Criminal Justice Task Force Releases Recommendations
The panel has been considering ideas since late last year and issued the following recommendations, which were approved by The Missouri Bar’s executive committee:
- Abrogate unilateral certification of offices by the Missouri State Public Defender, while allowing District (or Circuit) Public Defender to seek judicial relief of caseload through presiding judge
- Limit Public Defender representation in probation and parole violation/revocation cases to those cases where representation is constitutionally required
- Limit Public Defender involvement in 1st- and 2nd-level conflict cases through contract counsel
- Enact statutory change to State Legal Expense Fund to include coverage for contract and appointed counsel in criminal matters, or otherwise provide malpractice protection for appointed counsel
- Utilize a central collection agency for all criminal justice debt, including restitution, court fees, jail fees, public defender liens, and all other debt defendants owe due to their involvement in the criminal justice system
- Allow courts to take monthly payments on cash or 10% deposit bonds for payment of private counsel and funding of the Public Defender System
- Explore efficiency of representation of indigent defendants by contract counsel consistent with the requirements of the 6th Amendment of the US Constitution and Article I, Section 18(a) of the Missouri Constitution
- Extend the existence of the Missouri Bar Criminal Justice Task Force to continue drafting statutory language for these matters, and also to consider and review other criminal justice issues, including needs of part-time prosecutors
|