Governor Ordered to Serve as Public Defender

[Bicycle Bill]

(Sue U and BSG ought to get a kick out of this one.)

Fed up with the lack of funding provided by Missouri Gov. Jeremiah "Jay" Nixon's withholding of funds and other budget cuts, the Director of the Missouri State Public Defender System came up with a unique and totally legal way to kick the matter directly to the person responsible.

Missouri's head public defender assigns case to Gov. Nixon, cites overburdened staff

Citing a state law — Section 600.042 §5(1) — which permits the Director of the Public Defender System to "(d)elegate the legal representation of any person to any member of the state bar of Missouri", Director Michael Barrett has tasked the Governor (who is a member of the state bar) with the obligation to "enter his appearance as counsel of record" in a case scheduled to be heard in Cole County Circuit Court.

At least he was courteous enough to work with the governor on this; the state capitol of Jefferson City is in Cole County, so at least Mr. Nixon should not need to incur extensive amounts of travel.

-"BB"-

[Sue U]

I think it's great. We have mandatory pro bono criminal defense assignment here in NJ, too, which empowers the courts to draft attorneys if necessary to ensure constitutional guarantees are protected. I have to register for it every year, but so far I have never been called to serve. (If I were, it would probably be malpractice for me to do so. )

[Guinevere]

We don't have mandatory pro bono in Massachusetts, but it is/should be an obligation of every lawyer to help those with limited resources navigate the system -- be it criminal or civil. Luckily, my firm agrees with me, so I currently have several pro bono cases where I am representing victims of domestic abuse in their divorce/custody/support cases against their abusers. As I have no criminal law experience, I would not venture stepping into that world. Even probate and family court was new and different and after 20 years as a litigator, I'm still learning the ins and outs of that process.

[oldr_n_wsr]

I've served jury duty. Does that count?

[Big RR]

I received a mandatory pro bono assignment once (for a DV case), but I changed counties of registration prior to it and it was reassigned. Now my work with the Public Defender's office exempts me from this sort of assignment; also, the state now provides public defenders in the municipal courts, cutting back on this sort of assignment.

[Jarlaxle]

I've served jury duty. Does that count?

After what my mother went through, I consider moving to a different county a viable option.

[MGMcAnick]

I've served on three juries, foreman once. I didn't like it. It's like they say, it's a dirty job, but someones gotta do it. I was summoned to be on another jury, but was excused when I let them know my last service had been less than a year earlier. I've also been on the "call in" list for a local jury since then, as well as one for a federal grand jury. In case you are not familiar with those, you call in every evening and hear a recording to see if have to report the next morning. I'm glad I didn't get sucked into the federal one. They can drag on for weeks, and be 200 miles from my home. I can't explain why I've had jury summonses so many times in the 38 years I've lived here, and Mrs Mc has only been summoned and served once. I'm probably due for another jury soon.

'In one case the poor criminal was represented by a public defender. I felt sorry for the guy as his young attorney admitted, in the jury room after the trial, that it was his first criminal case. Luckily, the prosecution had all their ducks in a row, the cops caught the bad guy red handed, and a conviction was decided on the first ballot.

In the case where I became the foreman, the prosecutor made a joke of offering me something under the table during voir dire. I knew he was joking. So did everyone else in the room, but if I'd made a statement about attempted bribery, I don't think the judge would have taken his joke lightly.

[Jarlaxle]

My mother was on a grand jury...and wound up basically putting her life on hold for a year and a half. Afterwards, she figured it cost her about $1000...and that is WITHOUT losing any pay! (She is retired.) Some of the other jurors had it much worse...one lost a promotion because of the time he missed, one worked on commission and every day serving cost him money...one guy had his car stolen from the garage!

Personally, if called, I think that getting sent home might simply be a matter of selecting the correct reading material to bring...

[BoSoxGal]

The jury system doesn't work unless people are willing to serve as jurors. And yes, there ARE sacrifices involved in that service, it's not all shits & giggles.

I'm taking care of a lovely 98 year old man who grew up in the Depression. I engage him a lot in storytelling - him telling me about his life - because it seems to please him to think about his family and tell me stories about his childhood and young adult years. When he tells me about the deprivations he experienced in the Great Depression it also reminds me of the best stories my Gram shared with me and ultimately it reminds me what a bunch of whiny pissy little bitches most people today are - they haven't got a fucking clue what it is to REALLY do without.

Most people today are spoilt whingers and not much more.

[Jarlaxle]

So, where is the line? $1000? $5000? $50000? Lose a promotion? Eat a non-refundable cruise someone has been saving for and planning for years? Lose a client? Lose a business?

Honestly, there is exactly zero chance any lawyer (especially a prosecutor) would EVER let me sit on a jury.

[Crackpot]

And you wouldn't even have to resort to mein kampf.

[oldr_n_wsr]

I have only been called to civil cases and never got past the selection portion. I guess they didn't like my answers.
I was called one time to grand jury in brooklyn but pleaded hardship and got excused.
I called and the person on the phone would not let me out of it. Then I wrote a letter (via snail mail) and that got me excused.

[Lord Jim]

Returning to the OP...

Well, if Gov. Nixon doesn't do a good job defending the guy, he can always just give him a pardon...

Which points out the two major problems with this grandstanding publicity stunt...

First of all, it's grossly inappropriate to have person who could at some point being reviewing a request for pardon or commutation in a case serving as the defense attorney...

I think the DA would have good grounds to challenge his appointment as counsel on that basis...

Second, it's unfair to the defendant. I haven't looked it up, but I'd guess it's been a number of years since Gov. Nixon saw the inside of a court room as a counsel of record. Given that, what quality of defense will the poor schelp who draws him as counsel receive?

I can see a justification for mandating pro bono work for practicing attorneys, but this is nothing but a silly and ill-advised grandstand play.

[Big RR]

The thing is defining what a practicing attorney is; so long as one has a current license, I would think the presumption is they are a practicing attorney (just as anyone with a drivers license can be presumed to be a driver). However, I agree that forcing a sitting governor to do public defense work presents problems on a number of levels, including the fact that the DAs and justice departments are part (or are affiliated with) of the state's executive branch and have some connection to the governor; I see a conflict of interest there.

As for

Second, it's unfair to the defendant. I haven't looked it up, but I'd guess it's been a number of years since Gov. Nixon saw the inside of a court room as a counsel of record. Given that, what quality of defense will the poor schelp who draws him as counsel receive?

While I tend to agree with you, it's probably still better than that same schlep might get when the PD's office cannot afford to hire and pay attorneys for such defense. Lawyers are required to zealously represent their clients and to withdraw or refuse a representation they do not feel they are qualified to represent; in my state the recommendation of the bar is for the attorney to then obtain alternate counsel at his or her own expense for any assigned representation. Not really fair, but then if the state refuses live up to its responsibilities to provide representation of the indigent, it falls on the bar to do so. there are a lot of better ways to meet this obligation then telling an individual member to pay for a representation or do it him or herself, but that's what my state has done.