Missouri Revised Statutes

Mo. Rev. Stat. § 600.040 (2026)

Office space and utilities services, how provided

✓ current as of May 2026

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600.040. Office space and utilities services, how provided — retirement system membership. — 1. The city or county shall provide office space and utility services, other than telephone service, for the district public defender and his or her personnel. If there is more than one county in a district, each county shall contribute, on the basis of population, its pro rata share of the costs of office space and utility services, other than telephone service. The state shall pay, within the limits of the appropriation therefor, all other expenses and costs of the state public defender system authorized under this chapter.

2. A complete budget for the state public defender system shall be provided through an annual appropriation subject to approval by the governor and the general assembly. The budget request for the state public defender system shall be approved by the commission and submitted directly to the governor and the general assembly by the director and shall not be subject to diminution or alteration by the judicial department of state government.

3. Any person who is a public defender or employee of a public defender shall be entitled to all benefits of the Missouri state employees' retirement system as defined in sections 104.310^* to 104.550.

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(L. 1972 H.B. 1314 § 7, A.L. 1982 H.B. 1169, A.L. 2013 H.B. 215)

*Section 104.310 was repealed by H.B. 1643, et al., 1988

Notes of Decisions

Cited in 3 cases, 1983–1998 · leading case: State v. McDonald, 661 S.W.2d 497 (Mo. 1983).

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State v. McDonald, 661 S.W.2d 497 (Mo. 1983). · cites it 4× “The court specifically rejected the claim that a defendant is entitled to a confidential evaluation in order to decide whether to use the mental defense, but recognized the defendant's problem and suggested the use of the public defender's funds, citing § 600.040 and § 600.150,…”

State Ex Rel. Pub. Def. Comm'n v. Cnty. Court of Greene Cnty., 667 S.W.2d 409 (Mo. 1984). · cites it 7× “Section 600.040, RSMo Cum.Supp. 1983; see Laws 1972, p.”

State ex rel. Pub. Def. Comm'n v. Williamson, 971 S.W.2d 835 (Mo. Ct. App. 1998). · cites it 2× “§ 600.040, RSMo 1994. Although the director is given the authority to hire private attorneys, and apparently does so in cases of conflict, the statute grants that authority only to the director.”

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