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eBook details

• Title: State Missouri v. John Charles Green
• Author : Supreme Court of Missouri En Banc
• Release Date : January 13, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

These cases involve the question whether counsel appointed to represent defendant indigents charged with crime are entitled to receive compensation for services and reimbursement for out of pocket expenses. In the Green case the charge was felonious escape and in the Coleman case the charge was first degree murder. In each instance the applications for fees and reimbursement were allowed by the trial court, the court in the Green case directing that the sums be taxed as costs against the State and said sums be allowed and approved by the state auditor and treasurer and in the Coleman case that they be taxed as costs and be paid by the State of Missouri. In both cases the State moved to amend the order and re-tax the costs, which motions were overruled, and in each instance the State has appealed. In 1963, in Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, the United States Supreme Court held that the United States Constitution requires the State of Missouri, and other States, to furnish counsel to an indigent accused of crime. This means, in practical effect, that an indigent accused of crime cannot be prosecuted, convicted, and incarcerated in Missouri unless he is furnished counsel. The lawyers of Missouri, as officers of the Court, have fulfilled this State obligation, without compensation, since we attained statehood, although other persons essential to the administration of criminal Justice (e.g. prosecuting attorneys, assistants to the Attorney General, psychiatrists, et al.) have not been asked to furnish services gratuitously. The question is whether the legal profession must continue to bear this burden alone. The question is one for the judicial department (Art. II, 1, Const. of Mo.) and must be decided by this Court (Art. V, 1, Const. of Mo.; In re Richards, 333 Mo. 907, 63 S.W.2d 672). We consider the following language from State v. Rush, 46 N.J. 399, 217 A.2d 441, 448 (1966), appropriate:

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