Is the 'court-appointed-council' expected to 'play ball' with the prosecutor... or, make no waves... at the expense of and to the detriment of their entrusted clients? How does such a travisty of 'justice' continue generation after generation with no correction?
2007-08-27 20:25:54 · 7 answers · asked by punk bitch piece of shit 3 in Politics & Government ➔ Law & Ethics
This is a standard misconception of the relationship between the PD's office and the DA's Office.
Although the PD is a government employee, he is still bound by the ethics code to zealously assert/defend the rights of his client.
While it is true that a PD attorney does not make the cash of a private attorney, he still has a reputation to uphold, and must adhere to the code of ethics applicable to all attorneys.
There is no "playing ball" between the two offices, if there are genuine issues of fact or law which must be contested.
2007-08-27 20:36:56 · answer #1 · answered by MenifeeManiac 7 · 0⤊ 0⤋
Defenders certainly can not 'play ball' with the prosecutor without violating professional obligations. They must still represent the client or face license violations.
As to the quality of the attorney it varies as much as anything else. There are some really great PDs and some not so great ones. It also depends on how the system is managed. In some cases the PDs work for a public defender office and are employees of the state or county. In other cases they are private attorneys who are willing to accept appointments. For instance, in my county the public defenders all have private practices. Some of our very best defense attorneys who charge several hundred per hour normally are willing to take court appointments and do a great job with them. There's just too much variation to make a blanket statement.
2007-08-28 11:23:05 · answer #2 · answered by MICon 2 · 1⤊ 0⤋
It is a bit of a misconception that the Public Defender is some sub standard lawyer who can't find his way to the court room. Many may be inexperienced but all passed the same bar exam as every other attorney in the state. A lot of them make "plea bargain" deals, simply because their client is as guilty as sin and there is no way to win the case.
Some high profile cases may make it look like money talks but that in and of itself can be a punishment. OJ beat the rap, but had to spend his entire fortune to do it. He lives off his NFL pension, which is generous, but no where near the millionaire life style he used to have.
NOTE TO "CANTCU": President Bush does not have anything to do with your State or County Public Defender funding. Those are not federal responsibilities.
2007-08-28 03:50:14 · answer #3 · answered by Anonymous · 1⤊ 0⤋
It sort of is a system where the prosecuters have a clear advantage.
Usually the defenders have just graduated from law school, and they are givin 3 times the caseload they should have! I think most try but their job is impossible!
To correct it takes money, and Bush would rather give it to the rich!
In murder cases Public Defenders are not appointed by the courts! Not in my state!
2007-08-28 03:37:07 · answer #4 · answered by cantcu 7 · 1⤊ 2⤋
as a public defender you attended law school and graduated. High profile lawers make 20 fold of a public defender. They graduated from Harvard, Yale, etc... not Joe's law school. ya get what i'm sayin.
2007-08-28 03:31:37 · answer #5 · answered by johnnybelinda 4 · 0⤊ 1⤋
When Joey the crackhead rips the purse off of your granny's arm, I'm sure she'll be thrilled to hear that your biggest worry is the quality of his legal representation.
2007-08-28 03:36:27 · answer #6 · answered by Anonymous · 0⤊ 1⤋
cause the job pays 40K and the attorneys are new to it and over worked.
2007-08-28 03:31:01 · answer #7 · answered by blktan23 3 · 0⤊ 0⤋