Wait lists for justice? Missouri’s broken public defender system must be fixed

A Cole County, Missouri judge is the latest public figure to confirm what we’ve reported for years: The state’s public defender system unconstitutionally denies defendants their right to a lawyer.

Now it’s up to the state legislature to do its job.

In an opinion signed Feb. 18, Judge William Hickle said it was “likely” plaintiffs claiming an inadequate public defense would prevail in court. In November 2019, the ruling found, more than 5,800 defendants were on “wait lists,” without a public defender or private attorney.

“While an indigent defendant is on a waiting list … no (public defender) talks to the defendant, investigates the case, reviews evidence, gives advice, or assists the defendant in any way,” Hickle said.

The judge said no criminal suspect who needs a public lawyer should have to wait more than two weeks to get one, either through the public defender’s office or a private lawyer paid for by the state. While that’s still too long, it’s a reasonable target for now.

Officials in the public defender’s office have said adding 12 lawyers to their staff should make the two-week target reachable, without wait lists. They asked the judge to wait for the Legislature to approve the additional lawyers.

They should do so, or they will be in court again.