Discretionary appointment of counsel

Per Missouri Supreme Court Rule 37.65(g), a criminal contempt defendant cannot be incarcerated for failure to pay fees and fines unless the defendant “had the opportunity to be represented by counsel and a reasonable time to prepare a defense.”  And when an order to show cause is issued to a nonpaying defendant, it must include a notice saying that the defendant may have a right to counsel, including appointed counsel, if indigent.  Mo. Sup. Ct. R. 37.65(d).

Mo. Ann. Stat. § 479.353(3) incorporates this rule, prohibiting incarceration for failure to pay a fine unless there is compliance with Missouri Supreme Court Rule 37.65:  “A person shall not be placed in confinement for failure to pay a fine unless such nonpayment violates terms of probation or unless the due process procedures mandated by Missouri supreme court rule 37.65 or its successor rule are strictly followed by the court.” See also Mo. Ann. Stat. § 479.360(1.)(3) (requiring municipalities to certify compliance with “due process procedures mandated by Missouri supreme court rule 37.65 or its successor rule”) and Lawful Enforcement of Legal Financial Obligations; a Bench Card for Judges, Mo. R. Ord. and Traf. Viol. App. D (requiring courts to notify parties of their right to counsel at ability to pay hearings).