Missouri Public Defenders Overwhelmed By Caseload

    Feb. 23, 2007
    KSDK (MO)
    By Jeff Small


    (KSDK) - Soon anyone needing a public defender in Missouri could be out of luck. A state commission will soon decide whether to put a freeze on public defenders taking on new cases.

    It would be putting it lightly to say Missouri public defenders are severely overwhelmed by the number of new cases requiring their assistance. The situation has long been debated about how to remedy the problem. Now there is a solution although it's not without a set of very serious concerns.

    They is a simple yet powerful message contained within Amendment Six of the U.S Constitution: the right to counsel regardless of how many cases that counsel is responsible for.

    Cathy Kelly is one of the deputy directors with the Missouri Public Defender Commission.

    "We are clearly on the verge of crisis and our caseload has risen by 12,000 cases in the last six years and we have gotten no new staff to handle those," said Kelly.

    The numbers tell the real story. Last year in Missouri, 88,000 cases were handled by 350 public defenders. The numbers add up to roughly 251 cases for each attorney.

    "We are one of the only state agencies that cannot turn people away and there is a limit to how much the best lawyer in the world can do with a limited amount of time," said Kelly.

    The problem isn't new or even questioned, but what is a matter of serious debate is how to resolve it. One drastic measure could soon put a freeze on new cases getting representation by public defenders. Officials say it solves the caseload problem, but creates a different and just as serious scenario.

    "It will be a pretty dramatic impact on the criminal justice system if public defenders are not allowed to take new cases. Unless they have a lawyer people cannot be prosecuted," said Kelly.

    If things remain unchanged, public defenders say their workloads will violate their professional responsibilities.

    "One of the ways to violate that code is to take on more cases than it is feasible for them to effectively handle," said Kelly.

    There are seven members on the Missouri Public Defender Commission. They will meet next Friday in Jefferson City to discuss the caseload freeze as well as other possible solutions to the longstanding problem.

    The decision by the commission could be in place effective immediately after their ruling.



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