Beautiful: Missouri's State Public Defender Assigns Case To State's Governor
The Governor of Missouri, Jay Nixon, vetoed a state bill to provide caseload relief to overburdened public defenders -- while acknowledging that the system was overburdened and promising to do something...but, whoops...never actually getting around to that.
Instead, he cut the public defenders' budget repeatedly.
In the wake of this, Michael Barrett, Director of the Missouri State Public Defender Office, used his power to assign private attorneys to a case to assign the Governor to one.
As Barrett explains it, he doesn't find it fair to assign private attorneys who did not cause the problem, but he thought he should "begin with the one attorney who not only created this problem, but is in a unique position to address it."
Just love this.
Now, I'm for small government, including small government spending, but we owe it to poor people who cannot afford a defense to provide one for them.
See Gideon v. Wainright. Here from Wikipedia:
Gideon v. Wainwright, 372 U.S. 335 (1963), is a landmark case in United States Supreme Court history. In it, the Supreme Court unanimously ruled that states are required under the Fourteenth Amendment to the U.S. Constitution to provide counsel in criminal cases to represent defendants who are unable to afford to pay their own attorneys. The case extended the right to counsel, which had been found under the Fifth and Sixth Amendments to impose requirements on the federal government, by ruling that this right imposed those requirements upon the states as well.
via @RadleyBalko
The PDF is indeed worth reading in it's entirety.
Crid at August 4, 2016 2:26 AM
Makes me think my state elected William J. Lepetomane instead of Jay Nixon. Not one of our shining moments here.
Jim Armstrong at August 4, 2016 5:11 AM
Love the story, but methinks that Mr. Barrett has made a career-limiting move. But, maybe that's just part of the plan, his "Take This Job And Shove It" statement as he rides out in a blaze of glory. Man, wish I could do that...
bkmale at August 4, 2016 6:51 AM
Mm.
I hope that the judge has enough balls to make the governor keep the case, and further, I hope the public defender gave him a case which needed LOTS AND LOTS of trial work.
I am a small government type as well and I would not have minded if the governor pretty much ignored the issue.
HOWEVER, cutting the budget crosses the line from being slightly derelict to being part of the problem.
The way we keep a CIVIL society is BEING CIVIL, particularly to our poorest.
They stay civil by thinking things are mostly fair.
FIDO at August 4, 2016 8:18 AM
Missouri is a mess. The hinterlands aren't enough to save Saint Louis and Kansas City.
Isab at August 4, 2016 9:54 AM
Ha. Government-by-lawyers eats one of its own.
Cousin Dave at August 4, 2016 11:02 AM
The public defenders office should have the same budget to the penny as the prosecutors office.
They should get the same number of police investigative hours too
lujlp at August 4, 2016 1:11 PM
Poor people should get first-class representation. I'm willing to pay for that.
mpetrie98 at August 4, 2016 2:13 PM
Why, luj? Not every prosecuted case needs a public defender. They do all require a prosecutor. The same amount of money per case, maybe.
momof4 at August 4, 2016 2:50 PM
Why, luj? Not every prosecuted case needs a public defender. They do all require a prosecutor. The same amount of money per case, maybe.
momof4 at August 4, 2016 2:50 PM
I think we ought to do it the British way. All,government lawyers in the same pool. Flip a coin to see who prosecutes, and who defends on any given case.
And in civil cases? Loser pays.
Isab at August 4, 2016 4:00 PM
Point taken: It's a wonderful story so long as you set aside all the practicalities, motives, and priciples.
Crid at August 5, 2016 12:19 AM
Oh boy. More government by theater.
Conan the Grammarian at August 5, 2016 5:32 AM
That's a really good point Crid. One I had not considered.
Ben at August 5, 2016 6:19 AM
I think the problem is that government considers its job to secure a conviction. So, the prosecutor's office is staffed and funded while the public defenders' office is considered a court-ordered nuisance and left underfunded and understaffed, an afterthought int he budget process. The government and its officials need to recognize that their job is to secure a fair trial for the accused, any accused, rich or poor.
Reason was on a tear a few months (years?) ago about state-funded crime labs working with and for the prosecution, receiving bonuses for successful prosecutions.
This kind of bias turns the justice system into the prosecution system and the citizens are on their own. This is the kind of system that led to the anger in Ferguson, LA, and other riots mistakenly attributed to race. Palpable anger over things like this is why Trump remains a viable candidate for president, despite his penchant for shooting himself in the foot.
Conan the Grammarian at August 5, 2016 11:44 AM
Gideon's Trumpet.
https://en.wikipedia.org/wiki/Gideon%27s_Trumpet
Jay J. Hector at August 5, 2016 3:19 PM
"I think the problem is that government considers its job to secure a conviction."
Bingo. And police have turned into revenue collection agencies.
Isab at August 5, 2016 3:51 PM
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