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    Accordingly, the law of this case—indeed the law of the Eighth Circuit—is that the State cannot be held liable on Plaintiffs' claims. As the State was granted dismissal on the basis of sovereign immunity and cannot be liable for Plaintiffs' claims, intervention by the Attorney General on behalf of the State is not proper. Under Missouri law, the MSPD is an "independent department" of Missouri's judicial branch vested with the responsibility of providing counsel to indigent defendants facing incarceration.

    Comm'n v. Pratte , S. The Attorney General, in contrast, has no legal duties or powers with regard to the provision of legal representation for indigent defendants. As a legally independent government entity, it is the MSPD that is vested with the right and authority to litigate on its own behalf, as it has done at various times in recent years and throughout this case.

    Thus, the Attorney General does not have authority to intervene to assert defenses on the MSPD Defendants' behalf over their objections. See , e. Waters , S. Greitens , S. The Attorney General provides only vague descriptions of the "broad interests" allegedly at stake for him individually in this litigation. The Attorney General asserts interests in "protect[ing] the interests of the State and all of its citizens," Doc. The Attorney General also speaks generally about the "state's police power to protect its people," and his interest "[a]cting on behalf of the State" as "the state's chief lawyer and law enforcement officer.

    The Attorney General's failure to file a proposed pleading, as required by Federal Rule of Civil Procedure 24 c , only compounds the issue, as the Court is unable to look to the Attorney General's proposed answer or counterclaim for context in identifying the alleged interest at stake or how he plans to protect that interest in this litigation. Titan Contractors Serv. July 27, "The proposed intervenors have not, however, complied with Rule 24 c which requires a motion to intervene to 'be accompanied by a pleading that sets out the claim or defense for which intervention is sought.

    This is more than a mere formality. Charles Tower , Inc. A pleading is essential for an analysis of the Rule 24 factors, especially given the unusual procedural posture of this case. Further, neither during nor after oral argument did the Attorney General seek to clarify his defenses or counterclaims.


    The Attorney General cites the fact that both common law and Mo. The Attorney General argues that Mo. State , S.

    However, Dunivan considered whether Section Harris v. The Federal Rules of Civil Procedure require a federal, rather than a state, statute to confer an unconditional right to intervene, Fed. Moreover, the authorities the Attorney General cites as conferring a right to intervene in federal court contemplate interests more specific than those articulated here and involved intervention on a more limited basis than the Attorney General proposes. Albers Med. Risk of Impairment and Adequacy of Representation. Even affording the Attorney General the benefit of any doubt and assuming, for the purpose of this motion, that the interests articulated by the Attorney General can be legally protectable in federal court, the Court cannot find on the record presented that the Attorney General's interests, even liberally construed, may be impaired by this litigation.

    A proposed intervenor must "demonstrate that the subject matter of the action affects its interests in a direct rather than tangential way. Intervention is not appropriate when any impact on the claimed impairment is "'contingent upon the occurrence of a sequence of events'" beyond the litigation. City of Minneapolis , F. The Attorney General asserts that requirements in the consent judgment that the MSPD "take certain actions in criminal trials and appeals," including "conducting discovery under certain timelines, requesting hearings, filing briefs, and seeking oral argument," will affect his work in "routinely appear[ing] on the other side of a party represented by a public defender.

    However, the Attorney General does not articulate how a change in the MSPD's litigation strategies would impair his own interests. Indeed, the actions described would likely improve the quality of the litigation and therefore would advance the Attorney General's interest in avoiding postconviction motions based on constitutionally defective representation. Further, any suggestion that the proposed consent judgment will somehow result in an increase of appeals or habeas proceedings in which the Attorney General is required to appear is purely hypothetical.

    The proposed consent judgment does not concede that the MSPD has provided constitutionally inadequate representation, and how much weight may be ascribed to the consent judgment in future challenges to the MSPD's prior legal representation is purely speculative. In short, the Attorney General has not shown that this lawsuit is likely to affect the Attorney General's interests in any direct way.

    The Attorney General also asserts that, under the consent judgment, "prosecutors may be asked to eliminate incarceration as a possible sentence in criminals proceedings"; "courts may be required to entirely dismiss criminal cases"; and "[i]ndividuals accused of some of the most serious felonies in Missouri—rape, kidnapping, armed robbery—may walk free without undergoing a trial because a public defender's office will refuse to take any cases that will require an attorney to work more than 40 hours per week.

    This, in turn, the Attorney General argues, will hamper his ability to protect the public safety, promote the public welfare, and ensure the integrity of criminal prosecutions.

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    The Attorney General takes specific issue with the portion of the proposed consent judgment that "provid[es] for dismissal of a case 'in lieu of processing additional indigence applications when [the 40 hour-per-week] standard has been reached. But the proposed consent judgment merely requires that the MSPD: notif[y] the circuit court that the caseload standard has been reached in order to promptly allow the court to: 1 appoint private counsel pursuant to State ex rel. Wolff v. Ruddy , S. Vardeman , F. Illinois , U.

    Exhibit 1, pp.


    Dismissing the case per the requirements set forth in Ruddy and Williamson is only one of several options left to the criminal court's discretion. The relevant language in the consent judgment does not purport to require the criminal court or the prosecutor to do anything at all. However, these outcomes are contingent on multiple factors beyond the disposition of this case, and the Attorney General has not established, or even argued, that these contingencies are likely. Moreover, the proposed consent judgment does not appear to alter, or prevent the Attorney General from performing, any of his duties.

    It does not obligate the Attorney General to take or refrain from taking any action, nor could he be held in contempt for violating the proposed consent judgment. Thus, while the proposed consent judgment may have some indirect effects on the Attorney General's enforcement function, any such effects would not create the kind of direct, substantial impairment that permits intervention as of right. See Harris , F. The Attorney General also asserts that the consent judgment implicates his interest in "ensur[ing] that the rule of law is upheld" because it "undermines statutes that address the workload and resources of Missouri public defenders.

    However, the Attorney General has not established that the interest might be impaired or inadequately protected absent his intervention. Johnson , F. Jenkins v. Missouri , 78 F. Thus, notwithstanding any conflict of interest between the MSPD Defendants and the Attorney General, the MSPD's own interest in ensuring that it operates in accordance with state law creates the presumption of adequate representation.

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