P.D.s are People Too
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PDs are People Too (and real lawyers):
My tribute to the public defender
When people look at me and assume I am young so I must be a ‘newbie’ to the practice of law. Additionally, although I am a private attorney, on Wednesdays, I am contracted by the state to represent parents and guardians involved in child abuse and neglect cases. Because of both, I am often always asked if I am a “REAL” attorney or a “public defender”. Matter of fact, some people even refer to them as “public pretenders.”
I am not really sure where the public has gotten the notion that public defenders are not “real” attorneys. When in a jam, defendants scramble for any attorney, especially if at the time they do not have access to one. We, as Americans, almost always feel “entitled” to an attorney no matter what, while leaving public defenders, overworked, underpaid and almost never appreciated as much as they should be.
Although there had been some provisions for average people to be represented by “free” lawyers in the past, the public defender system as we now know it all began with the help of the landmark case Gideon v. Wainwright, 372 U.S. 355 (1963). Gideon, who was not well-educated or very articulate, was charged with the crime of breaking into a bar one night and stealing alcohol and money from the bar. In the movie “Gideon’s Trumpet” starring Henry Fonda, Gideon was made to seem as innocent of the crime but just kind of the town nuisance. Gideon announced to the court that he did not feel comfortable defending himself because he did not know anything about the legal system and felt doomed to lose by going against a well-educated attorney who was prosecuting the case. The case was taken all the way to the Supreme Court and thanks to Gideon many have the opportunity to be represented by well-educated, competent legal counsel for a free or reduced rate.
For all of those who are curious, public defenders study beside, sit in class with and take the same bar exams as us “real” attorneys. Many of the public defenders in Kentucky are my good friends from law school and we still keep in touch. We all help people, put our pants on one leg at a time, pay our bar dues, and practice law. The only difference is the firm they work for has the funding to help those who are similarly situated to my clients with the exception of their inability to pay as much.
Many public defenders chose to work there not because they simply could not get another job, but because they have the passion to make sure adequate legal representation is available to all, making our system much more fair and balanced than it would be otherwise. So please do not make the distinction or lessen the dedicated public defenders, by referring to them as not “real” attorneys. I actually get offended. Public defenders are people too…and real lawyers…who care about you. Have you thanked (or hugged) your public defender today?
