Attorney Russ Schenewerk - Interview on the Missouri Bar’s failing Public Defender System
Russ Schenewerk : I take anywhere from 4 to 6 pro bono referrals from the public defender’s office (in an attempt to lighten their load a lttle) and advise and/or represent anywhere from 20 to 40 indigent and/or disabled clients annually in the Branson area
Are there any other attorneys who are on the same page with you in regards to sharing the caseloads of those unable to afford a proper defense?
Russ Schenewerk : I honestly don’t know. I’m sure there are some around, but to be honest it is a topic that we as attorneys need to discuss more. I once heard a St. Louis judge quip that he has “twenty years of accounts receivables” that should constitute as pro bono. We try to screen the cases in order to help people whose backs are truly up against the wall with no money and no alternatives.
Russ Schenewerk: Knowledge of the law is a powerful thing. Many low-income citizens in the Tri-Lakes area are just hungry for information regarding their legal rights. I take hundreds of phone calls where someone’s question can be answered in a matter of minutes, and often they are relieved after we’ve spoken.
Whats the solution?
Russ Schenewerk: Every Missouri attorney who is qualified should commit to taking at least three misdemeanor or traffic cases from the Public Defender’s case docket each year, and no attorney should turn away any client on the basis of money alone, even if all they can do is offer the prospective client a brief recitation of their legal rights.
Can sharing the caseloads be quantified so there is a reachable tangible goal?
Russ Schenewerk: Well, first of all, on the criminal side, the Public Defender’s Office is overwhelmed. To say that they need more help is an understatement. The staff that they have now does miracles with what they have, but I cannot imagine the stress that the attorneys are under. I think that’s the first step. In civil matters, if every Missouri attorney would help more of the indigent and disabled clients in civil matters, it would not only help the clients, but speed up the disposition ofthe cases for the courts. Far and away the greatest number of indigent and/or disabled clients I represent are those who are being evicted or sued by overreaching creditors.
What can judges and prosecutors do to avoid “legal traffic jams”?
Russ Schenewerk: I think the local judges do well moving the cases along expeditiously. It’s also hard to blame the prosecutors. The judges will pretty much allow most clients time to consult with an attorney. While that may have the practical effect of slowing down the disposition of the cases, it’s also crucial for administration of justice. I would also have to laud the local prosecutors, because they have recognized that drug dependency issues are at the very core of many of the local criminal charges. As a result, the county prosecutors will sometimes agree to divert a defendant into drug treatment on lesser crimes instead of automatically recommending jail time.
Russ Schenewerk & Associates, LLC
500 West Main Street, Suite 302-B
P.O. Box 123
Branson, MO, 65615-0123
(417)334-7922
(417)334-7923[Fax]
ozarkattorney@yahoo.com
Posted: December 24th, 2007 under Missouri Judicial.
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