Chief justice seeks public defender aid

Missouri Supreme Court Chief Justice Laura Denvir Stith used the annual State of the Judiciary Address to call for “creative solutions” to assist the state’s public defender system. She also called for using “resources more efficiently” in a difficult budget environment.

Missouri Supreme Court Chief Justice Laura Denvir Stith delivers the State of the Judiciary Address on Wednesday in the State Capitol. She called for more assistance for the Missouri State Public Defender’s Office. Behind her is House Speaker Ron Richard. Photo courtesy of Tim Bommel, Missouri House Communications

Her comments came a day after Gov. Jay Nixon’s proposed budget called for a roughly $1 million increase to the Office of the State Public Defender, including  money to hire 12 additional staff members. Public defender officials said it would be the first staff increase to the system in years.

Nixon also recommended staff cuts throughout the judiciary system, including roughly 113 reductions within the circuit court system.

Noting that Missouri ranks “dead last” in per capita funding of the public defender system, Stith told a joint session of the General Assembly that the state’s justice system faces systemic problems without action.

“The federal constitution guarantees defendants both speedy trials and competent legal counsel,” Stith said. “The inadequate number of public defenders, however, puts in question the state’s ability to meet either of these requirements. In short, if not corrected, defendants potentially could be set free without going to trial.”

Other states, Stith said, have already experienced consequences. She noted that Indiana, Montana and Washington could face the release of prisoners or lawsuits from the American Civil Liberties Union. Louisiana, she said, is seeking a congressional bailout to avoid the release of hundreds of prisoners.

One potential elixir, Stith said, is collaboration. In Springfield, for example, the bar launched an initiative within the local legal community to get private attorneys to handle probation revocation cases.

“Just six months after the program was born, more than 40 lawyers have volunteered, most of whom have received training and have begun taking cases,” Stith said.

But Stith said volunteer efforts were only part of the solution. She asked the Legislature to find “creative solutions to remedy the worsening situation in Missouri’s public defender system.”

“We believe a substantial additional state commitment of resources is necessary, but that simply is not possible without the support of those of you in this room,” Stith said. “I am confident that together, we can find ways to ease these burdens, comply with federal law, and enhance equal – and affordable – access to justice for all.”

Stith’s speech did not mention legislation authorizing the state’s Public Defender Commission to cap a caseload. Sen. Jack Goodman’s bill was heard in the Senate General Laws Committee on Tuesday. Stith said after her speech that there is “certainly a limit” to the amount of cases public defenders can handle competently but added the cap wouldn’t completely solve the problem.

“Simply capping the number of cases does not in itself solve anything because then those defendants that can’t be represented by [public defenders] have to be represented by somebody else,” Stith said.

Additionally, Stith praised reintegration programs for individuals convicted of drug or alcohol offenses. Yet several hot-button topics were absent from Stith’s speech. She did not touch on potential alterations to the Missouri Nonpartisan Court Plan. There was also no mention of a pending resolution in the Senate rejecting a proposal that could raise the pay of most judges.

Stith said she would defer to the Missouri Senate to decide whether the commission’s recommendation is implemented. She also said controversy over the court plan decreased since last year.

Skip Walther, president-elect of The Missouri Bar, said Stith did a “fine job” of presenting the problems related to the judiciary in light of the state’s weakening budgetary situation.

“The concern for all aspects of government right now is the budget crisis,” Walther said. “I’m confident that the governor is going to find ways to cut costs in the judiciary, as well as other branches of government. It’s probably something that has to be done. The problem is that most of the money in the judiciary’s budget is personnel.”

State Sen. Kurt Schaefer, R-Columbia – an attorney who works for Lathrop & Gage – said he was glad that Stith struck a conciliatory tone with the General Assembly. He also said the Legislature needed to take a hard look at the public defender issue.

“I think collaboration for more pro bono work is great. Lawyers always bristle at that because nobody likes a system where they can be selected against their will to serve pro bono,” Schaefer said, adding that bar associations could promote awareness to the problem so attorneys could come forward to take cases.

In Nixon’s proposed increase to the defender system, about $590,000 would go to hire staff, while $800,000 would go toward a personnel pay plan.

Cathy Kelly, a deputy public defender, said she was pleased with Nixon’s budget recommendations. If the budget goes through, Kelly said, it will be the first time since 2000 that the office has been able to hire more staffers.

“It’s a huge step for us,” Kelly said. “There is no way that it fixes the problem. Twelve lawyers out of 192 that we need is not going to fix the problem. We’re not going to fix the problem in this economy. We realize that. Everyone does. But it’s a move toward addressing the problem. And that may allow us to keep some offices afloat that were going to have to start turning away cases.”

James Harris, the executive director of Better Courts for Missouri, said in a statement that he would “extend an open hand to working with Chief Justice Stith to accomplish the goals she outlined regarding an impartial judiciary and to restore the public’s trust in our legal system.”

But later on in the release, Harris criticized the Nonpartisan Court Plan, arguing that “trial lawyers continue to control the process of selecting judges in secret.”