HB 796 -- Public Defenders

Sponsor:  Lembke

This bill allows public defenders to provide representation to
individuals who are in the custody of the Department of
Corrections and who are seeking post-conviction relief;
individuals who are in the custody of the department, who have
been determined to be indigent, and who have been granted a
hearing under provisions relating to post-conviction DNA testing;
and individuals who are indigent committed persons seeking
conditional or unconditional release.

A public defender may refuse representation when the Director of
the Office of State Public Defender determines that resources and
caseloads in a jurisdiction are such that the public defender
cannot provide competent and effective counsel.  In cases where
the director declines representation, the court may appoint a
member of the Missouri Bar to represent the defendant.  A court
or a party seeking public defender services is allowed to appeal
the determination of indigency made by a defender to the director
and specifies that courts may not appoint a public defender or
any attorney employed by the Office of State Public Defender to
undertake representation in any case.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:20 pm