What Does A Public Defender Do?
A public defender represents persons accused of crimes, which they can go to jail or prison for, and who cannot afford their own attorney.
Seems simple enough, right?
If you Google “Public Defender Job Description” you are going to get some pretty generic results. Yes, you represent indigent persons charged with crimes. Yes, you appear at arraignments. It’s all the stuff you could guess.
The real public defender job description won’t be found on any career website. That’s because it is not written by public defenders! What do you need to know before you decide that being a public defender is the right career path for you? It’s more than just representing clients for one.
Being a public defender means having a complicated and stressful job. This can translate into having a complicated and stressful life. As you are making your way towards this career path there is a lot to consider. Here is my unofficial public defender job description.
Mo Money, Mo Problems? Welcome to a Problem Free Career!
As I mention early on in my post “4 Tips To Surviving On a Public Defender Salary” you are not making the big bucks as a public defender. Wages start low and while they may rise in some jurisdictions, they don’t get too high.
If you are going to do this job, you must accept the fact that you will struggle financially. Especially in the beginning. Student loans, car insurance, rent, the list goes on. If are not passionate about this job, or any other public interest job for that matter, you won’t last. And the first thing that will send you to the classifieds is the salary.
Must Have Thick Skin – White Hatters Need Not Apply
I remember being a young public defender reading a local puff piece in the local paper about a “up and coming” prosecutor in my jurisdiction. He was quoted as saying, “I like to wear the white hat.” I said to myself, “what the hell does that even mean?”
So, as with anything I don’t understand, I looked it up. So there it was in the dictionary, “one who is admirable and honorable,” and “a mark or symbol of goodness.”
That ain’t us. A requirement in the real public defender job description is “must have thick skin.”
We are doing the admirable and honorable work. We are just doing it for people that society despises. There is very little glory.
You don’t do it to be the “good guy.” You do this for your clients. You do this to fight back against an oppressive and discriminatory system.
Must Be Able To Handle Excessive Caseload
No public defender job description will ever say, “must be able to handle excessive caseload.” But hey, it’s a fact.
Are some cases more extreme than others? Absolutely. But even in a well run system, the public defender’s office is overburdened.
The heavy caseload can burn you out pretty quickly. And it is especially tough when you are new because of the steep learning curve. Not only are you learning on the job, but now you have 50-100 lives in your hands. Shit gets real. Fast.
Now here is a good spot for a disclaimer. This is not meant to scare you! You are highly intelligent (which is why you were hired). You are working with a team of dedicated people (which is why they are public defenders). And you will succeed with hard work!
Now, back to the good news…
All Aboard The Plea Machine!
Well, not really. But it sure as hell can feel that way sometimes. The majority of your cases will resolve with guilty pleas. It is a sad and frustrating fact of life for you and your clients.
The criminal justice system is a system of pleas. Clients inherently fear trial because of the “trial tax” imposed upon them at sentencing should they go to trial and lose. I shudder to think of the number of clients who I believed were innocent that demanded that I get them a favorable plea offer.
Of course, many of your clients are guilty and will be found guilty after trial. A plea is their best option. And when you pout in those hours and get ready for trial, you are more likely to get them that deal than had you showed up unprepared.
I cannot say this enough: Do not get discouraged preparing for trial after trial, only to see the case plea. Your hard work and preparation is what got your client a favorable plea deal. Your readiness to go into a losing battle is what caused the prosecutor to second guess their case. And the next time you make a pre-trial offer, the prosecutor will know that you mean business!
Say No To The 40-Hour Workweek!
It’s more like 50 hours. Sometimes more. Especially when you are gearing up for a major felony trial. But fear not! There are breaks and as you gain experience, you become more efficient.
Secondary Trauma – It’s Real
Some call it “secondary trauma.” Others call it “compassion fatigue.” Either way, it’s real and you need to be ready for it.
Day in and day out you become a witness to your client’s trauma, whether it be from their past or the present. You become a witness the the trauma of crime victims. Your day to day becomes a constant deluge of of pain. It’s not easy.
You are doing this job for many reasons, and one of those reasons is to help ease the suffering of your clients. Many are poverty stricken. Many are survivors of physical and sexual abuse; once lauded as victims to be cared for, they are now targets of an oppressive system seeking to cage them.
But in helping these good people who have come across hard times, you are exposing yourself to the violence they have had to endure. It’s painful on so many levels and it is only exacerbated by heavy caseloads and high stress situations that come with the job.
This is not a job public defender job requirement; this is a fact of life for any public defender. I want you to be aware of it so you can prepare yourself. Rest assured, your fellow defenders will be there for you.
Note: I am personally suffered from it, and still do. When I have more time, I will be writing a post about it and including some resources for people to connect with. Here is a great place to start!
Must Be Able To Lose With Dignity
You already know that the criminal justice system is not set up for you to win. And that’s because the criminal justice system is set up for your clients to lose.
Just look at the Rules of Evidence, which permits the government to use your clients statements against them, but does not let you use your client’s statement to help them. Or take a look a Fourth Amendment/Search and Seizure precedent, (some states are “better” than the federal system). The list goes on.
This means that oftentimes you, and in turn your clients, will not prevail in court. What’s worse, is that you may be going up against prosecutors who are, to put it kindly, not as good of a lawyer as you are. It is frustrating as hell.
I remember filing a twenty-page memorandum in support of a motion to dismiss. The prosecutor filed a two-page objection that was largely intelligible. The court denied my motion without any reasoning. I almost lost my mind. But that is the job.
You job is less about winning, though that is the goal, and more about attack the mighty walls of the criminal justice system with your fellow public defenders. Find a weakness in the wall and break your way through!
Do not get discouraged. Without you, imagine what the system would do to our clients.
Must Be Willing to Redefine “Winning”
Now that we have addressed losing, let’s talk about “winning” and what a victory really looks like.
Yes, a not guilty verdict is winning. It’s one of the best feelings in this job. After nearly 12 years on the job, every not guilty verdict feels like the first one. No matter how small the case. It can be a driving after suspension case, or a stabbing; not guilty verdicts recharge those public defender batteries like nothing else!
But not guilty verdicts are not your only source of victories. For example, even if you lose the trial, you may have a solid issue on appeal that you, through your attention to detail, more than adequately preserved. Now your client has a shot at a new trial. It’s not much, but it is hope. And those times you see the appeals court reverse your client’s conviction are almost as good as hearing the words “not guilty.”
Even pre-trial, before you know what the verdict will be, you will have meaningful wins. Motions to suppress for example are a big part of many practices. And yes, the law is not great in most jurisdictions, but you will win. Suppressing drugs, a gun, or any other evidence that was obtained through law enforcement breaking violating your client’s right is the ultimate form of justice.
Must Understand The Importance of Sentencing
Sentencing is one of the most important parts of your practice. I find that it is too often ignore at training programs and continuing legal education seminars. Take a look at the NACDL CLE schedule and you will see what I mean.
Sentencing is a complicated process, with or without sentencing guidelines. It requires you to peel back the many layers of your client’s life, enabling you to tell their story. You will find yourself obtaining their medical and mental health history and school records. You will be reaching out to family members to interview and creating a “social history” of your client.
You may find yourself reading social science papers that are applicable to your client. For example, an adult client who is 19 or a client who is 40 with an extensive criminal history dating back to their you, may require you to educate the court about juvenile brain development.
Sentencing is a lot of work, but it pays off. And when you beat the government’s offer or get your client a sentence comparatively lower than sentences in similar cases, you have won. And listen, it is not always going to feel like you won, especially if your client stills ends up in a cage. But you must have some perspective.
Winning as a public defender is sometimes more about suturing the wounds caused by the system, rather than preventing the wound in the first place.
