What Common Public Defender Interview Questions Should I Prepare For?
Your public defender interview will be exciting but also stressful. Help prepare by considering these 10 common interview questions.
And if you don’t get one of these questions, thinking about these topics will help you be prepared for other questions that address these same general areas.
UPDATE! Check out my latest post on video interviews and ZOOM your way to success! (Get it?)
#1 Why do you want to be a public defender? The most obvious of all public defender interview questions.
This is the biggest of the common public defender interview questions. Why public defense? How about the ACLU? Or maybe do some policy work ending mandatory minimums? Prisoner rights advocacy? These are all worthy causes!
“Why do you want to be a public defender?” is an obvious question, so you need to have a solid answer.
Do you have a personal story? Did you witness something that inspired your passion? Maybe it was a book? (Check out my blog post on books to read before you interview.)
You should also be able to speak to the systemic need for public defenders. And to that point, if you haven’t read Gideon v. Wainwright, get on it!
#2 Don’t you believe that a good liberal prosecutor can do more justice than a defense attorney with those same views?
This is not an unreasonable position to take. In fact, a friend of mine has established an organization centered around this perspective. Check it out here. So why not be the reformist prosecutor? Don’t get stumped on this interview question!
There are many reasons. First and foremost, there are plenty of people who want to become reformist prosecutor. It’s becoming a trend. Second, even a reformist prosecutor is going to be seeking jail time for poor people. Do you want to be spending your career putting people in cages?
I highly recommend that you read this article. It might help you think about this question for and develop your position.
#3 The mother of all public defender interview questions!
It’s one thing to want to protect people wrongfully accused of crimes or fight back against drug laws that have led to mass incarceration, but it’s another to represent somebody accused of sexually assaulting children, torturing animals, and all the other bad things you’re going to have to defend. The question is why do you want to be the person standing next to the child molester? The murderer?
This is a variation on interview question #1, however it is a little more pointed. This is one of those public defender interview questions designed to test the convictions of the candidate who says “I want to combat mass incarceration.”
This job is bigger than combating the war on drugs, mandatory minimums, three strikes laws, and the death penalty. Though fighting against the carceral state is a MAJOR reason people like me became public defenders.
Being a public defender is about defending the constitution. It is about giving a voice to the voiceless. It is about standing next to the person whom nobody will stand next to. It is about humanizing the guilty; especially those convicted of the worst crimes.
Being a public defender is also about fighting racism, even when your clients are white. Really? Absolutely. A very wise friend of mine, Professor Christian Williams of Harvard Law’s Criminal Justice Institute, explained it to me quite well some time ago.
You see, most of our laws were designed to imprison Black men. As time went on, whites, mostly poor, started getting caught up in that system. And thus, when a white man is facing decades in prison for possessing crack cocaine, it’s not because crack is that bad. It is because he committed a crime designed to imprison a Black man for the majority of his adult life.
When you fight back against the carceral state and its racist laws, even when the person standing net to you is white, you are fighting back against racism. Just make sure you are checking your bias when that person next to you is Black.
#4 How can you argue to a jury that a client who you know is guilty, is innocent?
This is a common public defender interview question that saddles two important areas; your convictions and your ethics. Your answer to this interview question should address both.
Can you, as an ethical matter, argue to a jury that your client is innocent if you know for a fact that they are not? Absolutely. It is quite simple really. Your client is presumed innocent. Closing arguments are not evidence. Your client has the absolute right to argue in closings that they are innocent.
What about morally? Legal ethics aside, how do you feel about making such an argument to the jury? This part of the question tests your convictions. Do you really believe in the mission of Gideon’s Army?
#5 Is there any type of case you would not want to take?
Of all the common public defender interview questions out there, this can be a tough one. You need to ask yourself this question not only before your interview, but also before you decide that this is the career path you want to pursue.
No one is “pro crime,” but there are some crimes that people just could not see themselves handling. Could you take a child pornography case? A rape case? An animal cruelty case?
If there is a certain type of case that you would rather not take, would you take it nonetheless because that is your job? if so, how would you ensure that your client is getting the best representation possible? How would you compartmentalize your personal feelings?
If you find that there is a list greater than one, you may need to rethink whether this is the right career for you.
#6 Why do you want to come to this public defender agency?
In my opinion, this is one of the most important public defender interview questions asked. Remember, public defender agencies aren’t just looking to fill slots, though some may be.
They are looking to recruit talented young attorneys to invest training and other resources in. They want someone who is going to be around for more than just a few years.
For more information on things to consider, check out my post on What Is A Public Defender?
#7 What is a difficult client experience that you have had during one of your internship for clinical programs, and how did you handle it?
Think about this ahead of time. Your interviewers want to know how you are going to handle tough clients. It will also reveal in general whether you possess the ability to interact with clients in general. Remember, this job is not about you. It’s about them.
#8 Imagine you have a client that is incarcerated, has a long criminal record, and does not trust public defenders. How are you going to establish trust with that client?
This common public defender interview question is all about your personal style and instincts. Your answer may also overlap with your answer to the “difficult client experience” question. There is no right or wrong answer.
At the end of the day, it is vital for any attorney, let alone a public defender, to maintain active communication with their clients. Your client has a right to know what is going on with their case.
Send them letters with updates. Send them copies of their discovery (unless it is a sex case or violent crime against a child In that instance, you will want to ask them first if they want those materials sent). Do check up calls. And if they are incarcerated VISIT THEM EARLY AND OFTEN!
I’ve had clients that I have had to see once a week for months, even when I did not have any updates for them, until enough trust was built up. Clients need to see you investing time in their case. They need to feel that you have their back and are not just mailing it in. Always remember, they did not choose you. it is incumbent upon you to EARN their trust.
While you are thinking about this question, read my article on building trust in your client interview.
#9 Let’s say that you’re preparing for an assault trial and you determine that the best defense is self-defense. Your client however does not want you to argue self-defense. Instead your client wants you to argue that they were never at the scene of the crime. You feel that this is a terrible defense because there are multiple eyewitnesses who will place your client at the scene. What do you do?
This is a tough interview question. It’s also a tough question for practicing attorneys, (which is why the issue recently went up to the United States Supreme Court!). The goal of trial is to win, right? It’s not so easy.
For starters, self-defense requires an admission that your client engaged in the conduct alleged. you are simply arguing that it was privileged under the law of self-defense. Your client however may not want to admit that they did anything. It might be because they truly did not commit the act. It might be because they don’t feel the jury would accept self-defense. There are a host of reasons.
Your job is not to judge your client’s rationale. You should certainly explore their position with them and fully flush out your position. It is perfectly normal to debate strategy with your client. Things may even get heated. We are talking about people’s lives and liberty here after all.
At the end of the day however, it is your client’s life on the line, not yours. So, if your client wants to pursue a defense that you find to be untenable, you are probably going to have to pursue that defense. Read this recent United States Supreme Court case on the issue, McCoy v. Louisiana.
#10 What are you looking for in a public defender agency?
Of all the common interview questions that you are asked, this one should be a softball. This question relates to goes back to the “why do you want to come here” question and is a great opportunity to reinforce that answer and show off your knowledge of the agency you are applying to.
Don’t sweat it folks! You are going to be great at your interview. After all, they are interviewing you because they have some idea of what your answers to these questions will be because of your amazing cover letter, right? If you need a refresher, check out my post on The Public Defender Cover Letter.
