JEFFERSON CITY • The state’s top public defender says his surprising decision to appoint Gov. Jay Nixon as a defense attorney for a poor client is not just political gamesmanship.
Rather, Michael Barrett, director of Missouri’s Public Defender Commission, said the extreme maneuver that has gained national attention is an outgrowth of several years of Nixon failing to adequately fund an agency that ensures low-income residents are given a constitutionally guaranteed defense in court.
“This is not a stunt,” Barrett told the Post-Dispatch in an interview Friday. “This is important stuff. This is people’s constitutional rights.”
On Monday, Barrett sent Nixon a letter appointing him to represent a man awaiting trial in an assault case in Cole County. The courthouse is located about three blocks from the governor's mansion in downtown Jefferson City.
Barrett cited a provision in state law that allows him to appoint a member of the state bar to represent someone who can’t afford a private lawyer.
Nixon, a former Missouri attorney general, has held an active law license since 1981.
Barrett said he picked Nixon because he has been largely responsible for cuts to the department budget that have stretched its resources to the breaking point, creating large backlogs of cases, a virtual hiring freeze and a high turnover rate among employees.
“The problem has gone on too long,” Barrett said. “What were we supposed to do? Ignore the rights of these people?”
Nixon responded Thursday that he doesn’t believe Barrett can appoint him to a case without his consent, setting in motion a potentially protracted legal fight.
Barrett said he specifically chose a defendant who is already out on bond so the person does not have to wait in jail while the dispute between Barrett and the governor is underway.
Meantime, Barrett said he feels justified in putting Nixon on the spot because the governor won’t talk to the commission about why he has reduced funding levels approved by the Legislature by $3.5 million.
In a July 8 letter to Nixon obtained by the Post-Dispatch, commission chairman Riley Bock, a former prosecutor from New Madrid, asked for a meeting with Nixon to discuss “how it will adversely affect the work of the commission.”
The letter offered Nixon a July 13 deadline to respond.
But, said Barrett, “We were blown off.”
“Any speculation that this some sort of stunt is really missing the point. We have done everything under the sun to try and resolve this as adults and attorneys,” he said. “Our preference is to get the money. We’re talking about $3.5 million that the Legislature acknowledged would help get us out of crisis mode. We would rather just to the job ourselves.”
Barrett said he believes the next move is up to Nixon. He said the governor should drop his objections and meet with the client.
Nixon’s office did not immediately respond to requests for comment Friday.
?Kurt Erickson • 573-556-6181
@KurtEricksonPD on Twitter
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