Missouri and its Sixth Amendment Sacrifice

A word to the world's wretched wrongdoer's: Don't do wrong in Missouri. Or if you do, have money. Because if you po', you SOL. Word has it, as of September 1st, the public defender's office in the beautiful Show Me state will begin refusing to accept cases for destitute defendants. Because they're overworked and underpaid. Gee, there's something no one else has experienced.

Now, I don't really know exactly what kind of cases the public defender's office typically defends, but I'm guessing most people aren't utilizing their services to fight their jaywalking tickets. I could be wrong. But, I doubt it. I mean, I never went to law school, hated every second of my high school government class (it came right after lunch with a teacher whose first language was Monotone and who owned major stock in transparencies and over head projectors...need I say more?) and it's been a while since I've reviewed all the amendments of our constitution in fine detail. But, it seems to me I do remember a little something about...let's see...what was that, again? Oh, yeah. The right to an attorney should you not be able to afford one. Especially if there's a possibility that you might be checking in to a federal penitentiary sometime in the near future.

Anyway, according to the article I read, full time public defender's average about 300 cases per year with an average starting salary of about $37k. I can empathize with the frustration. Heck, even Missouri social workers ' (a profession with a notoriously high case load and notoriously low pay) are paid about $10,000 more annually...on average. Doesn't seem fair, does it? But, then again, first year teachers in Missouri can only expect a meager $25k for spending 8 hours a day for 9 months of the year (in a confined space) with 30 screaming, "spirited" children (at least half of whom will probably be seeking a public defender at some point in their precarious futures). Yet, somehow, I feel like we'd be far less tolerant of a teacher who refused to accept a child into his classroom based on low pay and high case load.

Anyway, I guess this is nothing new to the State of Missouri., so they can hardly claim surprise. The public defender's office has been warning the State for some time that they're overloaded and understaffed, begging for some sort of relief.

Unfortunately, it seems relief never came so, hey, I know, I know. Let's deny our citizens their constitutional rights...that ought to fix the problem, don'tcha think?

I don't understand why the State is allowing this to happen. I realize that public defense and, thereby, public defenders are not a popular bunch, especially here in the conservative heart of America. But, this is a freakin' fundamental right ...a right that sets us apart from other countries. Countries who still stone women for infidelity and chop of hands for theft.

I'm not sure what the solution is, but it's certainly not in denying the indigent the right to a defense. And again, I'm just a simple woman with a couple of years of college under my belt, no juris doctorate degree or anything, but I don't know...seems like maybe an increase in salary might make the job more enticing from the get go, and eliminating half of the problem.

Then, perhaps, the courts might send the leftovers to private practice attorneys as part of their fulfillment of the Professional Rules of Conduct all lawyers are bound to:

All lawyers, therefore, should devote professional time and resources and use civic influence to ensure equal access to our system of justice for all those who because of economic or social barriers cannot afford or secure adequate legal counsel. A lawyer should aid the legal profession in pursuing these objectives and should help the bar regulate itself in the public interest. [7] Many of a lawyer's professional responsibilities are prescribed in the Rules of Professional Conduct...

helping to curb the remainder of the problem.

Something that has been a known complication for years has just become a crisis. I wonder why it always takes a crisis to form a solution? And I wonder why it's always the people...mainly the indigent and less educated...who must pay before the crisis is cured?