Mo. Rev. Stat. » Chapter 600
Missouri Revised Statutes

Mo. Rev. Stat. § 600.086 (2026)

Eligibility for representation, rules to establish

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  600.086.  Eligibility for representation, rules to establish — indigency, how determined, procedure, appeal — false statements, penalty — investigation authorized. — 1.  A person shall be considered eligible for representation under sections 600.011 to 600.048 and 600.086 to 600.096 when it appears from all the circumstances of the case including his ability to make bond, his income and the number of persons dependent on him for support that the person does not have the means at his disposal or available to him to obtain counsel in his behalf and is indigent as hereafter determined.

  2.  Within the parameters set by subsection 1 of this section, the commission may establish and enforce such further rules for courts and defenders in determining indigency as may be necessary.

  3.  The determination of indigency of any person seeking the services of the state public defender system shall be made by the defender or anyone serving under him at any stage of the proceedings.  Upon motion by either party, the court in which the case is pending shall have authority to determine whether the services of the public defender may be utilized by the defendant.  Upon the courts finding that the defendant is not indigent, the public defender shall no longer represent the defendant.  Any such person claiming indigency shall file with the court an affidavit which shall contain the factual information required by the commission under rules which may be established by the commission in determining indigency.

  4.  Any person who intentionally falsifies such affidavit in order to obtain state public defender system services shall be guilty of a class A misdemeanor.

  5.  The director or anyone serving under him may institute an investigation into the financial status of any person seeking the services of the state public defender system at such times as the circumstances shall warrant.  In connection therewith he shall have the authority to require any person seeking the services of the state public defender system or the parents, guardians or other persons responsible for the support of a person seeking the services of the state public defender system who is a minor or those persons holding property in trust or otherwise for such person to execute and deliver such written authorization as may be necessary to provide the director or anyone serving under him with access to records of public or private sources, otherwise confidential, or any other information which may be relevant to the making of a decision as to eligibility under this chapter.  The director, chief deputy director, each public defender and each assistant and deputy public defender or designee are authorized to obtain information from any office of the state or any subdivision, or agency thereof or political subdivision on request and without payment of any fees.  Any office of the state or any subdivision, or agency thereof or political subdivision from which the director, chief deputy director, public defender and each assistant and deputy public defender or designee requests information pursuant to this section shall supply such information, without payment of any fees.

  6.  The burden shall lie on the accused or the defendant to convince the defender or the court of his eligibility to receive legal services, in any conference, hearing or question thereon.

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(L. 1976 H.B. 1095 § 600.052, A.L. 1982 H.B. 1169, A.L. 1993 S.B. 180)

Notes of Decisions
Cited in 27 cases (2 in the last 5 years), 1977–2025 · leading case: State ex rel. Missouri Pub. Def. Comm'n v. Waters, 370 S.W.3d 592 (Mo. 2012).
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State ex rel. Missouri Pub. Def. Comm'n v. Waters, 370 S.W.3d 592 (Mo. 2012). · cites it 2× “charged with a violation of probation,” and with the requirement of section 600.086 that, regardless of whether a defendant had previously obtained private counsel, "[a] person shall be considered eligible for representation [by the public defender] .”
State ex rel. Shaw v. Provaznik, 708 S.W.2d 337 (Mo. Ct. App. 1986). · cites it 3× “The determination of indigency by the court through suitable inquiry under Section 600.086 RSMo 1978, and recognized in State v.”
State ex rel. Missouri Pub. Def. Comm'n. v. Pratte, 298 S.W.3d 870 (Mo. 2009). · cites it 2× “Accordingly, pursuant to section 600.086, Roloff was eligible for the services of the public defender's office.”
State v. Yardley, 637 S.W.2d 293 (Mo. Ct. App. 1982). · cites it 4× “Section 600.086 provides: "A person shall be considered indigent when it appears from all the circumstances of the case that the person does not have the means at his disposal or available to him to obtain counsel in his behalf.”
Walter Barton v. State of Missouri, 486 S.W.3d 332 (Mo. 2016). “, § 600.086 (counsel shall be appointed where defendant “does not have the means at his [or her] disposal or available to him [or her] to obtain counsel in his [or her] behalf and is indigent”); § 600.”
State v. Brown, 599 S.W.2d 498 (Mo. 1980). · cites it 4× “Appellant was found to be indigent within the meaning of § 600.086, RSMo 1978, after a hearing, and Cornelius Lane was appointed to represent appellant at trial.”
Vincent U. Williams v. State of Missouri, 494 S.W.3d 638 (Mo. Ct. App. 2016). · cites it 2× “) See also Section 600.086 which addresses eligibility for representation by the Public Defender’s Office, and the mechanism for determining eligibility applicable after the interlocutory determination of indigency is made upon the filing of Rule 24.”
State v. Bilyeu, 867 S.W.2d 646 (Mo. Ct. App. 1993). · cites it 5× “The procedure to determine a person’s eligibility for representation by a public defender is contained in § 600.086, RSMo 1986, of the enactment on public defenders.”
Luleff v. State, 842 S.W.2d 895 (Mo. Ct. App. 1992). · cites it 9× “b) The Public Defender’s office was bound by Section 600.086 RSMo and the rules of the Public Defender Commission regarding eligibility for legal services.”
State v. White, 44 S.W.3d 838 (Mo. Ct. App. 2001). · cites it 3× “White had been able to post a rather substantial $75,000 bond, and so was financially ineligible for public defender representation pursuant to Section 600.086 RSMo 1994. The parties appeared before Judge Clark on February 25, 1998, for a hearing on Mr.”
State v. Dowdell, 583 S.W.2d 253 (Mo. Ct. App. 1979). · cites it 3× “Determination of indigency is a finding required by Section 600.086, RSMo Supp.1976 to be made by the court “through suitable inquiry into the financial circumstances of the person and his immediate family with regard to their assets, income, debts and family obligations, and…”
Petsch v. Jackson Cnty. Prosecuting Attorneys Off., 553 S.W.3d 404 (Mo. Ct. App. 2018). · cites it 2× “064; (2) Investigate the financial status of any defendant determined to be eligible for public defender representation under section 600.086 and make findings regarding the eligibility of such defendants; (3) Determine, with the express concurrence of the prosecuting or circuit…”
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