Law Firm PR News
Today's Legal News Bookmark Web Site
Court: State, governor can't be sued over public defenders
Attorney News | 2019/01/12 23:19

Missouri and its governor cannot be sued over the state’s underfunded and understaffed public defender system, a federal appeals court has ruled.

A three-judge panel of the 8th U.S. Circuit Court of Appeals on Thursday said the legal doctrine of sovereign immunity means the state can’t commit a legal wrong and cannot be sued unless the legislature makes exceptions in state law, KCUR reported.

American Civil Liberties Union-Missouri filed the class action lawsuit in 2017. The organization argued the governor and state have ignored their constitutional obligation to provide meaningful legal representation to indigent clients by not providing enough funds to address chronic underfunding and understaffing in the public defender system. ACLU-Missouri argues in the lawsuit that Mississippi is the only state to allocate less than the $355 per case that Missouri spends for its indigent defense budget.

The lawsuit will continue against the head of the public defender system, Michael Barrett, and the public defender commission.

The decision, written by Judge Duane Benton, does not address the merits of the lawsuit. But the ruling means the legislature can’t be forced to appropriate more money to the system.

“It would be easier if the state itself were a defendant,” said Tony Rothert, legal director of ACLU-Missouri.

Rothert said if the ACLU prevails against the other defendants, the court could order the state to reduce public defenders’ caseloads, or prosecutors could use their discretion to not bring charges for certain crimes. Or defendants who aren’t considered dangerous could be released on bail and put on a waiting list for public defenders rather than staying in jail while awaiting trial.


[PREV] [1][2][3][4][5][6].. [1894] [NEXT]
   Law Firm PR News Menu
All
Legal Focuses
Legal PR
Attorney News
Court Line
Court Watch
Legal News
Law Firm Topics
   Law Firm & Attorney Directory
Law Firm PR News provides the most current career information of legal professionals and is the top source for law firms and attorneys.
   Recent Entries
Supreme Court will hear Wisc..
Court: State, governor can't..
Russian court says bobsledde..
California fight on Trump bi..
Court orders mediation in Ma..
Appeals court sides with Tru..
New justice to be sworn in o..
Missouri death row inmate as..
The Latest: Shutdown affects..
Prominent Chinese rights law..
Mississippi chief justice: T..
Cancer the latest health woe..
Supreme Court rejects Trump ..
Supreme Court rejects Trump ..
Fight over report on Wynn al..
   Lawyer & Law Firm Directory
Canton Criminal Lawyer
Canton DUI lawyer
www.cantoncriminalattorney.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Chicago Work Accident Lawyer
Chicago Workplace Injury Attorneys
www.krol-law.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Bankruptcy Attorney Eugene
Eugene Bankruptcy Attorney
www.willamettevalleybankruptcy.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Santa Ana Workers' Compensation Lawyers
www.gentryashtonlaw.com
Midtown Manhattan, New York Real Estate Law Firm
www.woodslaw.com
Houston Car Accident Attorneys
Wrongful Death Attorneys Houston
Houston Wrongful Death
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
 
© Marking Agency For Law FirmsLaw Firm News Media. All rights reserved.

The content contained on the web site has been prepared by Law Firm News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Small Law firm website design by Law Promo.