Missouri Court of Appeals, Western District / Oct 6, 2020
In Re: Area 5 Public Defender Office vs. The Honorable Daniel F. Kellogg, Presiding Judge of the Circuit Court of Buchanan County, Missouri
The Area 5 Public Defender Office appealed the circuit court's denial of its request for relief from excessive caseloads for individual attorneys in criminal nonsupport cases. The circuit court had concluded that section 600.063.1 prohibited seeking relief for all attorneys in an office. The appellate court reversed, holding that the statute permits a district defender to seek relief for any number of individual public defenders, including all, provided the request focuses on individual caseloads. The case was remanded for the circuit court to make factual findings regarding the individual attorneys' caseload claims.