Show some respect....a tribute to Public Defenders

Many people don't fully appreciate our Public Defenders. 

Before the Sixth Amendment, it was only those who were rich that could afford to protect themselves against criminal actions. You would have to spend a fortune to find a lawyer to represent you, and then once you did, it was likely he was not well qualified. This sort of thing caused obvious problems with the early Courts in America. A lawyer could prevent different levels of punishment or even death in come cases. 

When the Sixth Amendment was ratified it was groundbreaking in the legal community. The Sixth states... 

" In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."

When this was adopted there were problems. The law permitted "counsel" but it didn't really specify. Did that mean a lawyer? At first it didn't mean you had a right to a lawyer. The Supreme Court answered that question in Powell v. Alabama (1932). In that case, nine black youth were alleged to have raped two white girls. They were convicted and sentenced but then appealed. They based their appeal on the grounds that they were not represented properly and denied due process. In that case, the lawyer was an old retired practicing attorney, and was assisted by a former real estate agent without a law licence. The Court determined that "assistance of counsel" therefore meant an attorney who was licensed to practice law. 

So...do you get a lawyer in civil cases? No, it applies only to criminal matters. But, some quasi criminal/civil matters you may be appointed an attorney such as juvenile matters, child protection cases, or No Contact Order hearings. 

Another problem to be decided was when you were able to have the "assistance of counsel." In Betts v. Brady (1942) the Supreme Court said that the right to counsel does not apply to every stage of litigation. It only applies at trial.But this was only to apply if their were special circumstances or if mental disabilities plagued the Defendants. It would be along time before everyone would be allowed counsel. However that law would be over ruled in Gideon v. Wainwright a few years later. 

Gideon v. Wainwright in 1962 shook the criminal legal system to its knees. The Supreme Court ruled 9-0 that regardless of a defendants ability to pay. The Court also held, Defendant's are allowed an attorney in any Felony Criminal case. The Court reasoned that Due Process allowed for all persons to be represented under the Constitution. We haven't looked back since. We now have a public defenders office in each city and state in the country. 

Today Public Defenders are appointed in most criminal cases, even non felonies. Idaho is no exception. This means that the Defenders bear the brunt of criticism when something goes wrong. And never are able to be prideful when things turn out right. Either way, its simple, the more cases you handle, the more likely you are to be held liable when something goes wrong. Public Defenders never get to play the hero in court. Many are seen as charlotins or salesman or the "pretenders" we love to hate. While many Defenders handle hundreds of cases a year, and are under paid compared to their prosecutor comrades, they still get up every morning and try to change the world one case at a time. 

There is good and bad in all professions, the Public Defender profession is like all others. Good and bad collide together in the work force and compete. Regardless, we owe them all respect.