IN THE CIRCUIT COURT OF THE COUNTY OF ST. LOUIS STATE OF MISSOURI

 

IN RE:
MISSOURI STATE  PUBLIC
DEFENDER, District 21,
St. Louis County Trial Office

FILED  DEC. 05, 2019
JOAN M. GILMER
CIRCUIT CLERK,  ST. LOUIS COUNTY

Cause No. 18SL-CC00129
Div. 19

 

COURT ADMINISTRATIVE ORDER GRANTING MOTION TO ESTABLISH AN INDIGENT DEFENDANTS' WAIT LIST PURSUANT TO §600.063  RSMO.

Before the court is the motion of Stephen Reynolds, District Defender of the St. Louis Trial Office (District 21) of the Missouri State Public Defender System (MSPD), requesting that this court authorize this implementation of a wait list of indigent defendants, under the suggested terms and conditions laid out in his motion, pursuant to §600.063 RSMo.

In support, Mr.Reynolds lays out the procedural history of this litigation and the current status of each staff attorney in the Area 21 MSPD Trial Office. See Exhibits A-C.

The court takes judicial notice of its file, including but not limited to the response of WesleyBell, Prosecuting Attorney of St. Louis County, filed on or about November 20, 2019, indicating no current objection to the request as provided therein. The court finds that, at present, the proposed wait list can be implemented and managed without unduly endangering community safety or causing undue disruption to the effective administration of justice in St. Louis County, especially if implemented in conjunction with St. Louis County Local Court Rule 21.06 ("Appointment of Attorneys in Criminal Proceedings) and the attorney appointment protocol associated therewith.

Therefore, being fully advised, this court hereby approves and authorizes the implementation of a wait list, under provisions of the seven (7) points proposed on page 9 Mr. Reynold's motion. This administrative order will be effective as of January 2, 2020, and shall remain  in full force and effect  unless and  until  otherwise  amended or rescinded.

However, the court reserves the continuing right to review this administrative order if the establishment of a wait list causes or threatens to cause any undue disruption to any party's constitutional rights, community safety, the administration of justice or to any county court stakeholders. Further, the court specifically declines to order that individual attorney caseloads in the Area 21 MSPD Office must be limited to the caseload caps and recommended "hours of work per month" in the Rubin-Brown analytical metric, See p. 6, fn. 7 of MSPD' s motion. However, the court is sensitive to ethical obligations which bind all attorneys, including public service attorneys such as those who work in the MSPD.  The court is also sensitive to its long-standing and continuing ethical duty to ensure that each defendant has effective assistance of counsel.  State ex rel. Missouri Pub. Def. Comm'n v. Waters, 370 S.W.3d 592 (Mo. 2012), State ex rel. Missouri Pub. Def. Comm'n v. Pratte, 298 S.W.3d 870 (Mo. 2009), Sanders v. State, 738 S.W.2d 856, 856 (Mo. bane 1987). Such reconsideration of the wait list, if any, will be upon written  notice of hearing  in advance to Area 21  MSPD and the  St. Louis County  Prosecuting  Attorney.

 

SO ORDERED:
Hon. Gloria Reno
December 05, 2019
Presiding Judge, Division 19
Twenty-First  Judicial  Circuit

cc: to all parties, through counsel of record, via the court's electronic filing system.