Holste also said there has been a 15 percent increase in funding at the agency while other departments under Nixon’s control have had to tighten their belts.

The maneuver by Barrett and the response from Nixon put the state in uncharted waters.

Retired prosecutor Riley Bock of New Madrid, who is chairman of the public defender commission, said he is not sure how Nixon can argue against what the statute says.

But, he said Barrett’s move was a way to send a loud message to Nixon that the funding problems need to be addressed.

The system’s caseload has gone up 12 percent over the past year to about 82,000 cases, with each lawyer having to handle 125 to more than 200 cases at a time.

“It’s been within the governor’s power to resolve this problem and he’s just chosen not to,” said Bock, who became chairman in July. “I think this is important to the Missouri judicial system.”

Another commission member, St. Louis attorney Douglas Copeland, said the agency has tried for years to persuade Nixon to adequately fund the system.