Missouri Code of State Regulations Title 18 - PUBLIC DEFENDER COMMISSION
Here’s an overview of Missouri’s Code of State Regulations, Title 18 – Public Defender Commission, specifically Division 10: Office of State Public Defender, which contains Chapters 1–6 (sos.mo.gov):
📘 Chapters in Division 10
| Chapter | Title | Summary |
|---|---|---|
| 1 | Organization of Agency | Rules on the structure, powers, and duties of the Public Defender Commission and Office of State Public Defender (sos.mo.gov). |
| 2 | Definition of Eligible Cases | Specifies which cases qualify for indigent defense . |
| 3 | Guidelines for Determination of Indigence | Establishes financial eligibility criteria, including income, assets & dependents . |
| 4 | Payment of Private Counsel Litigation Costs | Governs reimbursement procedures when private attorneys are appointed . |
| 5 | Public Defender Fees for Services | Sets rates and policies for compensation of public defenders . |
| 6 | Outside Practice of Law by Public Defenders | Limits and outlines additional legal practice rules for defenders. |
Chapter 2 Highlights – Eligible Cases (18 CSR 10‑2.010)
Under 18 CSR 10‑2.010, the State Public Defender System must provide representation in these situations (law.cornell.edu):
Felony charges or detainment, including appeals.
Misdemeanors likely to result in jail time, including appeals.
Probation or parole violation hearings.
Civil commitment for sexually violent predators (per §632.489, RSMo), including appeals.
Any case where state or federal constitutions require counsel, including loss of liberty.
Situations involving loss of liberty under Missouri law, excluding municipal/county ordinance violations.
🔍 It also clarifies that “hybrid”, “standby”, or “advisory” counsel (in self-representation scenarios) are not provided by employees of the office, and the system doesn’t represent those in liberty-loss civil commitment under §632.415, RSMo (law.cornell.edu, en.wikipedia.org).
Chapter 3 Highlights – Indigence Guidelines (18 CSR 10‑3.010)
The rule defines indigence via several criteria (justanswer.com):
Financial status: Income, assets (bank accounts, equity), debts, and number of dependents are weighed.
Income threshold: Generally aligned with the Federal Poverty Guidelines.
Support contributions: Those capable of paying some portion may be required to contribute or reimburse as ability improves.
Formal application: An application form must be completed, and eligibility can be reviewed by the court.
How to Access the Full Text
You can view the full regulation text directly on the Missouri Secretary of State’s website under Title 18 CSR Division 10, which is regularly updated and published monthly (justanswer.com, sos.mo.gov).
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