Court considers when to name public defenders Read Comments
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Tuesday, November 03, 2009 at 12:31 p.m.

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JEFFERSON CITY, Mo. (AP) -- The Missouri Supreme Court is considering whether public defenders can turn down some poor clients because of heavy caseloads.

The Public Defender Commission has adopted rules allowing overburdened attorneys to reject certain types of cases. Another rule excuses public defenders if the defendant previously hired a private lawyer.

The commission argued Tuesday it can establish rules for handling cases. Prosecutors are seeking to overturn those rules and argue public defenders must represent poor defendants facing jail time.

The Supreme Court considered two cases Tuesday. In a St. Francois County case, public defenders sought to avoid representing a man whose private attorney withdrew from the case. In a Boone County case, defenders tried not to be appointed in certain probation cases.

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How is that legal?

Posted by JeffCity Girl, Jefferson City - Tuesday, November 03, 2009 at 2:59 p.m.

I thought in Miranda rights they say "if you cannot afford an attorney one will be appointed for you." So what happens now to people accused who cannot afford a lawyer if public defenders are allowed to turn away clients? Maybe the case mentioned with the private attorney that was dropped was b/c the man could not afford to keep paying him? Lawyers are one of the most expensive professionals out there, you have to have thousands just to retain one, and then the hourly fees, etc..and they don't accept payments either. Maybe I don't understand the law but I thought a public defender HAS to be provided when the client cannot secure a private attorney. Not that public defenders do much to even try to help their clients but at least it's some kind of representation. I'd love to hear more about the legal issues concerning this.

Defending the poor

Posted by fed up in Missouri, JC - Tuesday, November 03, 2009 at 1:56 p.m.

This sounds like all the rest of the nation that is dumping on the poor people. If you don't have money...you don't count. God help ALL (national and state) of you lawmakers who decide who should be validated and who should not. The Golden Rule is "do unto others as you would have them do unto you." All lawmakers have made money their god.

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