McFADDEN v. KELLY

No. WD 38122.

722 S.W.2d 110 (1986)

Howard McFADDEN, Public Defender, et al., Appellants, v. Margaret KELLY, as State Auditor, Respondent.

Missouri Court of Appeals, Western District.

December 23, 1986.


Attorney(s) appearing for the Case

Dale C. Doerhoff, Cook, Vetter & Doerhoff, Jefferson City, for appellants.

William L. Webster, Atty. Gen., B.J. Jones, Asst. Atty. Gen., Jefferson City, for respondent.

Before PRITCHARD, P.J., and KENNEDY and LOWENSTEIN, JJ.


LOWENSTEIN, Judge.

The ultimate issue in the appeal is whether the Missouri Auditor, pursuant to an audit of the Public Defender Commission, may subpoena from the Defender affidavits executed by or on behalf of individual defendants which are used by the Defender for determining indigency. The Public Defender Commission and the System, (Public Defender's) is funded by the state, and generally speaking, is a mechanism to provide defense services for those who cannot...

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