The Essential Guide for Public Defender Requirements

What is the Role of a Public Defender?

A public defender is a lawyer who is appointed to represent a defendant who cannot afford to hire a private attorney. The lawyer may be a private practitioner under contract to the state, or may be a public employee. In either case, the State provides funding for the defense and the lawyer’s services at no cost to the client.
Public defenders may be assigned at various stages of a case, or the client may have a public defender through his or her entire criminal case, depending on the circumstances of the case.
On the federal level, the Criminal Justice Act of 1964 allowed federal judges to appoint private counsel under certain circumstances for persons unable to afford counsel. Later, the Act provided for public defender organizations. The law generally requires that defendants be provided with a lawyer as soon as (a) they are brought before a magistrate for initial appearance, (b) formal charges are filed, or (c) they enter a plea of guilty.
The Supreme Court has ruled that the Sixth Amendment mandates a right to counsel for defendants in criminal cases that can result in imprisonment . The United States Supreme Court has held that certain non-indigent criminal defendants have the right to court-appointed counsel where practical.
A public defender is obligated to conduct the same services as a private defense attorney. These services include:
For the public defender and his or her client, there are some differences from private representation, and both sides should be fully aware of these differences. First, public defenders and other appointed counsel often have high caseloads, which means limited time that they are able to dedicate to a specific case. Second, the public defender works for the government, so all of their activities are closely regulated. That said, for clients, consultants, and private investigators are a major asset. Although they are not always available, public defenders are allowed to hire employees to assist them with preparing a defense.
A public defender is not "another government employee." That is, the defendant is entitled to a zealous representation. A public defender is not obligated to the government, but rather to his or her client.

Education and Experience Required

While the minimum educational requirement for becoming a public defender is a law degree, most public defender job postings require candidates to have formal undergraduate training as well. Many positions for a public defense position will specify a minimum education level such as a bachelor’s degree. Many states have even taken it a step further and will require graduate training in the form of a master’s degree or higher.
Regardless of the specifications put forth in a job posting, obtaining a position as a public defender requires the completion of law school and earning a Juris Doctor Degree. Since a law degree is a highly prestigious achievement, completing law school and earning a Juris Doctor degree means that a student will have the knowledge and skills necessary to practice law after taking and passing the bar exam, which is the final step to practicing law.
In most cases, passing the bar exam is a requirement for employees of a public defender’s office. Apart from a law degree and certification of passing the bar examination, public defenders may seek additional training and certification through voluntary organizations such as the National Association of Criminal Defense Lawyers (NACDL) or a state equivalent. There are law schools that offer specialized training programs that provide public offenders with experience working under the supervision of established criminal law teachers and seasoned public defenders. Public defender offices will also frequently sponsor formal trial training programs and seminars.

Licensure and Certifications Required to Practice

While public defenders are generally required to hold a law degree from a state-accredited institution, their licensing requirements vary based on their specific practice location. For instance, the Public Defender Services (PDS) agency in Washington D.C. handles all public defender cases for the entire District of Columbia. Nevertheless, lawyers who work for PDS must also be officially licensed by the District of Columbia Bar, even if they have no intention to practice law outside of their work as a public defender.
Public defenders may also be admitted to practice in state courts at either the relevant US District Court, or in Golden State terms, a California Federal District Court. This admission allows the public defender to represent clients in criminal matters pursued at the federal level. Certain states, such as Louisiana, also require public defenders who represent defendants in juvenile cases to be licensed as a juvenile attorney in that state.
Some public defender offices also require further certifications for work as an appellate public defender. For example, Colorado requires its appellate public defenders to be certified as appellate specialists by the state’s Board of Continuing Legal Education. In contrast, the Florida Court System doesn’t specifically require these certifications, although many public defenders hold one or more. Nor does the American Bar Association oversee certifications specific to appellate public defenders.
As with many legal positions in the United States, the educational requirements and desired specialties are often different from one state to the next. Some states require public defenders to possess additional certifications for activities such as trial work.

Skill Sets and Competencies

To become a successful public defender, an attorney must possess a number of important skills and competencies. These include: Legal Knowledge and Experience: Public defenders must have in-depth knowledge of criminal law and legal procedures. They must be familiar with constitutional law, criminal statutes, case law, and the rules of evidence, allowing them to effectively navigate the legal system on behalf of their clients. Research and Analytical Skills: Public defenders need strong research and analytical skills to effectively prepare for cases. This involves investigating the facts of each case, analyzing evidence, and identifying legal issues that may have an impact on their client’s defense. Communication Skills: Strong verbal and written communication skills are essential for public defenders. They must be able to clearly articulate legal arguments in court, as well as effectively communicate with their clients, witnesses, and opposing counsel. Public defenders also draft legal documents and pleadings on behalf of their clients, making clear and persuasive writing all the more important. Trial Preparation and Representation: Public defenders must be effective trial lawyers, prepared to defend our most vulnerable citizens in court. This requires developing a strong understanding of evidentiary rules, courtroom procedures, and jury selection, along with the ability to present evidence and argue points of law in court. Interpersonal Skills: Public defenders are often called upon to represent clients from a wide variety of backgrounds—and who are facing serious criminal charges. They must possess strong interpersonal skills, particularly the ability to empathize and build a rapport with their clients, many of whom are in extremely stressful situations. Time Management: Public defenders have very demanding schedules. They are often faced with heavy caseloads, requiring that they be highly organized and efficient in managing their time so that they are able to provide an adequate defense for every client they represent.

Getting Hired

Application procedures vary state by state, and political party affiliation is often listed as a requirement. Interviews are believed to be stressful experiences, in which reasons for becoming a public defender are anticipated. However, there are also many useful tips for making the process easier. After the application process, some states require examinations. Subjects tested include rules of ethics expected to be behavior for any practicing attorney, as well as criminal law, criminal procedure, and the theory of counseling and courtroom strategies. Although many of these subjects should likely be known by a practicing attorney regardless of the area of specialization , there is no prior requirement to be an attorney before applying to become a public defender. Aptitude tests may be required in certain states. Many applicants refer to these tests as bothersome, yet, if you are applying to a state that requires one, you may not be able to avoid it. These aptitude tests measure current skills with no consideration given to legal issues. It is important to remember that taking an aptitude test is not a good or bad sign; it is simply a standard procedure. What you should remember is that you will have to go through a hiring process, and that your application should be completed as thoroughly and carefully as possible.

Variances in Unique Jurisdictions

State and federal courts differ in the degree to which they have imposed PD requirements, especially as to state courts. All 50 states and the District of Columbia have appointed PDs for indigents facing possibility of incarceration upon conviction; two (Virginia and Kentucky) have no public defenders. In a few states (Delaware, Maine, Maryland, New Mexico, and Virginia) a state agency discharges the responsibilities of providing adequate counsel, while forty-two have set up some type of public defender office to achieve this purpose. Many of those offices provide representation in a number of settings, including post-conviction reviews. A few statutes, like Maryland’s Public Defender Act (Md. Code Ann., Crim. Proc. § 16-101 – 503) and the District of Columbia Public Defender Act of 1970 (D.C. Code § 5-401), set up remuneration formulas based on caseload requirements. Other statutes, like New York (N.Y. County Law § 722-726) and Hawaii (Haw. Rev. Stat. § 802-3, 802-8), provide for specific reimbursement formulas based on the percentage of the funding provided by the state or jurisdiction. In Michigan, where a county system meets the Michigan Supreme Court’s guidelines for supplemental reimbursement, the annual supplemental reimbursement amount shall be determined by multiplying the number of cases by $225 for each felony case involving a potential sentence of life imprisonment plus $40 for each other felony case and $10 for misdemeanors. The formula for the state’s indigent defense fund is based on the caseload multiplied by $315 per case for felonies and $80 for misdemeanors, subject to an annual maximum of $300,000." (Mich. Ct. Facts 6)

Challenges to Expect

Apart from the inherent difficulties and emotional tolls of dealing with traumatic situations involving clients, public defenders face a looming reality of heavy caseloads and an overall lack of resources. While many public defenders are specially trained to handle persons charged with crimes, limited budgets and subsequent low staffing levels consistently limit the amount of time that a public defender can spend on a case.
Many jurisdictions establish a maximum number of cases to be assigned to a public defender over a six month period. Typically, this number is set between 100 and 150 cases. In California, the case load is somewhat higher than the national average; my home county of Riverside, for example, has set the limit at 228 cases to each public defender per year. Although this sounds like a lot, it’s standard practice to assign multiple attorneys to a single case, focusing their collective efforts on the case and therefore keeping the case load down.
In addition to the limits on developmental cases, many public defender offices do not employ additional investigative staff, psychologists, mitigation experts, and other assistants needed for a thorough defense; in many instances, the public defender must utilize contracted services to obtain these resources, or (especially for misdemeanor cases) argue to the presiding court to have the costs borne by the county.
The limited availability of investigation and other expert assistance is tempered somewhat by the enormous number of volunteer investigators and other assistance, nationwide, in the form of professors, law students, retired law clerks, and other criminal defense attorneys. Many non-profit organizations exist solely to bolster public defender defense assignments, such as the Innocence Project and the Southern Center for Human Rights.

Career Advancement Avenues

Many law firms confidently hire former public defenders for laterals at the associate level for the versatility offered by the practical experience of PDs. In their law clerking experience, public defenders learn by counsel assignment, working on a comprehensive array of case types and industries across their district .
The public defender’s career allows for not only lateral moves to firms but also the opportunity to move into other in-house attorney positions within their district, in addition to moving in-house into corporate settings, like general counsel or as the insurance defense counsel for the primary insurer of a variety of companies and even as insurance claims counsel or coverage counsel—essentially, PDs cross-pollinate into any profession requiring a civil enforcement channel through administrative or regulatory channels.
Additionally, as may be expected, a public defender can also move up in the non-profit world, from in-house staff attorney roles at organizations such as civil rights groups, like the ACLU or NACDL to director or executive director roles.