Do Public Defenders Do a Good Job?

Many people worry that a free lawyer is a worse lawyer. The reality is more nuanced.

Your right to a lawyer

The Sixth Amendment guarantees the right to counsel, and in Gideon v. Wainwright the Supreme Court held that states must provide lawyers to people charged with serious crimes who cannot afford one. The right has since been extended to any case that leads to actual imprisonment (Cornell LII).

Who qualifies

Courts decide based on income, assets and the likely cost of hiring a lawyer. You usually fill out a financial affidavit at your first appearance. Some courts charge a small application fee or ask for partial repayment if you can afford it.

Strengths of public defenders

• They practice criminal law full-time, often only in the courthouse where your case is.
• They know the local judges, prosecutors and typical plea offers.
• Many offices have investigators, social workers and experts.

The real challenge: caseloads

Many public defender offices are underfunded, and lawyers may carry far more cases than recommended. That can mean short meetings, slower callbacks, and less time on each case.

Getting the most from your public defender

1. Write down your questions and bring documents and witness names to meetings.
2. Be honest with your lawyer; conversations are confidential.
3. Keep your contact information current.
4. Ask how to reach the office and who to contact if your lawyer is in court.
5. Follow up in writing if you cannot get a callback.

If your public defender is not responding

• Call and email, then send a letter.
• Contact the lawyer's supervisor or the chief public defender.
• As a last step, you can ask the judge for a new lawyer. Judges usually grant this only for a real conflict of interest or a complete breakdown in communication, not just disagreement about strategy.

Can you fire your public defender?

You can hire a private lawyer at any time. You can also represent yourself, but that is rarely wise. You generally cannot pick a specific public defender.

Public defender or private lawyer?

A private lawyer may have more time per case, but quality varies in both systems. If you can afford it, compare criminal defense lawyers who regularly practice in your court. For civil matters, see how to get free legal help.

Sources

1. Cornell Law School LII: Gideon v. Wainwright, 372 U.S. 335 (1963)
2. Cornell Law School LII: Right to counsel
3. Cornell Law School LII: Sixth Amendment