Public defenders rarely make it on the federal bench. Not anymore
The Center for American Progress reported in June meanwhile that, prior to Biden’s presidency, approximately 1% of federal appellate judges had spent most of their careers in roles as public defenders or legal aid attorneys.
Fleming is still awaiting confirmation in the Senate, but his nomination signals both an attempted shift by President Joe Biden to put former public defenders on the federal courts and the skepticism they face on their way to the bench.
Approximately 40% of the nominees Biden selected in 2021 to sit on the federal courts have served as public defenders at some point during their career, according to the White House.
It’s a job formally cemented into the American criminal justice system more than 50 years ago, but experts say there is a stigma surrounding the role public defenders play in the judicial system and whether they are capable of being impartial federal judges, attitudes that have long prevented attorneys for indigent clients from making it onto the federal bench.
Where’s Senator Grassley’s concern with Justice Thomas’ wife’s connections to January 6th? Oh wait, that was a tourist visit. Senator Grassley has been in Congress since 1981 and Iowans deserve better representation than him. Time to send Grassley out to pasture where he’ll continue getting farm subsidies. Sorry I can’t stand Senator Grassley.
There is no such thing as an impartial federal judge, I don’t care what path they take to get there. Everyone is an accumulation of their experiences and those experiences affect their decisions. There are no exceptions.
I have hired both criminal and civil attorneys over the last 30 years and what I have come to realize based on that experience is, about 1 in 5 actual know what they are doing and are good at it, 2 in 5 are decent lawyers but won’t put in the time on tougher issues, and the other 2, let’s just say I am amazed they passed the bar.
Alan…You Are Spot ON!
-Most Just Have an ‘Ambulance Chasing’ Mentality!
…I have Spent Over $137K For Nothing!
I was appalled to read some Senators were afraid of a bias by former public defenders, as if prosecutors and corporate lawyers aren’t biased. Those two categories of lawyers are likely the most aggressive, ambitious and possibly underhanded in the profession. Has anyone reading here been overcharged by a prosecutor or spent time in pretrial confinement even though you were not a flight risk or accused of a violent crime? Those two things function as tools to intimidate and wear down even innocent defendants, and to complicate communication with defense attorneys.
The most disturbing comment in the article was by Sen. Grassley where he differentiated between “Bill of Rights” judges and “criminal defense” judges. Unless I’m mistaken Senator, the Bill of Rights guarantees counsel for the accused and makes no mention of a lawyer for the government. It is interesting that the senators indicated that defending those accused of child pornography and sexual assault was somehow a black mark for a nominee. Defense attorneys are also “ministers of justice,” and in most cases the only legal bulwark to protect citizens from the government. It is the most reviled who require the most vigorous defense.
“Indeed, the more reprehensible the charge, the more the defendant is in need of all constitutionally guaranteed protection for his defense.” (Danner v. Kentucky, 525 US 1010 (1998), Scalia J., Thomas J., Dissenting).
When asked to define the term “bringing one to justice”, many replies would center around insuring adequately severe punishment. I hold a different view. My answer is that the term means that the process is strictly conducted according to the rule of law, and is not determined by the outcome. If the legal process produces erroneous or undesirable outcomes, we change the law. That is a legislative function, not a judicial one.
Before ripping into public defenders, we must remember that there are competent and incompetent private defense attorneys as well as public defenders. Public defenders are usually paid less by the government and have fewer resources than their prosecutorial counterparts. That alone creates a huge disparity and indicates the dedication of public defenders to achieving true justice.
Veritas.