When facing a legal charge, one of the most important decisions you’ll make is who will represent you in court. The United States Constitution guarantees every citizen the right to an attorney, even if they cannot afford one. In such cases, a public defender is appointed. Yet, this system has been subject to criticism, with some referring to public defenders as “public pretenders.” But what’s the truth behind these labels? Let’s take a closer look.
1️⃣ Quality Representation:
Public defenders are professional licensed attorneys who have undergone the same education and training as private lawyers. The only difference is they are employed by the State and are assigned to people who are deemed Indigent by the Clerk of Court. Public defenders are often passionate young lawyers who are passionate and are nearly obsessed with ensuring the rights of individuals who cannot afford private representation are not forgotten, and are treated unfairly within the court system. Dealing with a significantly high volume of clients and cases, public defenders possess a wealth of experience and knowledge about the ins and outs of the court system. Since they are stationed within the courtrooms each day, they are familiar with the judges, the prosecutors, law enforcement personnel, and court procedures. Former public defenders who then enter private practice provide their clients with significant advantages. Former public defenders have experienced the tough limitations of working for the government and assisting some severely impoverished citizens. From these difficulties, public defenders quickly strengthen their skills as advanced trial attorneys when they enter private practice.
2️⃣ Resource Limitations:
When working as lawyers, public defenders often face significant constraints. They typically handle a large volume of cases simultaneously, which stretch their time and resources thin. With such a high caseload, public defenders quickly learn the importance of prioritizing and time management. Offices are frequently underfunded, which can restrict access to essential resources, such as specialized evaluations, the ability for clients to attend programs and facilities, and expert witnesses. Even with these limitations, public defenders learn how to make do and keep pushing on in the relentless pursuit of “fighting the good fight.”
3️⃣ Personal Investment:
One criticism often leveled against public defenders is their perceived lack of personal investment. Some argue that public defenders, given their heavy workload and lower government pay, might not invest as much personal attention and passion into each case as a private attorney might. However, it’s essential to remember that many public defenders choose their career path out of a deep commitment to social justice and the belief in the right to legal representation. Many public defenders also use working for the government in this capacity as an opportunity of being “thrown into the wolves” or “baptized by fire” in order to specifically strengthen their legal skills. The thought process here is that if you can succeed in a position of immense obstacles, and focus your studies on succeeding, you can and will succeed in any courtroom. This theory certainly proves true.
While the system has its challenges, ever referring to public defender attorneys as “public pretenders” dismisses their commitment and the crucial role they play in upholding the principle of every American citizen. And that is the constitutional right to have an attorney represent them in a criminal case.
No matter who represents you, it is critical to maintain open and consistent communication with your attorney, understand your rights, and stay involved in your defense strategy. The right to legal representation is a cornerstone of the American justice system, and whether that representation comes from a public defender or a private attorney, each has the potential to staunchly advocate for you. In private practice, private attorneys typically have more time and resources to devote to each client and case. Private attorneys can afford to take on fewer cases, which gives them the ability to afford each client much more individualized attention. If you’re with the public defender’s office at this time and are thinking about trying to obtain a private attorney, you will need to consider the nature and stakes of the criminal violation, along with financial abilities.
