An Essay on the New Public Defender for the 21st Century

Abstract

The problems facing indigents in criminal cases are well documented and have been so since the early part of this century.1 Nevertheless, funding for public defender services remains woefully inadequate. Studies at both the state and the federal level document the inadequacy of the resources available to those who are charged with the responsibility of defending the accused.2 Indeed, even the Supreme Court has noted the inability of public defenders to provide adequate counsel as a result of their limited resources and training.3 Yet the problems remain. It is not possible to be certain why so little progress has been made in reforming the provision of public defender services in the face of so much evidence of the need for dramatic reform. Perhaps the failure of reform is a result of a general lack of appreciation of the fundamental societal values that public defender services further. Perhaps it is because the challenges facing public defenders, though well documented, are unknown to those in positions of authority. Or perhaps our leaders are aware of the importance of these services and of the problems facing public defenders but are unable to devise adequate solutions. This essay will address each of these potential explanations seriatim by attempting to articulate the importance of public defender services, examining the stresses facing the modern public defender, and drawing attention to a few particularly meritorious solutions that have been suggested by other scholars. This essay will then offer some anecdotal advice for public defenders and those designing public defender services based on my own experiences as a public defender in Washington, D.C.