Do caseload numbers impede the ability of public defenders to provide effective counsel?
The question has been revived in the wake of an American Bar Association study released earlier this month.
The statistics show a wide disparity between what occurs and what is recommended.
As an example, surveys of public defenders and private practice lawyers suggest 47.6 hours to prepare cases involving the most serious Class A and B felonies.
The study found, however, public defenders devote an average of 8.7 hours preparing those cases.
A concern is the disparity will be used by criminal defendants to support claims of ineffective counsel.
Michael Barrett, general counsel and public information officer for the Missouri State Public Defenders Office addressed those concerns. "The effect of having to deal with this many cases," he said, "is precisely what we are concerned about - that despite the best efforts of skilled and committed public defenders, the sheer volume of cases is such that not all clients receive their constitutional right to an adequate defense."
Some prosecutors are not convinced public defenders are overwhelmed by caseloads. They contend quantity of cases does not necessarily impede quality of representation. Cole County Prosecutor Mark Richardson said: "The local public defenders have provided good, I would say above adequate, legal representation to their clients in the cases they have handled with our office."
We appreciate his vote of confidence, but the statistical disparities remain alarming. When public defenders are able to provide only about 20 percent of the recommended time to serious criminal cases, the problem must be addressed.
Claims of ineffective counsel prolong final disposition of criminal cases, which - in turn - tend to clog court dockets.
The Cole County Circuit Court consistently has won awards for exceeding Missouri Supreme Court guidelines for managing its caseload.
Effective management results when the parties are satisfied that justice has been done. A key provision of our system of justice is a criminal defendant's right to effective public counsel.
One option to fortify that provision is to hire more public defenders. Cost is the obvious obstacle.
Another option, and one that deserves to be explored, is assigning more private practice lawyers to represent criminal cases pro bono (for free). An argument opposing this option is such representation might be equally, or more, ineffective.
Representatives from all three branches of government - executive, legislative and judicial - have an interest in resolving this dilemma.