Title 18 — Public Defender Commission
Division 10 — Office of State Public Defender
Chapter 3 — Guidelines for the Determination of Indigence
Proposed Amendment
18 CSR 10-3.010 Guidelines for the Determination of Indigence. The Missouri Public Defender Commission / Office of State Public Defender is amending 18 CSR 10-3.010 as follows: Current Paragraphs (2), (2)(A) and (2)(B) are amended to define public assistance and income; new Paragraph (3)(A) is added to establish standards for bond in determining indigence; new Paragraph (4)(A) is added to establish standards for applicants with private counsel on another case; current Paragraph (3) is renumbered Paragraph (5); current Paragraph (3)(A) is renumbered Paragraph (5)(A) and amended to establish indigence at 150% of federal poverty guideline; current Paragraph (3)(B)(1), Debts and Expenses, is deleted (rescinded); current Paragraph (3)(B)(2) is renumbered Paragraph 5(B)(1) and amended to modify standards for spousal income; current Paragraph (3)(B)(3) is renumbered Paragraph (5)(B)(2) and amended to modify standards for parental income; current Paragraph (3)(B)(4), Assets, is deleted (rescinded); current Paragraph (4) is renumbered Paragraph (6); current Paragraph (4)(A) is renumbered Paragraph (6)(A) and amended to remove duplicative statutory language already contained in Sec. 600.090 RSMo; new Paragraph (6)(B) is added to establish that persons who have received services within prior 12 months are presumed indigent, absent change of circumstances; current Paragraph (4)(B) is renumbered Paragraph (6)(C).
Purpose: This amendment aligns the indigence guidelines with the coinciding statutes and provides for an efficient and consistent determination process to ensure only eligible applicants receive Missouri State Public Defender services.
(2) Public Assistance
(A) Applicants receiving public assistance are eligible for defense services provided by Missouri State Public Defender. Food stamps, WIC, TANF, Medicaid, Public Housing payments, Childcare Assistance, Supplemental Security Income and similar benefits are considered public assistance.
(B) If an applicant is receiving disability payments, pension, unemployment compensation, Veteran’s Benefits, or Social Security Retirement or Disability benefits, this is considered income and the amount of the payment must be considered.
(3) Ability to Make Bond.
(A) The ability of an applicant to make a cash bond shall be considered on the question of indigence. Any amount of cash bond posted directly to the court shall be considered as a means available to the applicant to obtain counsel, and compared directly to the probable expense and burden of defending the pending case. The ability of an applicant to make a surety bond in excess of $49,999 should be considered on the question of whether the applicant has the means at his/her disposal or available to him/her to obtain counsel in his/her behalf.
(4) Ability to Hire Private Counsel on a Pending Case
(A) The ability of an applicant to hire private counsel on one case should be considered as evidence that the applicant has means available to obtain counsel on the subsequent case in which the applicant seeks services, unless the assumed cost of private counsel on the case(s) without representation greatly exceeds that of the case(s) with representation.
(5) Maximum Qualifying Income Scale.
(A) A defendant may be considered indigent if his/her gross pay and other sources of income do not exceed 150% of the federal poverty guideline as issued in the Federal Register by the U.S. Department of Health and Human Services.
(B) When making the financial determination, the following factors should be taken into consideration:
1. Spouse’s Income — If the applicant is married and not separated from his/her spouse, the spouse’s financial status shall be considered unless the spouse is the alleged victim.
2. Parent’s Income — The income of a parent who is financially responsible for a child under eighteen (18) years of age must be considered, unless the parent is an alleged victim, or an alleged victim is a member of the family of the child or the family of the parent. Eligibility is not forfeited when the person financially responsible for the child is able to hire counsel but does not do so if the child does not have the means at his/her disposal to hire counsel. Children under 18 years of age without the means at their disposal to hire counsel are presumed to be indigent when in the legal custody of Missouri Department of Social Services/Children’s Division, or when the child is detained and the parent or custodian cannot be located or does not comply with the application process.
(6) Discretionary Aspects of Determining Indigence.
(A) The previously mentioned financial criteria are to be applied in all cases and considered with the probable expense and burden of defending the case.
(B) An applicant who is currently receiving services from the public defender, or who has received those services within the last 12 months shall be presumed indigent and eligible for services unless the applicant’s application indicates a change in circumstances which would make the applicant not indigent.
(C) An individual requesting public defender service shall complete and sign an Application for Public Defender Services.
Authority: sections 600.017(10), 600.086 and 600.090, RSMo 2016. * Original rule filed Nov. 12, 1985, effective Feb. 13, 1986. Amended: Filed Feb. 14, 2002, effective Aug. 30, 2002. Amended: Filed July 24, 2006, effective Jan. 30, 2007; Amended: Filed December 29, 2021.
*Original authority: 600.017, RSMo 1982; 600.086, RSMo 1976, amended 1982, 1993 and 600.090, RSMo 1976, amended 1982, 1986; 600.017(10), 600.086 and 600.090 RSMo 2000.
Public Cost: This proposed amendment will not cost the Missouri Public Defender Commission / Office of State Public Defender, any other agency of state government, or any political subdivision thereof, more than five hundred dollars ($500) in the aggregate.
Private Cost: This proposed amendment will not have any cost for private entities.
Notice to Submit Comments: Anyone may file a statement in support of or in opposition to this proposed amendment with the Missouri Public Defender Commission / Office of State Public Defender, Woodrail Centre, 1000 W. Nifong, Bldg. 7, Ste. 100, Columbia, MO 65203. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
Reader’s Note: Per Sec. 536.016.3(1) RSMo., this is the text of the proposed amended rule “as filed with the secretary of state.” The Secretary of State’s Office made nonsubstantive grammatical changes to the proposed amended rule. Those changes are reflected in the rule published in the Missouri Register. A link to the proposed rule, as published, is below.
Link to Missouri Register with Final Order of Rulemaking (June 1, 2022)
Link to Secretary of State Table of Contents with Final Order of Rulemaking (June 1, 2022)