What are public defenders’ roles?

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Public defenders are lawyers who defend people accused of a crime and cannot pay for their services. Instead public defenders are normally reimbursed by the state, usually at a lower amount than what the lawyer would do in private practice. The need to counsel people accused of a crime was not reinforced until the 1960s. The current public defense system is due to the Supreme Court case Gideon v. Wainwright.

Mr. Gideon argued that it was impossible to match the skills of a lawyer when defending criminal charges. Gideon’s case won out with the Supreme Court, which agreed that a private individual, especially without significant education or ability to pay, needs the expertise of an attorney to prepare an adequate defense. This decision was in line with the 6th amendment, which specifies that people accused of a crime have the right to a lawyer. Yet not everyone can afford advice. Thus, many cities, counties, and states responded to Gideon V. Wainwright’s decision and established public defender offices.

Public defenders are sometimes called criminal defense attorneys. Private defense attorneys can act as public defenders when they choose, regardless of the client’s ability to pay, which is usually called taking a case “pro bono.” In this case, the public defender can do a thousand other things besides participating in the defense of a defendant. He or she may work in many different fields of law. The private lawyer can also become a public defender when appointed by the court to do so. In districts without full public defense offices, some private attorneys may take turns being public defenders, so that anyone who needs a defense counsel to prepare their defense has that access.

Public advocates help clients prepare for trial, submit any plea offers, arrange for expert testimony when required, and advise clients on the best way to pursue a case. The public defender researches the questions of law relevant to the case at hand and composes or with the help of the staff composes any legal briefs necessary for the conduct of the trial. He is committed to the defense of his client, whoever he is and regardless of the crime committed, and uses the law to offer his client his best defense. Discuss with the client how the client should plead, investigate any mitigating issues that might provide a better defense, and essentially participate in all aspects of the defense from pretrial motions through post-trial requisites.

A growing concern in an increasingly congested justice system is how effectively public defenders may be able to do their job when caseloads are heavy. Some clients complain they don’t even meet their public defenders until trial day, and they don’t get much advice beyond a quick consultation outside the courtroom doors. This may be the case in some areas of the country, and there have been some statistics showing that a person defended by a public defender is more likely to serve a longer sentence or be convicted. Conversely, private criminal lawyers may have more resources, such as access to experts to testify for the defense, that may not be equally available to public defenders.

This is an issue that continues to need to be addressed, particularly in areas where heavy criminal activity means overstretched public defenders. Because all trials and defenses should theoretically be equal, the public defender needs time to pursue and defend a case with his or her full attention and needs access to expert testimony resources. Without such time and resources, even the most avid and skilled public defender may not be able to prepare the best possible defense for a client, which could establish disparities in how clients are then judged.

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