Generally referred to as public defenders, court-appointed attorneys are lawyers who provide legal counsel to those who have been criminally charged and cannot otherwise obtain or pay for an attorney. Access to a court-appointed attorney is a defendant’s right under the 6th Amendment or Miranda Rights, which are issued at the time a person is criminally charged.

Court-appointed attorneys are employed by the federal government in most cases, but some work for non-profit entities that are funded by the government. The landmark case of Gideon v. Wainwright in 1963 is largely responsible for the public defense system that is in place today. While not every jurisdiction has a public defender’s office, most do. In the event that they do not, the court assigns court-appointed attorneys from private legal aid firms with which they have a contract.

When a charged defendant is brought before a judge for hearing, the judge will ask the defendant if he or she wants to hire an attorney privately or use a court-appointed attorney for their defense. Before a defendant can qualify for access to court-appointed attorneys, he or she must be facing a criminal charge that carries the potential for an imprisonment sentence if convicted. They must further prove indigent, not being able to afford legal counsel, and will be asked to divulge financial information verifying their situation. If the judge determines that the defendant cannot afford, counsel, they will approve the request for a court-appointed attorney.

In most cases, court-appointed attorneys are not completely free of charge unless the defendant is not convicted of the crime they were originally charged with. Typically, if a defendant is convicted, a judgment is entered requiring payment based on several factors including financial situation, severity of the charge, and depth of defense. In most cases, court-appointed attorneys are less costly than private attorneys.

While it is the right of all defendants to be provided with legal counsel, most middle-class Americans do not qualify financially for access to court-appointed attorneys and are forced to hire private counsel. Many people question the quality of defense provided by court-appointed attorneys who, in effect, work for the courts. However, it is their legal responsibility to defend all people fairly to the best of their ability. All persons who are facing criminal charges will be instructed with options for obtaining legal counsel. They can also call their local bar association for further information.