SCS/SB 611 - This act modifies provisions relating to the public defender system. Money from the general revenue fund may be used to pay contract counsel to represent eligible indigent persons who are charged with a misdemeanor, a violation for passing a bad check, or a misdemeanor probation violation that will likely result in confinement in county jail and for which the constitution or law requires the appointment of counsel. Such probation violation must also possibly result in the charging of a separate offense.
The money shall also be used to represent persons involved in criminal child support enforcement actions and persons who would normally be represented by a public defender, except that the public defender has a conflict of interest in such case.
The Office of the Missouri State Public Defender shall have the authority to: 1) enter into contracts with qualified private counsel, 2) process contract counsel payments and litigation expense reimbursements; and 3) make rules necessary to administer this act. Employees of the public defender system may not serve as contract counsel.
No public defender or contract counsel shall be required to provide legal services to an eligible person for a probation violation unless such violation could result in the charging of a separate offense.
SUSAN HENDERSON MOORE