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SB 767 - This act modifies provisions relating to the Public Defender System. INDIGENT DEFENSE CONTRACT COUNSEL Under this act, money from the general revenue fund may be appropriated to pay contract counsel. Contract counsel may 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 may 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 general revenue funds appropriate for such purpose shall be administered by the Office of the Missouri State Public Defender, which 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 the moneys. Employees of the public defender system may not serve as contract counsel. NO REPRESENTATION REQUIRED FOR PROBATION VIOLATIONS 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. This act is similar to SCS/SB 611 (2007). SUSAN HENDERSON MOORE
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