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Learn Any Language | Scott Young & Vat Jaiswal

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Building a new generation of public defenders | Jonathan Rapping | TEDxAtlanta

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Attorney Jonathan Rapping knows, "it's really hard to be a caring lawyer. Caring is painful." His organization, Gideon's Promise, is inspiring a new generation of public defenders facing "the nation's greatest civil rights issue today" - the tragic shortage of representation for those who can't afford a lawyer.

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The Missouri Public Defenders office decided to assign cases to the governor, a previous attorney general.

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The public defenders office in Missouri says it's been overloaded for years: too many cases, too few attorneys, too little funding.

But Gov. Jay Nixon, who was previously the state's attorney general, has vetoed potential caseload caps and repeatedly blocked funding.

The director of the public defender system is frustrated - so frustrated he's implementing a state provision allowing him to draft any lawyer in Missouri to take over a case.

And he has one lawyer in mind: Jay Nixon.

Michael Barrett notified the governor in a letter Tuesday, opening with a walk down memory lane:

"Seven years ago, your office vetoed Senate Committee Substitute for Senate Bill No. 37, which would have provided caseload relief to an overburdened public defender system. In denying that relief, you acknowledged that MSPD was operating 'under significant stresses' and committed to working with the General Assembly to fix the problem, but never did.

"Instead, you have repeatedly cut funding for an indigent defense system that continues to rank 49th in the U.S. [in terms of funding]."

For several years in a row, the Legislature has approved multimillion-dollar budget increases for the public defender system, which the Democratic governor has rejected. The additional money would have helped hire more lawyers; a 2014 study found that Missouri needed an additional 270 public defenders in order to adequately represent the state's poorest defendants.

It's gotten even worse since then, Barrett told the St. Louis Post-Dispatch. He says he has fewer lawyers because he can't afford to replace those who leave for the private sector, and the system's total caseload has gone up 12 percent in the last year. Each of his lawyers, he says, has to handle more than 100 cases at a time - in some cases, more than 200.

"I can only hire attorneys when I have the funding to do so," Barrett wrote in his letter to the governor. But he does have another option - the ability to delegate duties to "any member of the state bar of Missouri."

Barrett says he hasn't used that power because "it is my sincere belief that it is wrong" to force private lawyers, who aren't responsible for his budget crisis, to pick up the obligation of the state.

"However, given the extraordinary circumstances that compel me to entertain any and all avenues for relief, it strikes me that I should begin with the one attorney in the state who not only created this problem, but is in a unique position to address it," he writes.

And with that, he appointed Nixon to a case.

The governor has been assigned to defend a man accused of assault, The Washington Post reports.

Barrett, who has also sued the governor over the funding restrictions, told the Post that his unusual move was necessary to raise awareness of the "reprehensible" lack of funding.

Nixon's communications director, Scott Holste, provided NPR with this statement:

"Gov. Nixon has always supported indigent criminal defendants having legal representation. That is why under his administration the state public defender has seen a 15 percent increase in funding at the same time that other state agencies have had to tighten their belts and full-time state employment has been reduced by 5,100. That being said, it is well established that the public defender does not have the legal authority to appoint private counsel.

"Under Section 600.064 of Missouri law, only the circuit court can appoint a private attorney to represent an indigent criminal defendant. Section 600.042.5, the statute referenced by the public defender, authorizes the public defender to "delegate" representation by contracting with private counsel, which requires the consent of the private attorney."

'Urgent,' 'Dire' - And Ongoing
For years, alarms have been sounding about the woes of Missouri's public defender system. There are far too many cases assigned to each defender, according to the system and to outside observers.

In 2009, a report said the office's caseload burden was "a crisis so serious it has pushed the entire criminal justice system in Missouri to the brink of collapse."

Facing an untenable workload, public defenders "are often weary, both physically and, as some have described, spiritually. They work so hard for so little, and yet they are often embarrassed by the work they manage to do," the analysts found. "A dedication to justice cannot create more hours in the day."

"The severity of this crisis has been forecasted for years, by those closest to it, but next to nothing has been done. And now the situation is as urgent as it is dire," the report stated.

Six years later, in 2015, the St. Louis Post-Dispatch wrote at length about the still-dire condition of the system.

According to one study, the newspaper wrote, "public defenders were spending an average of 27.3 hours less than deemed sufficient to provide reasonably effective counsel in various cases. For example, the study determined attorneys should expect to spend about 63.8 hours on a sex-related felony. Missouri public defenders spent an average of 25.6 hours."

Turnover and burnout is said to be high, and not helped by the salaries Missouri offers. Last year, the average salary for a three-year veteran public defender in Missouri was $50,341, the newspaper reports. In Iowa, a three-year veteran would, on average, make more than $65,000 - and have a smaller caseload.

Meanwhile, the number of cases is increasing - even though the state has "one of the strictest eligibility guidelines in the country," the Post-Dispatch wrote. "Missouri guidelines match the federal poverty guidelines, meaning an individual with a salary of $11,000 a year would not be considered poor enough to receive a public defender.

"Put another way, a person could qualify for food stamps but not legal representation in Missouri."

Last year, the U.S. Department of Justice found that the constitutional rights of poor black children in St. Louis County were being violated, in part because of the overloading of the public defender system. The DOJ described one defender's caseload as "staggering," and the challenges facing the system as "extraordinary."

Barrett and previous leaders of the public defenders office have said, again and again, that they can't adequately represent so many people with so few staff, and can't hire more lawyers without funding. The result, they say, is the violation of the civil rights of the people they are trying to serve.

J. Marty Robinson, then the director of the public defenders' office, once told the Missouri Bar's magazine that the funding problem has been festering for a long, long time:

"We've been telling the legislature this for years. We've been telling the press this for years. ... So no one can tell you we didn't tell you so. This didn't happen overnight."

He was speaking in 2008.

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Overworked And Underfunded, Mo. Public Defender Office Assigns Case - To The Governor

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The public defenders office in Missouri says it's been overloaded for years: too many cases, too few attorneys, too little funding. But Gov. Jay Nixon, who was previously the state's attorney general, has vetoed potential caseload caps and repeatedly blocked funding.

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During my internship, i worked with a public defender and a private lawyer. The public defender had a seven cases in one day. While the private lawyer had about seven a month.

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"It’s very contradictory to the reason why I came here in the first place. I came here to represent poor folks who are charged with crimes, to give them adequate, stellar, quality representation, and nobody in my office is able to do that when people get put on a waitlist because we simply don’t have the funds."
-Will Snowden

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The Public defenders in New Orleans are so under funded that they have turned away clients. These public defenders decided to make a wait list for the cases that they cannot take. The list has grown to 142 cases since they stopped accepting felony cases in January.

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Public defenders can only represent you in your criminal case. They cannot help with other administrative matters.

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St. Pete - Clearwater Pinellas Criminal Arrest Lawyer

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Why Choose Us to Help

Marc Pelletier and Tim Sullivan limit their legal practice to representing only those clients charged with DUI and other criminal offenses arising out of Pinellas County, Florida. They are former state prosecutors with a wealth of background and experience in these specific areas of the law. The law firm of Russo, Pelletier & Sullivan has the highest attorney rating by Martindale-Hubble. If you have not done so already, we encourage you to read the following link: What Judges & Lawyers Say About the Quality of our Work

Attorney Marc Pelletier

Pinellas County Criminal & DUI Defense

Attorney Marc Pelletier has considerable skill and in-depth knowledge of the criminal justice system. His experience and expertise is highly regarded by the local legal community.

Marc graduated with honors from both Virginia Commonwealth University and Stetson College of Law. While at Stetson, he was recognized for his superior academic achievement in the areas of Criminal Sentencing Issues, Advanced Criminal Trial Advocacy and Appellate Practice.

He has worked for one of the largest law firms in the Southeast and clerked at the Virginia State Supreme Court. Marc was also employed by a nationally recognized criminal defense firm in Richmond, Virginia.

After being admitted to the Florida Bar, Marc served as a Florida State Prosecutor. In addition to prosecuting violations of the law, Marc was responsible for lecturing police officers on DUI law. He was also an on site advisor to law enforcement agencies concerning the complex legal issues that sometimes arose at DUI checkpoints. As a result of his commitment to the fair administration of justice, he later went on to receive the "Agency Service Award for Outstanding Performance and Service" in the execution of his duties as a State Prosecutor.

Marc's specialized credentials include certification as a breath test operator from the Florida Department of Law Enforcement and certification in the proper administration of field sobriety testing from the National Highway Traffic and Safety Administration. He has also completed Advanced Continuing Legal Education Training in the areas of both DUI and criminal defense. Marc also received intensive continuing legal education at Harvard Law School's National College for DUI Defense.

Attorney Marc Pelletier: Recognized by the Local Legal Community

In 2008, Marc was honored to receive the "Best of St. Petersburg, Attorney" award from the U.S. Local Business Association. The local criminal defense bar recognized Marc's experience and knowledge in the law by electing him to serve as the President of the Pinellas Association of Criminal Defense Lawyers for 2010-2011.

In 2011, the online consumer lawyer rating organization "AVVO" honored Marc with its highest designation of "Superb." The rating organization found that "Marc Pelletier has been widely recognized by the legal community for superb professional conduct and experience."

As a member of the legal team at Russo, Pelletier & Sullivan, Marc's commitment to excellence and quality legal advocacy are an invaluable asset to the law firm. The law office of Russo, Pelletier & Sullivan is "AV" rated by Martindale-Hubbell. This 140 year old company solicits attorney reviews from local lawyers and judges. An "AV" distinction is awarded only to law firms that display the highest level of skill, integrity and ethical standards.

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Attorney Tim Sullivan

Pinellas County Criminal & DUI Defense

Attorney Timothy Sullivan has a wide-range of practical experience in the defense of criminal cases. His background also includes a focus on the specialized and unique training law enforcement relies upon in making a DUI arrest.

Tim attended Lycoming College in Williamsport, Pennsylvania with a degree in Economics. While serving as president of his class, he worked as a paralegal at the area's largest law firm.

After graduating from college with honors, Tim went on to attend Stetson University College of Law. In addition to being recognized on the "Dean's List," Tim was also honored for his astute trial and evidence skills in Trial Advocacy Competitions.

As a law student, Tim gained valuable experience serving as a law clerk for a United States Federal Judge in Tampa. He also completed a clinical internship for the Pinellas County State Attorney's Office.

Subsequent to graduating from law school, Tim was sworn in as a Pinellas County Assistant State Attorney. As a prosecutor, Tim learned street-level DUI enforcement tactics from the inside. He quickly rose through the ranks in the State Attorney's office and was selected to run the North County Traffic court division. Tim was subsequently promoted to "Lead Trial Assistant" and supervised other Assistant State Attorneys in their prosecution of DUI cases.

Tim has invaluable insight into the strategies often employed by both police officers and prosecutors. He completed the same specialized DUI education and training that law enforcement officers attend. Tim became certified to operate the Intoxilyzer 8000. However, his training did not end there. He went on to achieve state inspector certification necessary to review the maintenance and calibration of breath testing machines before they can become legally employed by a police department to gather evidence in DUI cases.

Tim received a scholarship from the University of North Florida to attend the "DUI Drug Recognition Expert Program." There, he studied alongside DUI Squad Officers in the complex area of Drug-Impaired Driver detection.

Tim's focus and concentration in the area of DUI and criminal law did not go unnoticed in the legal community. Tim began training prosecutors at the Pinellas County Criminal Justice Center. Later, Tim was called upon to serve as an Adjunct Professor at Tallahassee Community College. In that capacity, he taught prosecutors from across the State on how to most effectively prosecute cases. Tim Sullivan's intimate knowledge of his adversary's strategies and tactics can translate into valuable insight used for the benefit of his clients in court.

In 2011, Tim completed an intensive continuing legal education program conducted at Harvard Law School. This multi-day program is considered one of the premier criminal defense courses of instruction offered in the United States.

As an attorney at the law firm of Russo, Pelletier & Sullivan, Tim's superior commitment to excellence is considered an invaluable asset to their criminal defense team. The law office of Russo, Pelletier & Sullivan is "AV" rated by Martindale-Hubbell. This 140 year old organization relies on the opinions of local lawyers and judges. An "AV" distinction is awarded only to law firms considered to possess the highest level of skill, integrity and ethical standards.

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Attorney Frank Russo

Founding Partner Emeritus

Attorney Frank Russo founded our law office in 1986. For over thirty-years he defended clients in Pinellas County facing DUI and other criminal charges.

Our Goal

Our goal is to defend each individual client with the utmost expertise and compassion - to win acquittals where possible, and where conviction seems inevitable, to obtain alternative sentences or treatment rather than imprisonment.

Take Advantage of a Free Consultation

You are invited to meet with us for a free consultation to discuss the individual facts and circumstances of your case. We believe that such a meeting will leave you confident in our ability to effectively represent you.
You need the advice of a qualified St. Petersburg / Clearwater criminal defense attorney.
Call our office for a free consultation at (727) 578-0303 .

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Best Attorneys - St. Pete - Clearwater Pinellas Criminal Arrest Lawyer

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Marc Pelletier and Tim Sullivan limit their legal practice to representing only those clients charged with DUI and other criminal offenses arising out of Pinellas County, Florida. They are former state prosecutors with a wealth of background and experience in these specific areas of the law.

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I think that it is fair that everyone is given a opportunity to have counsel in their criminal cases but the lawyers appointed to them are not funded enough to provide adequate counsel for their clients.

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Case that is responsible for the courts to provide free legal counsel to those who can't afford it.

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Public defenders often times have a massive amounts of cases and aren't able to provide an adequate defense for their clients.