If you apply for a public defender and are denied, that is not the end of the road.

The decision to deny services is made the Missouri State Public Defender (MSPD); and Courts can and frequently do reject MSPD’s denial and will “order” that a public defender represent a defendant.

• Perhaps you were denied because they believe you make too much money or maybe you did not list the correct number of dependents or perhaps there was error on your form.

But to get the judge “order” that a public defender must represent a criminal defendant who was denied, you must “appeal” MSPD’s decision.

> Informal Appeal

Most people will go to their next court hearing (again, without an attorney and facing serious charges) and will tell the judge “I just can’t pay for an attorney… I just don’t have the money.”

Judges often take such a statement as an “appeal” and may ask defendant’s questions to see if perhaps MSPD’s decision would be different at that moment. The Judge may ask questions like “how many kids to you care for?” and “are you working less hours now than when you applied” (maybe the defendant is landscaper who applied during the summer but in December has much less income) or “are you now a one (vs. a two-income home)?”

• NOTE: You can’t answer these questions and “appeal” MSPD’s denial if you avoid court — avoiding court will only lead to a warrant, a higher bond, an unhappy Judge.
• It is far better to go to court on your court date(s) and appeal the denial, explaining you simply can’t pay for an attorney.

>Formal Written Appeal

Because people asking for a public defender need a lawyer is not likely they know how to prepare and submit a written appeal to a Court.

After a probation officer asked if a form existed, I researched and found the following which would certainly do the job of alerting the Court officially that you appeal the denial.

Here is the form:

If you can go to the court and “file” this before your next court date they clerk can file it giving the Judge notice of your appeal. If not before the court date just bring it to court so then when they call your case you can bring it up and give it to the court.

Finally, if you appeal and judge denies it, you can appeal again if your financial situation changes (loss of job, illness, new dependent, etc.)