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STATE EX REL. MISSOURI PUBLIC DEFENDER COMM'N. v. PRATTE

Nos. SC 89882, SC 90195.

298 S.W.3d 870 (2009)

STATE ex rel. MISSOURI PUBLIC DEFENDER COMMISSION, J. Marty Robinson, and Wayne Williams, Relators, v. The Honorable Kenneth W. PRATTE, Respondent. State ex rel. Missouri Public Defender Commission, J. Marty Robinson, and Kevin O'Brien, Relators, v. The Honorable Gene Hamilton and The Honorable Gary Oxenhandler, Respondents.

Supreme Court of Missouri, En Banc.

December 8, 2009.

Attorney(s) appearing for the Case

Daniel J. Gralike, Office of the Public Defender, Columbia, MO, for relators in no. SC 89882.

Wendy W. Horn, Patrick L. King, St. Francois County Prosecuting Attorney's Office, Farmington, MO, for respondents in no. SC 89882.

Antwaun L. Smith, Shook Hardy & Bacon, L.L.P., Kansas City, MO, J. Gregory Mermelstein, Office of the Public Defender, Columbia, MO, for relators in no. SC 90195.

Stephanie Morrell, Assistant Prosecutor, Boone County Prosecutors's Office, Columbia, MO, for respondents in no. SC 90195.

MICHAEL A. WOLFF, Judge.

Introduction

These writ proceedings raise the question of the role of the courts, the public defender commission and the legal profession in fulfilling Missouri's constitutional obligation to provide attorneys to represent indigent defendants facing incarceration for their alleged crimes.

There is an apocryphal story in legal circles that a well-known prosecutor some years ago voiced his support for the state to provide attorneys...

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