Missouri
The state of Missouri funds and administers indigent defense services in adult criminal trials for some court levels. Local governments are responsible for other court levels. The state is the primary funder, with local governments responsible for some court levels and overhead. A state commission provides oversight of state-administered services only.
The state of Missouri funds and administers all indigent defense services for adult criminal cases in its appellate courts. A state commission is responsible for providing oversight of services statewide.
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115 Counties Primarily State Funded
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115 Counties Shared State and Locally Administered
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115 Counties with a Commission With Limited Authority
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115 Counties State Funded
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115 Counties State Administered
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115 Counties with a Commission With Statewide Authority
The Missouri State Public Defender (MSPD) administers indigent defense services in every court of the state, except for the municipal division of the circuit courts where the state requires municipalities and counties to fund and administer all services. MSPD delivers services through public defender offices and flat fee contracts with private attorneys. The state funds MSPD’s operations, except for the office space and utilities of defender offices, which local governments must cover. MSPD also provides juvenile, appellate, and post-conviction representation.
Missouri’s public defender commission is responsible for providing oversight of MSPD. The governor appoints seven members to the commission, which is responsible for appointing the state public defender director. The commission has no oversight of services in the municipal division of the circuit courts, where municipalities and counties fund and administer indigent defense services.
The Missouri State Public Defender (MSPD) administers all indigent defense services in adult appeals. MSPD’s appellate and post-conviction relief division provides representation in felony appeals and felony post-conviction matters through six offices across the state. The division can handle misdemeanor appeals, but often the trial public defender offices handle them. MSPD has a separate capital division, which provides representation in capital cases both at trial and appeal. MSPD maintains flat-fee contracts with private attorneys to provide representation in a very limited number of cases.
Missouri’s public defender commission is responsible for providing oversight of MSPD. The governor appoints seven members to the commission, which is responsible for appointing the state public defender director. The state funds MSPD’s operations, except for the office space and utilities of trial-level public defender offices, which are covered by local governments.
Dig Deeper
Who serves on the commission?
Can the indigent defense system limit its availability due to case overload?
How does a single government agency represent both primary and conflict defendants?
Are contract counsel paid under flat fees?
In which branch of state government does the indigent defense system reside?
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Criminal justice issues that disproportionately harm poor people, such as wrongful convictions and over-incarceration, cannot be fixed if indigent defendants are given attorneys who do not have the time, resources, or qualifications, to be a constitutional check on government. Yet, investment in improving indigent defense services remains largely neglected. The Sixth Amendment Center is the only nonprofit organization in the country that exclusively examines, uncovers, and helps fix the root of the indigent defense crisis in which inequality is perpetuated because poor defendants do not get a fair fight.
The Sixth Amendment Center is a tax-exempt 501(c)(3) nonprofit organization under EIN: 45-3477185.
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