Our Opinion: The defense calls Gov. Nixon

News Tribune editorial

Take the case, governor.

The head of the state's public defender system, reiterating the message that his office is overburdened and underfunded, has assigned Gov. Jay Nixon, also an attorney, to defend a criminal case.

Whether Missouri Public Defender Michael Barrett has that authority is in dispute. The governor's office says Barrett does not.

More about that dispute later. Whatever the eventual outcome, Barrett delivered his message loud and clear, via a successful publicity stunt that generated nationwide media attention.

Barrett's assignment highlighted the constitutional responsibility for his office to represent indigent criminal defendants. He contends inadequate state funding dilutes the ability of his office to fulfill that obligation.

In what may be considered either a fit of pique or whimsy, he directed his frustration at Nixon, saying: "it strikes me that I should begin with the one attorney in the state who not only created this problem, but is in a unique position to address it."

Well, not entirely. Although the governor drafts a state budget, the Legislature must approve it. And, the appropriation for the public defender's office has increased during Nixon's tenure, although not to the extent Barrett deems sufficient.

Even if Barrett's objection is sustained, his is not the only office suffering a financial pinch. Missouri also has a state constitutional obligation to finance education, but the formula for distributing state aid to public school districts traditionally has been and remains underfunded.

Regarding the matter of authority, Barrett argues, under state law, he "may delegate the legal representation of any person to any member of the state bar of Missouri."

Nixon's spokesman, Scott Holste, cited other sections of state law; one "requires the consent of the private attorney" appointed and another says "only the circuit court" has that authority.

The disagreement, ironically, may lead to litigation to determine the respective powers of various officers of the court.

Under one scenario, however, further dispute could be avoided and the governor could trump Barrett's publicity stunt. Nixon could accept the assignment and defend the accused.

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