600.042. Director's duties and powers--cases for which representation is authorized--rules, procedure--discretionary powers of defender system--bar members appointment authorized.
Director's duties and powers--cases for which representation isauthorized--rules, procedure--discretionary powers of defendersystem--bar members appointment authorized.
600.042. 1. The director shall:
(1) Direct and supervise the work of the deputy directors and otherstate public defender office personnel appointed pursuant to this chapter;and he and the chief deputy director may participate in the trial andappeal of criminal actions at the request of the defender or upon order ofthe commission;
(2) Submit to the commission, between August fifteenth and Septemberfifteenth of each year, a report which shall include all pertinent data onthe operation of the state public defender system, the costs, projectedneeds, and recommendations for statutory changes. Prior to Octoberfifteenth of each year, the commission shall submit such report along withsuch recommendations, comments, conclusions, or other pertinent informationit chooses to make to the chief justice, the governor, and the generalassembly. Such reports shall be a public record, shall be maintained inthe office of the state public defender, and shall be otherwise distributedas the commission shall direct;
(3) With the approval of the commission, establish such divisions,facilities and offices and select such professional, technical and otherpersonnel, including investigators, as he deems reasonably necessary forthe efficient operation and discharge of the duties of the state publicdefender system under this chapter;
(4) Administer and coordinate the operations of defender services andbe responsible for the overall supervision of all personnel, offices,divisions and facilities of the state public defender system, except thatthe director shall have no authority to direct or control the legal defenseprovided by a defender to any person served by the state public defendersystem;
(5) Develop programs and administer activities to achieve thepurposes of this chapter;
(6) Keep and maintain proper financial records with respect to theproviding of all public defender services for use in the calculating ofdirect and indirect costs of any or all aspects of the operation of thestate public defender system;
(7) Supervise the training of all public defenders, assistant publicdefenders, deputy public defenders and other personnel and establish suchtraining courses as shall be appropriate;
(8) With approval of the commission, promulgate necessary rules,regulations and instructions consistent with this chapter defining theorganization of his office and the responsibilities of public defenders,assistant public defenders, deputy public defenders and other personnel;
(9) With the approval of the commission, apply for and accept onbehalf of the public defender system any funds which may be offered orwhich may become available from government grants, private gifts, donationsor bequests or from any other source. Such moneys shall be deposited inthe state general revenue fund;
(10) Contract for legal services with private attorneys on acase-by-case basis and with assigned counsel as the commission deemsnecessary considering the needs of the area, for fees approved andestablished by the commission;
(11) With the approval and on behalf of the commission, contract withprivate attorneys for the collection and enforcement of liens and otherjudgments owed to the state for services rendered by the state publicdefender system.
2. No rule or portion of a rule promulgated under the authority ofthis chapter shall become effective unless it has been promulgated pursuantto the provisions of section 536.024, RSMo.
3. The director and defenders shall, within guidelines as establishedby the commission and as set forth in subsection 4 of this section, acceptrequests for legal services from eligible persons entitled to counsel underthis chapter or otherwise so entitled under the constitution or laws of theUnited States or of the state of Missouri and provide such persons withlegal services when, in the discretion of the director or the defenders,such provision of legal services is appropriate.
4. The director and defenders shall provide legal services to aneligible person:
(1) Who is detained or charged with a felony, including appeals froma conviction in such a case;
(2) Who is detained or charged with a misdemeanor which will probablyresult in confinement in the county jail upon conviction, including appealsfrom a conviction in such a case;
(3) Who is detained or charged with a violation of probation orparole;
(4) Who has been taken into custody pursuant to section 632.489,RSMo, including appeals from a determination that the person is a sexuallyviolent predator and petitions for release, notwithstanding any provisionsof law to the contrary;
(5) For whom the federal constitution or the state constitutionrequires the appointment of counsel; and
(6) For whom, in a case in which he faces a loss or deprivation ofliberty, any law of this state requires the appointment of counsel;however, the director and the defenders shall not be required to providelegal services to persons charged with violations of county or municipalordinances.
5. The director may:
(1) Delegate the legal representation of any person to any member ofthe state bar of Missouri;
(2) Designate persons as representatives of the director for thepurpose of making indigency determinations and assigning counsel.
(L. 1982 H.B. 1169, A.L. 1991 S.B. 194, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1999 H.B. 852, A.L. 2006 H.B. 1698, et al.)Effective 6-05-06