Missouri Code of State Regulations › Title 18 - PUBLIC DEFENDER COMMISSION › Division 10 - Office of State Public Defender › Chapter 4 - Payment of Private Counsel Litigation Costs › Section 18 CSR 10-4.010 - Payment of Private Counsel Litigation Costs

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides a process for appointed, pro
		  bono, and privately retained defense counsel representing indigent defendants
		  in eligible criminal cases to request coverage of reasonable litigation
		  expenses from the Office of the State Public Defender.
PUBLISHER'S NOTE: The secretary of state has determined that
		  the publication of the entire text of the material which is incorporated by
		  reference as a portion of this rule would be unduly cumbersome or expensive.
		  This material as incorporated by reference in this rule shall be maintained by
		  the agency at its headquarters and shall be made available to the public for
		  inspection and copying at no more than the actual cost of reproduction. This
		  note applies only to the reference material. The entire text of the rule is
		  printed here.
(1) Definitions.
(A) Appointed counsel, for purposes of this
		rule, refers to attorneys who are neither in the employ of the Office of the
		State Public Defender nor contracted by the state public defender, who were
		appointed to an eligible criminal case in question by the court due to the
		unavailability of the public defender.
(B) Eligible criminal case means any case in
		which, but for private counsel's representation, an indigent defendant would be
		entitled to public defender services as set forth in section 600.042.3-4, RSMo
		Supp. 2014.
(C) Indigent defendant
		means a person who meets the indigence standards for public defender
		representation as set forth in section 600.086.1-3, RSMo Supp. 2014 and 18 CSR
		10-3.010.
(D) Litigation expenses
		include, but are not limited to, the costs of investigation, depositions,
		expert witnesses and consultants, forensic tests or examinations, records,
		transcripts, et cetera, which are reasonably necessary for the presentation of
		a defense on behalf of, or testing of the state's case against, the indigent
		defendant. Attorney's fees and costs associated with support staff or office
		overhead do not constitute litigation expenses.
(E) Pro bono counsel, for purposes of this
		rule, refers to attorneys who are neither in the employ of the Office of the
		State Public Defender nor contracted by the state public defender, but agreed
		to provide defense representation for an indigent defendant in an eligible
		criminal case without pay.
(F)
		Privately retained defense counsel, for purposes of this rule, refers to
		attorneys who are neither in the employ of the Office of the State Public
		Defender nor contracted by the state public defender, who were hired by or on
		behalf of the defendant to provide defense representation in the case in
		question in return for an agreed upon fee.
(G) State public defender, for purposes of
		this rule, shall encompass both the director of the Office of the State Public
		Defender and his/her designee(s) to whom the responsibility and duties
		described herein have been assigned.