Interstate 70
EXIT 126
School of Law
Turner Av
enue
E. Rollins
Missouri Avenue
Conley Av
enue
Maryland Avenue
Providence Rd.
Downtown Columbia
Providence Rd.
University of Missouri
Hulston Hall
Road
Broke and
Broken:
Directions to John K. Hulston Hall
E. Rollins
Cost and Registration
Road
Missouri Avenue
Maryland Avenue
Providence Rd.
From Interstate 70
Exit at Providence Road and turn south
Left onto Rollins Road after 1.75 miles
Left onto Maryland Ave
Left onto Turner Ave
Next right to Turner Avenue Garage
Visitor parking Levels 3, 6 and 7.
Conley Av
From the garage
enue
2 blocks east to John K. Hulston Hall,
Hulston Hall
Turner Av
corner of Missouri
and Conley
Avenues
enue
Can We Fix Our State
Indigent Defense Systems?
There is no fee for the symposium.
The panels are open to the public,
but registration is requested by
Friday, February 19, 2010.
To register, please contact:
Missouri Law Review
University of Missouri School of Law
15 Hulston Hall
Columbia, MO 65211
mulawsymposium@missouri.edu
www.law.missouri.edu/lawreview
Continuing Legal Education Credit
This symposium is approved for 8.1 hours of mandatory
continuing legal education credit in the state of Missouri.
Domestic subscriptions are available for $40;
international subscriptions are $45.
To view recent issues or request a subscription, please see
www.law.missouri.edu/lawreview or call 573-882-7055.
School of Law
University of Missouri School of Law students lead many
successful organizations and law journals, including the
Missouri Law Review. An entirely student-run journal,
this is one of the oldest legal publications west of the
Mississippi. The articles featured in this year’s symposium
will appear in volume 75 in fall 2010 and will also be
posted on the Missouri Law Review Web site.
University of Missouri
John K. Hulston Hall
Columbia, MO 65211
About the Missouri Law Review
2010 Missouri Law Review Symposium
February 26, 2010
2010 Missouri Law Review Symposium
EARL F. NELSON
LECTURE
10:15 a.m.
Room 7
John K. Hulston Hall
Broke and Broken:
Can We Fix Our State Indigent Defense Systems?
The welcome and all panel events are being held in the Courtroom of
John K. Hulston Hall.
Welcome
Symposium Moderator
Rodney J. Uphoff
University of Missouri School of Law
8:15 a.m.
Dean Larry Dessem of the University of Missouri School of Law
PANEL I
Presenters
8:30 a.m.
Commentator
Boots on the Ground: The Ethical and Professional
Battles of Public Defenders
Stephen B. Bright
President & Senior Counsel
Southern Center for Human Rights
Across the country, systems for
providing legal services to indigent criminal
defendants are facing crises on a number
of fronts. Stagnant or declining state
appropriations are leading to oppressive
caseloads for public defenders. These
caseloads, coupled with low salaries and
difficult working conditions, are driving public
defenders out of their positions into more
lucrative and less stressful areas of practice.
Indigent criminal defendants bear the true
costs of these crises when they are represented
by exhausted public defenders who are
unable to adequately serve their clients.
While these challenges are well known,
seldom have academics and practitioners
gathered to discuss affordable yet
effective solutions to the problems. This
symposium will explore the causes of the
crises facing public defenders, discuss
potential solutions and consider the impact
of legal and ethical considerations on
overburdened indigent defense systems.
A discussion on a public defender’s ethical and professional duties to his or her
clients in light of extremely demanding caseloads. The panel will consider a
number of related questions, such as: Can a public defender with an impossible
workload refuse to accept additional cases in order to avoid committing
malpractice? Should public defenders be held to the same professional standard
of care as privately employed attorneys? What are the ethical responsibilities of
supervising lawyers and public defender administrators who recognize that their
lawyers cannot provide quality representation in the face of crushing caseloads?
Earl f. nelson lecture
PANEL II
Phyllis E. Mann
National Legal
Aid & Defender
Association
Stephen F. Hanlon, ’66
Holland & Knight,
LLP
Peter A. Joy
Washington
University in
St. Louis
School of Law
Norman Lefstein
Indiana University
School of Law Indianapolis
Adele Bernhard
Pace Law School
Sean D. O’Brien
University of
MissouriKansas City School
of Law
Cat Kelly
Missouri State
Public Defender
10:15 a.m.
1 p.m.
Presenters
Anatomy of a Public Defender System
A discussion of the organization and administration of a public defender system.
While states have experimented with various configurations, some have
produced more successful outcomes than others. Individuals holding leadership
positions in public defender systems and state legislators must consider how to
organize the system and deliver services as cost-effectively as possible. In doing
so, several questions arise: Should reforms focus more on reducing caseloads or
increasing pay? Should systems focus on long-term attorney retention or shift
toward a limited term model as is currently employed for judicial clerkships?
Should management of a state public defender system lie in the state executive
branch or an independent commission? What is the best model for delivering
indigent defense services in a world of limited resources?
PANEL III
3:15 p.m.
Ronald F. Wright
Wake Forest
University
School of Law
Commentator
Richard Rosen
University of North Carolina School of Law
Presenters
Patching the System: The Next Steps in Reform
A discussion of the process for moving forward in implementing changes to the
indigent defense system. While legislatures are responsible for appropriating
government dollars, much debate has centered on what judges can or should do
when the legislature refuses or is unable to act. Important legal questions arise
in this context: Can state or federal courts order a state legislature to adequately
fund public defender systems? Can private attorneys be compelled to take on
cases by order of a court? How do we resolve conflicts when prosecutorial
decisions made by the executive branch in certain high profile criminal cases
interfere with legislative decisions regarding allocation of state funding or the
judicial branch’s ability to ensure justice in hundreds of other cases?
Wayne A. Logan
Florida State
University College
of Law
Darryl K. Brown
University of
Virginia
School of Law
Robert P. Mosteller Randolph N. Stone
The University of
University of
Chicago
North Carolina
Law School
School of Law
Commentator
Barbara E. Bergman
University of New Mexico School of Law