A judge has sided with Governor Jay Nixon in a budget dispute with the director of the state’s Public Defender’s Office.

Director Michael Barrett went so far as to assign the governor to defend an assault case in Cole County. Barret had argued he has the statutory authority to “appoint any member in good standing with the Missouri Bar.” A Cole County Judge disagreed.

Gov. Nixon’s issued the following statement regarding the order issued Thursday in Cole County affirming that the Public Defender has no authority to appoint private counsel:

“Three years ago, we passed common-sense legislation to assist the Public Defender in managing caseloads and established a specific legal process by which the circuit court, and only the circuit court, can appoint private attorneys to provide representation to indigent criminal defendants. This bipartisan legislation had broad support, including from the Public Defender Commission and the then-executive director of the Office of Public Defender. The current executive director has ignored this law, instead engaging in publicity stunts that waste taxpayer resources and distract from their important work.

“I have always supported indigent criminal defendants having proper legal representation. During my tenure, the Office of Public Defender has seen a 15 percent increase in funding and a nearly five percent increase in staff, even while other state agencies have had to tighten their belts and full-time state employment has been reduced by nearly 5,100. As with any agency – especially an agency that has had an increase in funding and personnel – the Office of Public Defender should strive to improve the efficiency of its operations before asking the taxpayers for more money, including taking action to recover the more than $70 million in uncollected legal fees identified in the most recent state audit of the agency by the Missouri State Auditor.”

“From the outset, it was clear that the executive director of the Office of Public Defender did not have the legal authority to appoint private counsel. It is my hope that following today’s order denying this patently unlawful action, the Office of Public Defender will now return its attention to the job it has to do, and the resources already available with which to do it.”