# MO Governor Appointed as Public Defender (Legal?)

**URL:** <https://boards.straightdope.com/t/mo-governor-appointed-as-public-defender-legal/761763>\
**Category:** In My Humble Opinion\
**Created:** [August 4, 2016, 6:10pm UTC](https://boards.straightdope.com/t/mo-governor-appointed-as-public-defender-legal/761763 "2016-08-04T18:10:50Z")\
**Posts on this page:** 3\
**Page:** 2

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [August 5, 2016, 8:02pm UTC](https://boards.straightdope.com/t/mo-governor-appointed-as-public-defender-legal/761763/21 "2016-08-05T20:02:21Z")

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> [@Northern\_Piper](#):
>
> I was under the impression that most prosecutions under state laws were actually handled by the cities or counties? If so, does that affect the conflict issue?

They are instruments of the State. In Seattle, for example, the King County prosecutor’s office brings criminal cases as “The State of Washington v. John Doe.”

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**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [August 5, 2016, 9:04pm UTC](https://boards.straightdope.com/t/mo-governor-appointed-as-public-defender-legal/761763/22 "2016-08-05T21:04:00Z")

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> [@Bricker](#):
>
> State ex rel. Missouri Public Defender Comm. v Pratte, 298 S.W.3d 870, 890 at FN 35 (2009).

That seems to say he can do it, but only if he pays him. I don’t see anything about requiring him to consent, which is his issue. Nor about how much he must be paid.

Unless you have something else, that would seem to indicate that he would at least think he could do it, prohibiting any sort of lawsuit against him for trying. Plus, even if there is a consent requirement, how is he to know he didn’t consent before assigning it?

I do think it’s probably political theater. Does the governor have any challengers in the upcoming election who can use this against him?

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**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\
**Post date:** [August 5, 2016, 9:52pm UTC](https://boards.straightdope.com/t/mo-governor-appointed-as-public-defender-legal/761763/23 "2016-08-05T21:52:13Z")

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> [@BigT](#):
>
> Does the governor have any challengers in the upcoming election who can use this against him?

He’s served his two terms and can’t run again. That won’t stop any candidate from either party to make fun of him, however.

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