600.011. The following words and phrases as used in this chapter have the following meanings, unless the context otherwise requires:
(1) "Assigned counsel" means private attorneys who are hired by the state public defender director to handle the cases of eligible persons from time to time on a case basis;
(2) "Chief deputy director" means the attorney appointed by the commission to assist the state public defender director and to exercise the duties and powers of the director in his absence or upon his resignation;
(3) "Commission" means the public defender commission;
(4) "Defender(s)" includes both attorneys which serve as staff attorneys in the state defender system and assigned counsel who provide defense services on a case basis, but does not include secretarial, investigative, social service, or paraprofessional staff;
(5) "Director" means the state public defender director;
(6) "Eligible person" means a person who falls within the financial rules for legal representation at public expense prescribed by section 600.086;
(7) "State public defender system" means a system for providing defense services to every jurisdiction within the state by means of a centrally administered organization having a full-time staff.
(L. 1982 H.B. 1169)Effective 4-1-82
600.015. 1. There is hereby created the "Public Defender Commission". The commission shall be composed of seven members, four of whom shall be lawyers, appointed by the governor with the advice and consent of the senate. No more than four members shall be of the same political party.
2. Upon the expiration of the terms of the persons who are members of the commission on April 1, 1982, the term of office of each commissioner thereafter appointed shall be six years from the time of his appointment and qualification and until his successor shall qualify. Vacancies in the commission shall be filled by the governor for the unexpired term. Commissioners may succeed themselves.
3. The state public defender director shall, upon appointment, become an ex officio member of the commission without vote and shall participate in all meetings of the commission except during discussions relating to renewal of his term or to his removal from his office and such other matters as the commission may designate.
4. The commission shall meet on a regular basis and shall be presided over by a chairperson elected by its members.
5. Commission members shall receive no salaries, but shall receive their actual and necessary expenses incurred in connection with the performance of their duties.
(L. 1972 H.B. 1314 § 2, A.L. 1976 H.B. 1095, A.L. 1982 H.B. 1169)Effective 4-1-82
600.017. The commission shall have the following powers together with all powers incident thereto or necessary for the performance thereof:
(1) To select the director, deputy directors and public defenders;
(2) To draw up procedures, with the assistance of the director, for the selection of public defenders, assistant public defenders, and deputy public defenders and staff assistants;
(3) Receive client complaints when not resolved by the defender agency, review office performance, and monitor the performance of the director;
(4) Assist in insuring the independence of the state public defender system by educating the public regarding constitutional requirements and the function of the defenders;
(5) Remove the director or any deputy from office in the event that good cause is shown;
(6) Review the budget request prepared by the director, provide advice on the budget request before its submission, and provide support for the request before the legislature;
(7) Approve the fee schedule for payment of assigned counsel;
(8) Determine matters affecting the compensation, vacations and employment benefits of the state public defender director and the deputy directors;
(9) Collect or enforce or contract for the collection and enforcement of liens and judgments in accordance with the provisions of sections 600.011 to 600.048 and 600.086 to 600.096 and establish any rules needed for processing any such liens and judgments; and
(10) Make any rules needed for the administration of the state public defender system.
(L. 1982 H.B. 1169)Effective 4-1-82
600.019. 1. The "Office of State Public Defender" is hereby created and established as an independent department of the judicial branch of state government.
2. The commission shall appoint a director of the office of state public defender as head of the office. He shall qualify and be sworn into office by a judge of the supreme court. He shall be an attorney with substantial experience in the representation of persons accused of crime. He shall have experience in administration of personnel and shall be dedicated to the goals of providing quality legal representation for eligible persons and of improving the quality of defense services generally.
3. The director shall devote full time to the duties of his office and shall not otherwise engage in the practice of law. His term of office shall be four years and until the appointment and qualification of a successor. His term may be renewable at the discretion of the commission. He may be removed by the commission during his term in office for good cause shown after notice and hearing.
4. The salary of the director shall be set by the commission but shall not exceed that of a circuit judge.
(L. 1982 H.B. 1169)Effective 4-1-82
600.021. 1. The commission shall employ persons to be public defenders for a term of four years. A public defender shall employ such persons to be assistant public defenders, deputy public defenders, investigators, and any other employees as are necessary to discharge the function of the office, all of whom shall serve at the pleasure of the employing public defender. Circuit and regional public defenders holding office on April 1, 1982, shall continue to hold such office until the expiration of their terms under the direction of the director as otherwise described in this chapter. Public defenders may be appointed to serve additional terms by the commission.
2. Public defenders, assistant public defenders, and deputy public defenders shall be attorneys, licensed to practice law in this state, and shall not otherwise engage in the practice of law except as authorized by this chapter or by commission rule. Public defenders, assistant public defenders and deputy public defenders may be employed on a full- or part-time basis.
3. The compensation of persons appointed under this section shall be fixed by the commission.
4. The commission may establish such local or regional offices as it deems necessary to properly carry out purposes of this chapter.
5. The commission may appoint, on recommendation of the director, and fix the compensation of all other personnel necessary to the operation of the state public defender system.
6. The commission may contract with private attorneys to provide defense services in such areas of the state and on such terms as it deems appropriate.
(L. 1982 H.B. 1169, A.L. 1986 S.B. 451)
600.040. 1. The city or county shall provide office space and utility services, other than telephone service, for the circuit or regional public defender and his personnel. If there is more than one county in a circuit or region, each county shall contribute, on the basis of population, its pro rata share of the costs of office space and utility services, other than telephone service. The state shall pay, within the limits of the appropriation therefor, all other expenses and costs of the state public defender system authorized under this chapter.
2. A complete budget for the state public defender system shall be provided through an annual appropriation subject to approval by the governor and the general assembly. The budget request for the state public defender system shall be approved by the commission and submitted directly to the governor and the general assembly by the director and shall not be subject to diminution or alteration by the judicial department of state government.
3. Any person who is a public defender or employee of a public defender shall be entitled to all benefits of the Missouri state employees' retirement system as defined in sections 104.310 to 104.550.
(L. 1972 H.B. 1314 § 7, A.L. 1982 H.B. 1169)Effective 4-1-82
600.042. 1. The director shall:
(1) Direct and supervise the work of the deputy directors and other state public defender office personnel appointed pursuant to this chapter; and he and the chief deputy director may participate in the trial and appeal of criminal actions at the request of the defender or upon order of the commission;
(2) Submit to the commission, between August fifteenth and September fifteenth of each year, a report which shall include all pertinent data on the operation of the state public defender system, the costs, projected needs, and recommendations for statutory changes. Prior to October fifteenth of each year, the commission shall submit such report along with such recommendations, comments, conclusions, or other pertinent information it chooses to make to the chief justice, the governor, and the general assembly. Such reports shall be a public record, shall be maintained in the office of the state public defender, and shall be otherwise distributed as the commission shall direct;
(3) With the approval of the commission, establish such divisions, facilities and offices and select such professional, technical and other personnel, including investigators, as he deems reasonably necessary for the efficient operation and discharge of the duties of the state public defender system under this chapter;
(4) Administer and coordinate the operations of defender services and be responsible for the overall supervision of all personnel, offices, divisions and facilities of the state public defender system, except that the director shall have no authority to direct or control the legal defense provided by a defender to any person served by the state public defender system;
(5) Develop programs and administer activities to achieve the purposes of this chapter;
(6) Keep and maintain proper financial records with respect to the providing of all public defender services for use in the calculating of direct and indirect costs of any or all aspects of the operation of the state public defender system;
(7) Supervise the training of all public defenders, assistant public defenders, deputy public defenders and other personnel and establish such training courses as shall be appropriate;
(8) With approval of the commission, promulgate necessary rules, regulations and instructions consistent with this chapter defining the organization of his office and the responsibilities of public defenders, assistant public defenders, deputy public defenders and other personnel;
(9) With the approval of the commission, apply for and accept on behalf of the public defender system any funds which may be offered or which may become available from government grants, private gifts, donations or bequests or from any other source. Such moneys shall be deposited in the state general revenue fund;
(10) Contract for legal services with private attorneys on a case-by-case basis and with assigned counsel as the commission deems necessary considering the needs of the area, for fees approved and established by the commission;
(11) With the approval and on behalf of the commission, contract with private attorneys for the collection and enforcement of liens and other judgments owed to the state for services rendered by the state public defender system.
2. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
3. The director and defenders shall, within guidelines as established by the commission and as set forth in subsection 4 of this section, accept requests for legal services from eligible persons entitled to counsel under this chapter or otherwise so entitled under the constitution or laws of the United States or of the state of Missouri and provide such persons with legal services when, in the discretion of the director or the defenders, such provision of legal services is appropriate.
4. The director and defenders shall provide legal services to an eligible person:
(1) Who is detained or charged with a felony, including appeals from a conviction in such a case;
(2) Who is detained or charged with a misdemeanor which will probably result in confinement in the county jail upon conviction, including appeals from a conviction in such a case;
(3) Who is detained or charged with a violation of probation or parole;
(4) Who has been taken into custody pursuant to section 632.489, including appeals from a determination that the person is a sexually violent predator and petitions for release, notwithstanding any provisions of law to the contrary;
(5) For whom the federal constitution or the state constitution requires the appointment of counsel; and
(6) For whom, in a case in which he faces a loss or deprivation of liberty, any law of this state requires the appointment of counsel; however, the director and the defenders shall not be required to provide legal services to persons charged with violations of county or municipal ordinances.
5. The director may:
(1) Delegate the legal representation of any person to any member of the state bar of Missouri;
(2) Designate persons as representatives of the director for the purpose of making indigency determinations and assigning counsel.
(L. 1982 H.B. 1169, A.L. 1991 S.B. 194, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1999 H.B. 852, A.L. 2006 H.B. 1698, et al.)Effective 6-05-06
600.043. The state public defender system shall not represent a person who faces a loss or deprivation of liberty pursuant to section 632.415, and nothing in sections 600.011 to 600.048 and 600.086 to 600.096 shall be construed to affect the legal representative provided to any person pursuant to section 632.415.
(L. 1982 H.B. 1169)Effective 4-1-82
600.044. A defender who undertakes to represent an eligible person shall continue to do so at every stage of the case or proceeding, including the filing of a motion for new trial and the processing, briefing, and argument of an appeal, until the defender is relieved of his duties by the director or is permitted by a court to withdraw.
(L. 1982 H.B. 1169)Effective 4-1-82
600.048. 1. It shall be the duty of every person in charge of a jail, police station, constable's or sheriff's office, or detention facility provided by any county to post in a conspicuous place a notice stating in effect:
(1) That every person held in custody under a charge or suspicion of a crime is entitled to have a lawyer;
(2) That if any such person is held in custody in connection with any of the cases or proceedings set out in section 600.042, and wants a lawyer to represent him and is unable, without substantial financial hardship to himself or his dependents, to obtain a lawyer, the state will provide a lawyer to represent him if he requests such representation; and
(3) That if the state provides a lawyer for him, he may be liable to the state for the cost of the services and expenses of the lawyer who handles his case if he is or will be able to pay all or any part of such costs. The notice shall also contain a listing of the cases and proceedings for which defender services are available under section 600.042, and the telephone number of a person or answering service to call to request that a person designated by the state public defender system visit and interview him, and give him further information.
2. A person who is charged or detained in any case listed in section 600.042 or who appears in court without counsel at any stage of a case, or any other person on behalf of such person, may request that legal representation be furnished to him by the state. The court or any person representing the state public defender system to whom such request is made shall first give him a copy of the notice referred to in subsection 1 of this section or call the posted notice to his attention and permit him to read it or explain it to him. If such person renews a request for state public defender system services, he shall be required to complete and sign an affidavit in accordance with section 600.086. He shall be orally informed of the punishment for intentionally falsifying such affidavit.
3. It shall be the duty of every person in charge of a jail, police station, constable's or sheriff's office, or detention facility to make a room or place available therein where any person held in custody under a charge or suspicion of a crime will be able to talk privately with his lawyer, his lawyer's representative, or any authorized person responding to his request for an interview concerning his right to counsel.
(L. 1982 H.B. 1169)Effective 4-1-82
600.051. 1. Any judge of a court of competent jurisdiction may permit a waiver of counsel to be filed in any criminal case wherein a defendant may receive a jail sentence or confinement if the court first determines that defendant has made a knowledgeable and intelligent waiver of the right to assistance of counsel and the waiver is signed before and witnessed by the judge or clerk of the court, providing further that the waiver contains at least the following information which the defendant has read or which has been read to the defendant before the signing thereof:
(1) That the defendant has been charged with the offense of .......... (nature of charge must be inserted before signing);
(2) That the defendant has a right to a trial on the charge and further that the defendant has a right to a trial by a jury;
(3) That the maximum possible sentence on the charge is .......... imprisonment in jail and a fine in the amount of .......... dollars or by both imprisonment and fine. That the minimum possible sentence is .......... imprisonment in jail or by a fine in the amount of .......... dollars or by both such confinement and fine;
(4) That the defendant is aware that any recommendations by a prosecuting attorney or other prosecuting official are not binding on the judge and that any such recommendations may or may not be accepted by judge;
(5) That if defendant pleads guilty or is found guilty of the charge, the judge is most likely to impose a sentence of confinement;
(6) That, if indigent, and unable to employ an attorney, the defendant has a right to request the judge to appoint counsel to assist the defendant in his defense against the charge.
2. Such a waiver and procedure shall be required if the judge imposes an order of probation, parole or suspension of sentence whereby subsequently the defendant may be ordered confined thereunder. Whenever a judge has permitted the filing of a waiver and a plea of guilty or a finding of guilty on the charge is entered and before the imposition of a sentence of confinement (including probation, parole or suspended sentence), the judge shall determine:
(1) That if a plea of guilty has been entered, there is a factual basis for such a plea and, upon inquiry of defendant, that defendant is in fact guilty of the charge;
(2) That the defendant does not know of the existence of any witness or of any fact, circumstances or evidence which was not presented to the court, which would exonerate defendant of the charge;
(3) That upon inquiry of the prosecuting attorney there are no witnesses or evidence which would cast a reasonable doubt about the defendant's guilt or defenses available to defendant not disclosed to the court.
(L. 1976 H.B. 1095 § 600.046)
600.086. 1. A person shall be considered eligible for representation under sections 600.011 to 600.048 and 600.086 to 600.096 when it appears from all the circumstances of the case including his ability to make bond, his income and the number of persons dependent on him for support that the person does not have the means at his disposal or available to him to obtain counsel in his behalf and is indigent as hereafter determined.
2. Within the parameters set by subsection 1 of this section, the commission may establish and enforce such further rules for courts and defenders in determining indigency as may be necessary.
3. The determination of indigency of any person seeking the services of the state public defender system shall be made by the defender or anyone serving under him at any stage of the proceedings. Upon motion by either party, the court in which the case is pending shall have authority to determine whether the services of the public defender may be utilized by the defendant. Upon the courts finding that the defendant is not indigent, the public defender shall no longer represent the defendant. Any such person claiming indigency shall file with the court an affidavit which shall contain the factual information required by the commission under rules which may be established by the commission in determining indigency.
4. Any person who intentionally falsifies such affidavit in order to obtain state public defender system services shall be guilty of a class A misdemeanor.
5. The director or anyone serving under him may institute an investigation into the financial status of any person seeking the services of the state public defender system at such times as the circumstances shall warrant. In connection therewith he shall have the authority to require any person seeking the services of the state public defender system or the parents, guardians or other persons responsible for the support of a person seeking the services of the state public defender system who is a minor or those persons holding property in trust or otherwise for such person to execute and deliver such written authorization as may be necessary to provide the director or anyone serving under him with access to records of public or private sources, otherwise confidential, or any other information which may be relevant to the making of a decision as to eligibility under this chapter. The director, chief deputy director, each public defender and each assistant and deputy public defender or designee are authorized to obtain information from any office of the state or any subdivision, or agency thereof or political subdivision on request and without payment of any fees. Any office of the state or any subdivision, or agency thereof or political subdivision from which the director, chief deputy director, public defender and each assistant and deputy public defender or designee requests information pursuant to this section shall supply such information, without payment of any fees.
6. The burden shall lie on the accused or the defendant to convince the defender or the court of his eligibility to receive legal services, in any conference, hearing or question thereon.
(L. 1976 H.B. 1095 § 600.052, A.L. 1982 H.B. 1169, A.L. 1993 S.B. 180)
600.089. If the public defender commission has obtained a judgment against an offender in the custody of the department of corrections, and the offender is later paroled and becomes financially able to pay all or some part of such judgment, he shall be required, as a condition of his continued parole, to pay over to the public defender commission such amounts as he can reasonably pay, either by a single payment or by installments of reasonable amounts, in accordance with the schedule of charges for public defender services prepared pursuant to section 600.090.
(L. 1986 S.B. 451 § 1, A.L. 1990 H.B. 974)
600.090. 1. (1) If a person is determined to be eligible for the services provided by the state public defender system and if, at the time such determination is made, he is able to provide a limited cash contribution toward the cost of his representation without imposing a substantial hardship upon himself or his dependents, such contribution shall be required as a condition of his representation by the state public defender system.
(2) If at any time, either during or after the disposition of his case, such defendant becomes financially able to meet all or some part of the cost of services rendered to him, he shall be required to reimburse the commission in such amounts as he can reasonably pay, either by a single payment or by installments of reasonable amounts, in accordance with a schedule of charges for public defender services prepared by the commission.
(3) No difficulty or failure in the making of such payment shall reduce or in any way affect the rendering of public defender services to such persons.
2. (1) The reasonable value of the services rendered to a defendant pursuant to sections 600.011 to 600.048 and 600.086 to 600.096 may in all cases be a lien on any and all property to which the defendant shall have or acquire an interest. The public defender shall effectuate such lien whenever the reasonable value of the services rendered to a defendant appears to exceed one hundred fifty dollars and may effectuate such lien where the reasonable value of those services appears to be less than one hundred fifty dollars.
(2) To effectuate such a lien, the public defender shall, prior to the final disposition of the case or within ten days thereafter, file a notice of lien setting forth the services rendered to the defendant and a claim for the reasonable value of such services with the clerk of the circuit court. The defendant shall be personally served with a copy of such notice of lien. The court shall rule on whether all or any part of the claim shall be allowed. The portion of the claim approved by the court as the value of defender services which has been provided to the defendant shall be a judgment at law. The public defender shall not be required to pay filing or recording fees for or relating to such claim.
(3) Such judgment shall be enforceable in the name of the state on behalf of the commission by the prosecuting attorney of the circuit in which the judgment was entered.
(4) The prosecuting attorney may compromise and make settlement of, or, with the concurrence of the director, forego any claims for services performed for any person pursuant to this chapter whenever the financial circumstances of such person are such that the best interests of the state will be served by such action.
3. The commission may contract with private attorneys for the collection and enforcement of liens and other judgments owed to the state for services rendered by the state public defender system.
4. The lien created by this section shall be from the time filed in the court by the defender a charge or claim against any assets of the defendant; provided further that the same shall be served upon the person in possession of the assets or shall be recorded in the office of the recorder of deeds in the county in which the person resides or in which the assets are located.
5. Funds collected pursuant to this section and section 600.093 shall be credited to the "Legal Defense and Defender Fund" which is hereby created. The moneys credited to the legal defense and defender fund shall be used for the purpose of training public defenders, assistant public defenders, deputy public defenders and other personnel pursuant to subdivision (7) of subsection 1 of section 600.042, and may be used to pay for expert witness fees, the costs of depositions, travel expenses incurred by witnesses in case preparation and trial, expenses incurred for changes of venue and for other lawful expenses as authorized by the public defender commission.
6. The state treasurer shall be the custodian of the legal defense and defender fund, moneys in the legal defense and defender fund shall be deposited the same as are other state funds, and any interest accruing to the legal defense and defender fund shall be added to the legal defense and defender fund. The legal defense and defender fund shall be subject to audit, the same as other state funds and accounts, and shall be protected by the general bond given by the state treasurer.
7. Upon the request of the director of the office of state public defender, the commissioner of administration shall approve disbursements from the legal defense and defender fund. The legal defense and defender fund shall be funded annually by appropriation, but any unexpended balance in the fund at the end of the appropriation period not in excess of one hundred and fifty thousand dollars shall be exempt from the provisions of section 33.080, specifically as they relate to the transfer of fund balances to the general revenue, and shall be the amount of the fund at the beginning of the appropriation period next immediately following.
(L. 1976 H.B. 1095 § 600.053, A.L. 1982 H.B. 1169, A.L. 1986 S.B. 451)
600.091. The files maintained by the state public defender office which relate to the handling of any case shall be considered confidential and shall not be open to inspection by any person unless authorized by law, court order, the commission, or the director. Nothing in this section shall be construed to prohibit access by the state auditor to those records of the state public defender system needed by the state auditor to carry out the duties of his office.
(L. 1982 H.B. 1169)Effective 4-1-82
600.093. The court may require a defendant to repay all or a part of the value of the legal services rendered by the state public defender system as a condition of probation.
(L. 1982 H.B. 1169)Effective 4-1-82
600.096. An office of the state, or any department, division, agency or political subdivision thereof, including a prosecutor's office and a police department, shall furnish copies, upon request, of any reports, documents, statements or transcripts prepared by the state, or any department, division, agency or political subdivision thereof concerning a person represented by the state public defender system to the defender representing such person without charge.
(L. 1982 H.B. 1169)Effective 4-1-82
600.101. Any dispute between any county or city not within a county and the state public defender regarding office space and utility service provided or to be provided pursuant to section 600.040 may be submitted to the judicial finance commission established pursuant to section 477.600. The commission on judicial resources established pursuant to section 476.415 shall study and report its recommendations regarding provision of and payment for office space for the state public defender to the chairs of the judiciary committees of the senate and house of representatives, the chair of the senate appropriations committee and budget committee of the house of representatives.
(L. 1999 S.B. 1, et al.)
Missouri General Assembly