The short answer is no, not the way you can fire a lawyer you hired. In Missouri, a person with appointed counsel does not choose who is appointed and cannot simply replace that lawyer with another appointed lawyer they prefer. The only way to choose your own attorney is to hire one.
That is not a criticism of public defenders. Many are excellent trial lawyers who chose the work because they want to practice law without running a business. But appointed lawyers vary the way all lawyers vary, and when the State assigns your lawyer, you get the lawyer you are assigned. Here is what you can actually do if it is not working.
The rule
Can I get a different public defender in Missouri?
Only if a judge agrees, and only for a reason the law recognizes.
The right to appointed counsel is a right to a competent lawyer, not to a lawyer of your choosing. To get substitute appointed counsel, a defendant generally has to show what Missouri courts call justifiable dissatisfaction with the current lawyer.
What can qualify
A conflict of interest, an irreconcilable conflict between lawyer and client, or a complete breakdown in communication.
What usually does not
Disagreeing about strategy, wanting more time with the lawyer than you are getting, or not liking the lawyer’s advice about a plea offer. Courts have held that these, on their own, are not enough.
Your options
What can I do if I am unhappy with my public defender?
1. Talk to your lawyer directly
Many problems are about communication. Write down your questions, ask how the lawyer prefers to be contacted, and ask what is happening next in the case. A short letter can work better than repeated calls.
2. Contact the local public defender office
Each Missouri State Public Defender office is run by a supervising attorney. You can write to that office about the problem. They may be able to help with communication, and they decide internal assignments.
3. Ask the judge for new counsel
You can ask the court to appoint a different lawyer. The judge will usually hold a short hearing. Be ready to explain the specific problem, and ask to speak with the judge outside the prosecutor’s hearing so you do not reveal anything about your defense in open court.
4. Hire a private attorney
This is the only option that lets you choose. Once a private lawyer enters the case, the appointed lawyer withdraws. You can usually do this at any stage, though a lawyer coming in close to trial may need time the court is not required to give.
You can also ask to represent yourself. The court has to find that you are giving up your right to counsel knowingly and voluntarily. It is rarely in a defendant’s interest, and it is not a way to get a better lawyer.
The real difference
Why does choosing your own lawyer matter?
Because the person handling your case shapes how it goes, and in an appointed case that is decided for you.
- You can evaluate the lawyer first. You can ask about experience with your charge, your county, and trials, and decide whether you trust the answers.
- You know who you are getting. An appointed case can be reassigned inside the office as caseloads shift. A lawyer you hire is the lawyer you hired.
- You can change course. If the relationship is not working, you can hire someone else without needing a judge to find that the problem is serious enough.
- Credibility with the court matters. A lawyer’s standing with the judges and prosecutors in a particular county, and the ability to talk to local jurors, affects results. When you choose, you can weigh that.
None of this means a private lawyer is always better. It means that hiring is the only way the choice is yours.
Answers
Questions we hear about changing public defenders
Can I fire my public defender in Missouri?
Not in the way you can fire a hired lawyer. You can ask the judge to appoint someone else, but the court will generally do that only for justifiable dissatisfaction, such as a conflict of interest, an irreconcilable conflict, or a complete breakdown in communication. You can always replace an appointed lawyer by hiring a private attorney.
Can I choose which public defender I get?
No. Appointed counsel is assigned. The right to counsel for a person who cannot afford a lawyer does not include the right to pick the lawyer.
Is disagreeing with my public defender’s strategy enough to get a new one?
Usually not. Missouri courts have held that disagreement over trial strategy, or dissatisfaction with how much time the lawyer spends with you, is not by itself enough to require new appointed counsel.
Can I switch from a public defender to a private lawyer in the middle of my case?
Yes. A private lawyer can enter the case at most stages, and the appointed lawyer then withdraws. The closer the case is to trial, the more important it is to move quickly, because the court does not have to delay the trial for a change of counsel.
Should I complain about my lawyer in open court?
Be careful. Explaining a disagreement can reveal details about your defense in front of the prosecutor. Ask the judge whether you can address the issue without the prosecutor present, and keep the discussion to the problem with the representation, not the facts of the case.
For a broader comparison, see public defender vs. private attorney in Missouri, or our Missouri criminal defense page. In federal court, see federal public defender, CJA lawyer, or private attorney.
Talk to us
If you want to choose your lawyer, start with a conversation.
A consultation is confidential, and it does not affect your current representation unless you decide to make a change.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri law, not legal advice, and it does not create an attorney-client relationship. Whether a court will appoint substitute counsel depends on the facts of the case.
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