Define: Public Defender

A public defender is a lawyer whose duty is to provide legal counsel and representation to indigent defendants in criminal cases who are unable to pay for legal assistance.

Public defenders are employed by the government (at the federal, state or country level), or they work for non-profit entities funded by the government as opposed to criminal defense attorneys in private practice.

Appointed counsel are required to be available for anyone accused in criminal court, who is exposed to any likelihood of imprisonment, by the 6th Amendment and the Supreme Court decision Gideon v. Wainwright. Most jurisdictions choose to comply with their Gideon duty by establishing public defender offices, but a substantial minority complies with Gideon by having panels of appointed private counsel.

The landmark case that helped pave the way for all Americans to be guaranteed an attorney at trial was the case of Gideon v. Wainwright (1963) Mr. Gideon was a middle-aged Florida man who was charged with breaking into a bar and stealing money and beer. He argued at his trial that he could not adequately defend himself, and that a system that pits an uneducated man against a trained attorney is fundamentally unfair. The Supreme Court agreed.

Not all jurisdictions have public defender offices, per se. In some areas, indigent defendants are represented by legal aid attorneys whose offices have contracts with the court. In other areas, representation is provided by attorneys in private practice who are appointed and paid by the court. Defense services can also be provided by lawyers employed by private corporations that receive government grant money for this purpose.

Public defender agencies of all kinds are supported by public funding, but do not take direction from the government as to the acceptance or handling of cases, or to the hiring of staff attorneys.

State public defender offices can vary widely from county to county, and from federal defender organizations.