ABSTRACT

Public defenders are an important part of the criminal justice system as they attempt to protect the constitutional rights of the poor. Public defender systems are used in urban areas that have a high criminal caseload, whereas rural areas use assigned counsel. A public defender is a lawyer paid by the government who represents clients unable to afford legal services. The Sixth Amendment to the US Constitution requires that individuals accused of crimes have the assistance of an attorney. The right to counsel was included in the Bill of Rights because the British did not allow a person charged with treason or felony to retain counsel, even if the accused could afford one. Critics have alleged that because local jurisdictions both fund and choose public defenders, their independence may be jeopardized through local politics. There is variation in state methods of providing those services, but public defenders unquestionably play a major role in indigent defense.