Lawyer News
Today's Date: U.S. Attorney News Feed
Court: State, governor can't be sued over public defenders
Class Action News | 2019/01/12 23:01
Missouri and its governor cannot be sued over the state’s underfunded and understaffed public defender system, a federal appeals court has ruled.

A three-judge panel of the 8th U.S. Circuit Court of Appeals on Thursday said the legal doctrine of sovereign immunity means the state can’t commit a legal wrong and cannot be sued unless the legislature makes exceptions in state law, KCUR reported.

American Civil Liberties Union-Missouri filed the class action lawsuit in 2017. The organization argued the governor and state have ignored their constitutional obligation to provide meaningful legal representation to indigent clients by not providing enough funds to address chronic underfunding and understaffing in the public defender system. ACLU-Missouri argues in the lawsuit that Mississippi is the only state to allocate less than the $355 per case that Missouri spends for its indigent defense budget.

The lawsuit will continue against the head of the public defender system, Michael Barrett, and the public defender commission.

The decision, written by Judge Duane Benton, does not address the merits of the lawsuit. But the ruling means the legislature can’t be forced to appropriate more money to the system.

“It would be easier if the state itself were a defendant,” said Tony Rothert, legal director of ACLU-Missouri.

Rothert said if the ACLU prevails against the other defendants, the court could order the state to reduce public defenders’ caseloads, or prosecutors could use their discretion to not bring charges for certain crimes. Or defendants who aren’t considered dangerous could be released on bail and put on a waiting list for public defenders rather than staying in jail while awaiting trial.




[PREV] [1] ..[17][18][19][20][21][22][23][24][25].. [6981] [NEXT]
   Lawyer News Menu
All
Lawyer Blog News
Court Feed News
Business Law Info
Class Action News
Criminal Law Updates
Employment Law
U.S. Legal News
Legal Career News
Headline News
Law & Politics
Attorney Blogs
Lawyer News
Law Firm Press
Law Firm News
Attorneys News
Legal World News
2008 Metrolink Crash
   Lawyer News Video
   Recent Lawyer News Updates
Opera singer, husband appear..
Court case to tackle jails' ..
Spain's courts put to test b..
Court upholds order to unsea..
Hearing set on end to decade..
Liberals eye 2020 takeover o..
Supreme Court blocks Louisia..
High court upholds texting s..
Man accused of kidnapping Wi..
Appellate judge announces ru..
Ginsburg makes 1st public ap..
Court: Illinois mom can sue ..
Appeals court reopens case i..
Japan court upholds steriliz..
Freed by court, Pakistani Ch..
Lawyer: Incapacitated woman ..
No-cost birth control, now t..
Court: No new offshore drill..
US presses ahead with border..
Supreme Court will hear Wisc..
   Lawyer & Law Firm Links
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Santa Ana Workers' Compensation Lawyers
www.gentryashtonlaw.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
Midtown Manhattan, New York Real Estate Law Firm
www.woodslaw.com
New Rochelle Accidents Attorneys
New Rochelle Personal Injury
www.kboattorneys.com
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
© Lawyer News - Law Firm News & Press Releases. All rights reserved.

Attorney News- Find the latest lawyer and law firm news and information. We provide information that surround the activities and careers in the legal industry. We promote legal services, law firms, attorneys as well as news in the legal industry. Review tips and up to date legal news. With up to date legal articles leading the way as a top resource for attorneys and legal practitioners. | Affordable Law Firm Web Design by Law Promo