3 ms·

You do have the right to a court appointed attorney for criminal cases, though, right? I’m not arguing that that is sufficient at all, I’m just ignorant of the

by breck 6y ago

You do have the right to a court appointed attorney for criminal cases, though, right? I’m not arguing that that is sufficient at all, I’m just ignorant of the basics. My understanding is for criminal cases, you can opt for a free public defender, but not for civil cases. Or am I incorrect?

nickff 6y ago
I do not believe that there is a right to a public defender, though they are often available. There is no corresponding right in civil cases, and the government files many of those as well.
- freeone3000 6y ago
  Sixth Amendment provides right to counsel for criminal prosecutions. It's the rare positive right - if you do not have lawyer, or cannot afford one, the state will provide one. (Generally an overworked, underpaid one...)
  - nickff 6y ago
    Not for all criminal prosecutions it seems; only felonies: https://en.wikipedia.org/wiki/Right_to_counsel#United_States https://en.wikipedia.org/wiki/Right_to_counsel#United_States
  - refurb 6y ago
    Random anecdote - I sat as a juror on a felony trial where the defendant was represented by a public defender. Before it started I pictured a bumbling public defender with bags under their eyes from lack of sleep. I was surprised when the public defender ran circles around the prosecutor. It was actually the prosecutor who I had some sympathy for. She seemed overworked and unprepared. Albeit it was a big case for the city, so I assume the public defenders office decided it was a case worth winning, but damn, that changed my opinion of public defenders.
    - Zhenya 6y ago
      Maybe it was a lawyer doing their required pro bono hours (I think large firms require X hours of this kind of public work).
      - refurb 6y ago
        That does happen, but it wasn't in this case. I looked the defense attorney up and he had been with the public defenders office for a few years. Not claiming all public defenders are that good. Just that I was surprised.
deleted 6y ago
[deleted]

by breck 6y ago

nickff 6y ago

I do not believe that there is a right to a public defender, though they are often available. There is no corresponding right in civil cases, and the government files many of those as well.

freeone3000 6y ago
Sixth Amendment provides right to counsel for criminal prosecutions. It's the rare positive right - if you do not have lawyer, or cannot afford one, the state will provide one. (Generally an overworked, underpaid one...)
- nickff 6y ago
  Not for all criminal prosecutions it seems; only felonies: https://en.wikipedia.org/wiki/Right_to_counsel#United_States https://en.wikipedia.org/wiki/Right_to_counsel#United_States
- refurb 6y ago
  Random anecdote - I sat as a juror on a felony trial where the defendant was represented by a public defender. Before it started I pictured a bumbling public defender with bags under their eyes from lack of sleep. I was surprised when the public defender ran circles around the prosecutor. It was actually the prosecutor who I had some sympathy for. She seemed overworked and unprepared. Albeit it was a big case for the city, so I assume the public defenders office decided it was a case worth winning, but damn, that changed my opinion of public defenders.
  - Zhenya 6y ago
    Maybe it was a lawyer doing their required pro bono hours (I think large firms require X hours of this kind of public work).
    - refurb 6y ago
      That does happen, but it wasn't in this case. I looked the defense attorney up and he had been with the public defenders office for a few years. Not claiming all public defenders are that good. Just that I was surprised.

deleted 6y ago

[deleted]