Joyce Tuesday, Barrett wrote: "Every individual charged in a Missouri court is entitled to competent, non-conflicted representation by counsel when facing potential incarceration.

"It is a fundamental and unequivocal right.

"Despite this fact, policymakers in Missouri have relegated this state obligation to one that is met only in the technical sense, as too many studies have indicated."

His letter recites recent studies including one by the accounting firm RubinBrown for the American Bar Association, which "concluded that more than 250 additional attorneys were needed to provide effective representation" by the Missouri public defender system.

Barrett's letter and Carver's oral argument both emphasized other parts of the state's public defender laws don't erase Barrett's authority to make an appointment.

"The statute itself places no limitations or qualifications on this power," Carver told Joyce.

He also raised the argument that "basically, the public defenders need caseload relief."

However, Joyce countered: "This is not my job to decide where the money goes."

Joyce said she'd decide the assignment issue before the Sept. 7 hearing in Quehl's case.

Earlier coverage, posted at 2:07 p.m.:

Cole County Presiding Circuit Judge Pat Joyce today continued until Sept. 7 a hearing on Public Defender Justin Carver's request to be removed from a case, because State Public Defender Michael Barrett has named Gov. Jay Nixon to be the attorney.

Carver argued the local public defender's office should be removed from the case because of the appointment..

Cole County Prosecutor Mark Richardson argued Barrett doesn't have the authority to appoint Nixon.

Joyce said she'd decide the case later.