Why this page?
I frequently do get questions about public defender “fees” for a reasons:
- First, many/most clients don’t have a clear understanding of public defenders;
- Second, the public defender application you filled out (both the paper version most use and the online application) include the following: “I understand… I will owe a fee as set out [in the listed chart – (same fees as here)]” and an “ACKNOWLEDGMENT AND PROMISE TO PAY.”
I’ve drafted this post because of those questions. And more specifically, I’ve created it because I know that paying bills, costs, fines, and fees, like the assesses public defender fees, and doing so with limited or no income, requires choices. I can’t make the decision for my clients, but my clients to have this “Important Factors” (below) regarding payment of the fee to do so wisely.
Please do not conclude that I’m suggesting you not pay the assessed public defender fee if you are able. I just want you to have information to make the choice if your money is limited.
Important Info About Public Defenders
I am a Missouri State Public Defender.
Although I represent individual clients who are facing criminal charges by the State of Missouri, I am a State employee and paid by the State (MSPD). Although some clients may be troubled by this, it is not a “conflict of interest.”
- The State does not tell me how to represent my clients.
- The State does not pay me more or less on any factors like:
- the outcome of cases like yours,
- whether I work 1 hour or 10 hours on any particular case.
- whether I have few or many clients.
- if you accept a quick plea offer or if you go all the way to a jury trial.
- In fact, the State does not pay me for representing any particular client or — I am salaried (making the same every month). I don’t get more or less if I have many or few clients.
And although I am paid by State from taxes paid by people like you, as one Missouri State Public Defender (MSPD) website notes that Missouri law does require that the Missouri State Public Defender system charge a fee for services. It is a fee based on the type/level of the case (e.g., misdemeanor, felony, probation violation, etc.) and ranges from $25 to $1,500 (death penalty murder case). Most of my cases have a fee between $125 – $375 (click here for the fee schedule).
The fee goes back to the State of Missouri (who pays my flat salary).
- I do not see a penny of any public defender fee that my clients pay the State.
- I am never told if a client pays the fee or not.
- Whether you pay or not does not impact my professional obligations as a lawyer who represents clients like you.
- I do not play any role setting the fees, collecting the fees, or payment of the fees my clients are charged.
Important Factors Regarding Payment of Fee
I can, however, provide you important factors you should know about this public defender fee compared to the other money you may have to pay as a result of being charged with a crime (e.g., fines, court costs, jail costs, etc.) as well as other money you may be obligated to pay unrelated to your case (e.g., rent, food, child support, car payments, insurance, etc.):
- Not paying rent might make you (and your family) homeless.
- Not paying child support might subject you to being charged with a new crime of “non-support.”
- Not paying car insurance or getting your license plate renewed might result in new criminal charges.
- Not paying some costs related to the charges you face will have greater consequence than not paying other fees and costs — for example, not paying court costs or fines, etc., will result in the State/county hiring a debt collector.
In contrast, as one MSPD website notes, “[y]ou are expected to make voluntary payments by a single payment or by installments of reasonable amounts, when you are financially able to meet all or some part of the costs of services provided by the Public Defender” (emphasis added). Under current policy, no paying Public Defender fees (or fully paying the fees) will not be referred to a debt collector. That same website does note that “[y]our income tax refunds and lottery winnings can be intercepted by the State of Missouri to pay for public defender fees.”
Again, I am not suggesting that you not pay the assessed public defender fee if you are able. I simply know that paying bills, costs, fines, and fees, with limited or no income requires choices. You should use this information above to make just such a choice.
Finally, you can find info on how pay the assessed fee here (by mail or online).
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