Public defender

A government-funded lawyer who represents people unable to afford counsel in criminal cases. Public defenders safeguard the right to legal representation while working within publicly funded defense systems.

Right to counsel: The legal right to receive assistance from a lawyer in specified proceedings. This right is the constitutional foundation for appointing counsel to defendants who cannot afford one.
Effective assistance of counsel: The constitutional standard requiring criminal defense representation to meet minimum professional competence. Public representation must satisfy this standard, not merely provide a lawyer in name.
Clarence Earl Gideon: The Florida defendant whose handwritten petition led to the Supreme Court case Gideon v. Wainwright. His case prompted the ruling that expanded the right to appointed counsel in state criminal courts.
Private criminal defense attorney: A lawyer hired by a client to defend against criminal charges. Unlike a public defender, this lawyer is paid directly by the client or another private source.
Public defense caseload standards: Guidelines or limits for the number and complexity of cases a defense lawyer can competently handle. Standards address whether defender workloads leave enough time for investigation and client consultation.
Indigent defense: Legal representation provided to people who cannot afford a lawyer in criminal cases. Public defenders are one institutional form of indigent defense.
Plea bargain: An agreement in which a defendant pleads guilty in exchange for concessions from the prosecution. Defense lawyers advise clients through plea decisions that resolve most criminal cases.
Abe Fortas: An American lawyer and Supreme Court justice who represented Clarence Earl Gideon before the Court. Fortas argued Gideon's case and helped establish the constitutional basis for state-funded defense.
Prosecutor: A government lawyer who brings criminal charges and presents the case against an accused person. The prosecutor represents the state, while the public defender represents the accused.
American Bar Association Ten Principles of a Public Defense Delivery System: A set of principles describing structural requirements for a competent public defense system. The principles frame debates over independence, resources, and workload in defender systems.

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